HomeMy WebLinkAbout09-2446
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No (2ivil (errk
vs.
CHARLES TODD
COMPLAINT IN CIVIL ACTION
Defendant 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
07303924 C A Pit ABR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Vs. Civil Action No
CHARLES TODD
Defendant
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:
CHARLES TODD
803 W KELLER ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX3096 . 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 March 18, 2009 , in the amount of
$14720.10 .
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 $1500.00
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 , CHARLES TODD INDIVIDUALLY , in the amount of
$14720.10 with interest at the legal rate of 6.000% per annum from
date of judgment plus attorneys' fees of $1500.00 , and costs.
James L warmnroat,4ZbZ4
WELT WEINBERG & REIS CO., L.P.A.
436 Se e th Avenue, Suite 1400
,T I
ur h, PA 15219
Pitts
(412) 4 4-7955
FAX: 4 -338-7130
073 3 4 C A Pit ABR
This law firm is a debt collector atteKting to collect this debt for
our client and any information obtained will be used for that purpose.
CARD
6
$14,720.10
22 E DSN6 4010005353
CHARLES TODD
803 41 KELLER ST
MECHANICSBURG PA 17055-4029
$14,720.10 Enter Amount Enclosed Below
Payment Due Date $
February 21, 2009 Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $2,980.00.
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.
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
Discover.com/payments today.
PO BOX 6103 111 1111111111 11111
CAROL STREAM IL 60197-6103
{i{{u{{unu{{{?{n{ni{?{luui{{{{uin{{?{{um{lulu{{
000001986458392934028147201000000001472010
Discover More Card Account Summary
Closing Date, January 22, 2009 page 1 of 1
Account number ending in 3096 Previous Balance $14,720.10
.Payment Due Dote February 21, 2009 Payments And Credits 0.00
Minimum Payment Due $14,720.10 Purchases + 0.00
Credit Limit $11,900.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
-ash Credit limit $0.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance m $14,720.10
Cashback Bonus® Opening Coshback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
t:ashback Bar?rs® Anntversaty Available to Redeem $ .. ... 0.00.
Date: December 22
How Can We Help You? 1. Visit Discover.com to pay your bill for no cost, view your
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) sea reverse side 3. Write us at Discover Card, PO Box 30943,
( Salt Lake City, UT 84130 EXHIBIT
`Finance Charge Summary
Nominal Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rated RATES RATES CHARGES CHARGES
;u rent billing period: 22 days
I'uThases $0 0.07942% 28.99% F 28.99% $0 none
;?--ash Advances $0 0.07942% 28.99% F 28.99% $0 $0
previous billing period: 4 days
Purchases $0 0.07942% 28.99% F 28.99% $0 none
17he rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information.
See Vow Cwdrnenrber Agreement. Your Cardmember Agreement contains all the terms of your Account o
Lost or stolen cards. Report immediateyl Call 1-800-347-2888. Z
BwIIq Rights Sums". In Case of Errors or Questions About Your Bill: If you think your bill is WIN' or if you need more information about a o
transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt LaTre City, UT 84130.0421, as soon as possible.
We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but $
doing so will not preserve your rights. In your letter, give us the following information:
*Your name and Account number.
*The dollar amount of the suspected error.
60escribe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure
about o not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in
question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.
Special Rule for Cro& Cord Purchesea: It you have a problem with the quality of goods or services that you purchased with a credit card, and
you.have tried in good faith to correct the problem with the merchant, you maY not have to y the remaining amount due on the goods or
services. You have this protection only when the purchase price was. more than S5y0 and the purchase was made in your home state or within 100
miles of your mailing address. (If we own or operate the merchant, or it we mailed you the advertisement for the goods or services, all purchases are
covered regardless of the amount or location of purchase.)
Paymerrls. Send only your payment and the top portion of this statement in the envelope provided. Da not send cash. BY sending your check as
described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution
indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will
be for the amount of the check. When we use information from your check to make an electronic fund transfer funds may be withdrawn from your
account as soon as the same day we receive your payment, and you will not receive your check back from your briancial institution.
The processing of your payment may be delayed if you send cash correspondence or other items with your payment if you. send the payment to any
other address or d you use an envelope other than=the one provided -Payments received on or after 1 PM Monday througriday or on a weekend
or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope send your payment to Discover
Bank, PO Box 6103, Carol Stream, ft. 50197.6103. Please allow 7-10 days for delivery. your payment is returned unpaid, we reserve the right to
resubmit it as an electronic debit
You can pay your minimum payment or a
You will need this statement and your bar
transactions must comply with U.S. law.
numbers as your electronic signature, You
from your bank account, and to initiate r
payment You must tail us the amount of
each statement You can cancels pa
may notify us by phone at 1-600-347. 66
you on each monthly statement when yo
indicated on the monthly statement based
account ii
ru will be
gill be agn
lit or cr
on
edit entries to your
lent, or u can se
we mus>oreceive n
11 at address listed i
t will be made anc
or payments applies
lone, and you can set up automatic payments. Call us at 1-800-347-2683.
ust ensure that sufficient funds are available in your bank account, and all
the first 5 digits of your account statement zip code. By entering those
rizotion to allow us and your bank to deduct each payment you authorize
iank account, as applicable to correct an error in the processing of such
.ct an amount such as the Minimum Payment Due or the New Balance on
lice at least three business days in advance of the scheduled payment You
the previous parag9raph. If your payments may vary in amount, we will tell
how much it will be Your Automatic payment amount may be lass than
during the billing cycle.
Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed Payments, or other defaults on your
account may be reflected in your credit report We normally report the status and payment history of your Accounto credit reporting agencies each
month. If you believe that our report is inaccurate or incomplete please write us at fate following address. Discover Card, PO Box 116, Wilmington,
DE 19650.5316. Please include your name, address, home telephone number and Account number.
PERIODIC FINANCE CHARGES, Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account
until the date you pa your entire New Balance, by Making payments or receiving credits. however, if you paid the New Balance on your previous
billing statement by the Payment Due Date shown on that statement, and you pay-the New Balance by the Payment Due Date on your current billing
statement. we will not impose Periodic Finance Charges on new purchases, that is, purchases first raring on the current statement We call this
the grace period. Otherwise, you will receive a billing statement next month that includes Periodic Finance-Charges on those new purchases. There
is no grace period on balance transfers or cash advances.
We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by
their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate
? roups. We refer to these groups as transaction categories At the end of each billing period, we compute balances and Periodic Finance Charges
or Sac', it a'i r:r 'ha N%.!?D loi each transaction ca'egore We use 'he fo3owmg equation to compute -Periodic Finance Charges-for each
transaction category. Average Daily Balance x number of days in the billingg period x Dairy Periodic Rate. You may refer to the finance charge
summary, on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total
Periodic Finance Charges for your Account The Average Dairy Balance is shown as zero if, because of the grace period, no Periodic- Finance Charges
apply to the balance in a transaction category.
We use the two-cycle daily average balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance
Charges. This means it you did not pay the New Balance shown on the billing statement you received during the previous billing period by the
Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement,
as well as new purchases that first appear on the current bitting statement unless we already imposed Periodic Finance Charges on the purchases on
your previous billing statement
We compute the Average Daily Balance for each transaction CategoN by adding uP all the daily balances in a billing period for a transaction ca orY
and dividing the total by the number of days in the billing cycle- We compute tare dally balance for each transaction category on each day by list
adding theTOilowing to the previous day's dally balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued
ontet?hoeryprevious day's daily balance and byry then subtracting any credits and payments that are applied against the balance of the transaction
your ba7an?ce for each tranasacton Categeoryaoh t?healast daylof lpur praevioushDilbngnpe rord a UansraleCtio?n is post todyo?ur A?ccount"afiehthe ci?e
of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the billing period in which it is posted to
your Account
All fees charged to ur
Finance Charges whiyoch a
are added to the applical
balance transfer and the
with
rate has been terminated under the Default Nate Plan, we leave the unpaia oaiance of inc Dalai
Finance Charges in the applicable transaction category until the special rate would have expired
For TOO (Telecommunlcatlons Device for the Deafl assistance. olease call 1-200-2i7-7aao-
we prove 11
n category.
to Balance
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 Beth Bohac
(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.
ai?] LLkDt-o
(Signature)
WWR# 7303924
Charles Todd
'6011002288513096
?J
A
OF R17- PRIT-101"
2059 Al'ri 17 PM 2:41
~ }fM1 3l
i'7f. . So Po Ar?Y
et'l 3f (a 017 q
2.23 9,2,Q
Sheriffs Office of Cumberland County
R Thomas Kline ?a?,nsx? of i€mbrr/?0 Edward L Schorpp
Sheri Solicitor
f. ?Ya
Ronny R Anderson' Jody S Smith
Chief Deputy OFFICE 7"E s?eR'Fr Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/21/2009 06:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 21,
2009 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Charles Todd, by making known unto himself personally, defendant at 803 W. Keller
Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.00
April 22, 2009
2009-2446
Discover Bank
VS
Charles Todd
SO ANSWERS,
R THOMAS KLINE, SHERIFF
By
Deputy Sheriff
FILED- :) r= ;(;E
OF THIE
2GQ9 APR 27 A !
r
DISCOVER BANK
Plaintiff
Vs.
CHARLES TODD
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No: 09-2446 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
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
07303924 C A Pit JLI
Judgment Amount $16220.10
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
CHARLES TODD
TO THE PROTHONTARY:
Civil Action No. 09-2446 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant CHARLES TODD
above named, in the default of an Answer, in the amount of $16220.10
computed as follows:
Amount claimed in Complaint $14720.10
Less payments / adjustments made $0.00
Attorney's fees $1500.00
TOTAL $16220.10
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:_
James
0730392
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A
Pittsburgh, PA 15219 And that the last .
803 W KELLER ST MECHANICSBURG, PA 17055
A Pit JLI
36 Seventh Avenue, Suite 1400
n address of the Defendant is:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 09-2446 CIVIL TERM
CHARLES TODD
NON-MILITARY AFFIDAVIT
The undersigned, who first 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 , CHARLES TODD 803 W KELLER ST MECHANICSBURG, PA
17055 is not in military service.
Affiant further states that this belief is supported by the attached
certificate from the Defense Manpower Data Center (DMSC), which states that
the Defendant , CHARLES TODD 803 W KELLER ST MECHANICSBURG, PA 17055 is not
in the military service.
Further Affiant sayeth naught.
SWORN TO AND SUBSC I ED in my presence this
9 day a f 3 U -I -zoo 2
C0MM6NWEAi,;'a 66 KNNISYLVANIA
?Nofirlel 4 "1
Wayne A. Jones, Notary Public
CRY of Pft"h, Aftheny County
My Con'lmiaWw rea JYne 20, 2010
Member, Pennsylvania Assoddon of Notaries
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
CHARLES TODD
Defendant
Case No. 09-2446 CIVIL TERM
IMPORTS TN NOTICE
TO:
CHARLES TODD
803 W KELLER ST
MECHANICSBURG, PA 17055
Date of Notice: &acilclq-
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA. 17013
(717) 249-3166
WELT N, WEINBERG & REIS CO., L.P.A.
By:
M hew 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
7303924 A PIT T4S
F!LED- C)) F-lLF-
OF THE F`R"T*F-'rA!CIT PY
2009 JUN 15 PM 1: 21
cum
; ; I-- . ?1TY
NA
L r".N I
04
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
CHARLES TODD
Civil Action No. 09-2446 CIVIL TERM
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following Order of Judgment
was entered against you on t1II-/01
(xx) Assumpsit Judgment in the amount of $16220.10 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
CHARLES TODD
803 W KELLER ST
MECHANICSBURG, PA 17055
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219 (412) 434-7955
i
a #=
"? "'. i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
CHARLES TODD
803 w i(tilee 6k.
ven''e eridanCC<
l•"
WACHOVIA BAN&
4W &S -
G?`' rniJhee°'
CGrlisK 3
TO THE PROTHONOTARY:
Civil Action No. 09-2446 CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against CHARLES TODD, Defendant
3. against WACHOVIA BANK, Garnishee
4. Judgment Amount $
Interest $
Costs $
SUBTOTAL: $
Costs (to be added by Prothonotary): $
39H. SU ?b 0:1
4k 00
s 7g ' 5a
s 14. to ?, ?.
C11 r-.2 CD
rn C73
?%?' `Y Ana
o
iz
O
5
c
c _.yY
:Z-
c7
> c o o
16220.10
1528.74
17748.84
WELTMAN, WE.INBERG & REIS CO., L.P.A.
Y:
William T Molczan, EsqV
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
a. oo Oue Co
5 p LL
? 16 ? 0 t & Issue-d
L56 W 7?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No. 09-2446 CIVIL TERM
vs. PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
CHARLES TODD C7 N C)
C p ?
Defendant rnw c- =-n
7 -,r
WACHOVIA BANK, ;;?- - ?p
C3
Garnishee, =` z-n
FILED ON BEHALF OF E5 C :)n
Plaintiff
cz:
a
--+rn
`
COUNSEL OF RECORD OF
THIS PARTY:
William T Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7303924
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-2446 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s)
From BRIANA K. TURNER, 803 West Keller Street, 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:
WACHOVIA BANK, 604 East High Street, 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 $16,220.10
Interest $1,528.74
L.L. $.50
Atty's Comm %
Atty Paid $156.50
Plaintiff Paid
Date: 1/19/11
(Seal)
Due Prothy $2.00
Other Costs
Da ' . uell, rothonotary
By:
RE,QIIESt'M PART Y:
Name WILLIAM T MOLCZAN, ESQUIRE
Address: WtLTMAN WEINBERG & REIS CO., L.P.A
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Deputy
Supreme Court ID No. 47437
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
123 South Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
Attorney for Garnishee
DISCOVER BANK
VS.
F'! .FO-OFFICE
3F THE PROTHONOTARY
2011 FEB 10 PM 1: 54
CUMBERCiANDVANIA COUNTY
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
CHARLES TODD : NO. 09-2446
and
WACHOVIA BANK, A DIVISION OF
WELLS FARGO BANK N.A.. GARNISHEE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Wachovia Bank, a Division of Wells Fargo
Bank, N.A., Garnishee in the above-captioned matter.
Date:
r
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
123 South Broad Street, Suite 2100 It
Philadelphia, PA 19109 c ?.?
A (215) 864-9700 pJ ,
Attorney for Garnishee ??lY
DISCOVER BANK COURT OF COMMON PLEAS
VS. COUNTY OF CUMBERLAND
CHARLES TODD NO. 09-2446
and ;
WACHOVIA BANK, A DIVISION OF :
WELLS_FARGO BANK N.A.. GARNISHEE
ANSWERS TO INTERROGATORIES IN ATTACHMENT
TO: DISCOVER BANK, Plaintiff
1. No.
2. Account titled Charles F. Todd III, Charles F. Todd Jr. with a zero balance, an
account titled Sean P. Todd, Charles F. Todd Jr. with a zero balance, an account titled Charles F.
Todd Jr., Theresa L. Todd with a zero balance, and an account titled Charles F. Todd Jr., Theresa L.
Todd with a balance of $1,457.68. The sum of $1,457.68 has been restricted pursuant to this Writ.
Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor,
the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00
Legal Processing Charge, leaving a balance for execution purposes of $1,357.68. In addition,
pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of
$335.00 is authorized and will be deducted from the attached funds.
Garnishee is unable to determine from its records whether Charles F. Todd Jr.,
Theresa L. Todd, and an account titled Charles F. Todd Jr., Theresa L. Todd are entireties accounts
or joint accounts.
See New Matter below for further answer and defense.
3. - 6. No.
7. (Q) 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?
(A) No.
8. (Q) 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?
(A) In addition to any amounts disclosed above, if any, as of the date of the
execution of the Verification to these Answer an account titled Charles F. Todd III, Charles F. Todd
Jr. contained the sum $4.00, an account titled Sean P. Todd, Charles F. Todd Jr. contained the sum
$4.00, an account titled Charles F. Todd Jr., Theresa L. Todd contained the sum of $4.00, and an
account titled Charles F. Todd Jr., Theresa L. Todd contained the sum of $288.00 which is not
being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial
Code, 42 Pa.C.S. Section 8123.
NEW MATTER
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER
WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT
MAYBE ENTERED AGAINST YOU.
9. Garnishee incorporates by reference its Answers to Interrogatories one through eight
above as though fully set forth herein.
10. As indicated above, the account titled Charles F. Todd III, Charles F. Todd Jr, and
an account titled Sean P. Todd, Charles F. Todd Jr. which are in the possession of the Garnishee are
titled to joint tenants and as such may be exempt or immune from attachment. These accounts
cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the
judgment debtor. As such, Garnishee cannot release the attached assets without an appropriate
order of Court directing the Garnishee to permit execution in whole or in part by Plaintiff against
such assets. Garnishee will stay further action pending a hearing and determination by the
appropriate court.
It. As set forth above, the account titled Charles F. Todd Jr., Theresa L. Todd, and an
account titled Charles F. Todd Jr., Theresa L. Todd are titled to either tenants by the entireties or to
joint tenants and as such may be exempt or immune from attachment. Garnishee is unable to
determine from its records as to the appropriate designation of the accounts. If the parties to the
instrument are husband and wife, then such assets are entireties assets and are not subject to
execution pursuant to a judgment against either party, but only pursuant to a judgment against both
parties. If the assets are titled to joint tenants, the assets cannot be executed upon without
competent proof by Plaintiff that the attached assets belong to the judgment debtor and without an
appropriate Order of Court directing the Garnishee to permit execution against such assets by
Plaintiff in whole or in part. Garnishee will stay further
by the appropriate Court.
Dated:
iination
• ? F??l CY,???1 ?.L?i's'f
• Y L .
r arms
to Ia.
r a. L?uty 3•s7?} {?G fE cZY [ !! •?.?? nezQ?F?t = ! E a
i .f ?•iE3cc.t: _• w ' Fr)['?tY'a
c t i ?j - ( • -r, ?t' ?+ ltt? e??
r[-tE, dw f lC?t may,' ` a .T.?. a?a e•Ot P?x`tit'f? !.?
f??St s.CSS:7 ? LU?•i?.!`. 3' t s_es.? LR ,? 2 ?,?
p r r =F., Chu- bOr la-f I ate, .5_ fps : T_
-tiM •l?
pt Vt. iv zd
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OFFICE
?««cr of ?fr?rrb??,r?t?¢
Sheriff OF THE PROTHONOTARY
Jody S Smith
Chief Deputy ?P?I1 AUG 23 PM 3: 52
Richard W Stewart
Solicitor `F `?E r" `"ER'Pr CUMBERLAND PENNSYLVANIA
e COUNTY
PENN
Discover Bank Case Number
vs. 2009-2446
Charles F. Todd, Jr.
SHERIFF'S RETURN OF SERVICE
01/28/2011 10:48 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januar.
28, 2011 at 1046 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Charles F. Todd, Jr., in the hands, possession, or control of
the within named garnishee, Wachovia Bank, 604 East High Street, Carlisle, Cumberland County,
Pennsylvania 17013, by handing to Paul Fenton, Customer Service Representative personally three
copies of interrogatories together with three true and attested copies of the writ of execution and made the
contents there of known to him.
The writ of execution and notice to defendant was mailed on February 2, 2011 to Charles Todd at 803 W
Keller Street, Mechanicsburg, PA 17055.
08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $86.63 SO ANSWERS,
August 22, 2011 RON R ANDERSON, SHERIFF
!cj „ountySuite Shentf, Teieosoft. Inc.
5Z' L L p"(-
?2?' :? 4: 3 7/fir
r'
`73,, 2q
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for tl?P nest,
Argument Court.) G
----------------------------------------------------------------------------------------------------------------------a = ?
r.nco
CAPTION OF CASE
.
rs r:
(entire caption must be stated in full) =70
70
?. ?C-) -? --
vs.
? O
N
C7 r? •_
t ?v,r ?' - ?. J31,A No. 04 - Ig1W V• Term
(6-fAI ee)
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
comP,ljaint, Jet
d
r
s
l??
2. Identify all counsel who-will argue cases: Weltmon, Weinbwg & Rals Co.
(a) for plaintiffs: 1400 Koppers Bldg.
436 7th Ave.
(Name and A %rgh, PA 15219
(4121434-7955
(b) for defendants.
r )) _ t
0-, -se) ek r )e, l ?r?U ?us' 1, ge Ile-,r /
Jf ?4- , j . / 7
(Name and Address
rr
?a'lhec "'41k ?? 1 if C 2-_fc, DLj J?ee 1 ?c ZIV
? f? ?p? ??
:h
!
A
, i A l U ?l
3. 1 will notify all parties in writing within two days that this case has
ee
ted
for
t
argument. Y
4
A
D
-?
C
.
ate: -
rgument
ourt
2
d
Z
-
i
l7
Date: 01 L2-L 11201 Z
Print your name
'e, grLX-1 G 2
Attorney for , IA. ^ '
INSTRUCTIONS:
1. Original and two copies of all briefs must be fled with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
U. va? tAvg'-?'Sp4a?
124L oaa
r
CERTIFICATE OF SERVICE
A true and correct copy of the within Praecipe to List Case for Argument, on
Plaintiffs Motion for Release of Funds, has been served by U.S. Mail, Postage Pre-Paid, on
J
'- of 20 t2 upon the following:
SIRLIN GALLOGLY & LESSER. P.C.
123 SOUTH BROAD STREET, SUITE 2100
PHILADELPHIA, PA 19109
and
CHARLES TODD
803 W KELLER ST
MECHANICSBURG,PA 17055
By:
All
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK, NO. 09-2446 CIVIL TERM
Plaintiff,
vs. TYPE OF PLEADING:
PRAECIPE TO WITHDRAW
PLAINTIFF'S MOTIONAOR a
RELEASE OF FUNDS=
DD N
=? M
,
CHARLES TO
Ln %zs
Defendant, -? -r
WACHOVIA BANK, Ica ro
Zo =i 4
n
C)
Garnishee,
x
CA
FILED ON BEHALF OF.
Plaintiff
COUNSEL OF RECORD FOR
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#: 07303924
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK,
Plaintiff
vs.
CHARLES TODD,
Defendant
WACHOVIA BANK,
Garnishee,
CIVIL DIVISION
NO. 09-2446 CIVIL TERM
PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION FOR RELEASE OF FUNDS
At the request of the undersigned attorneys for the Plaintiff, you are directed to withdraw Plaintiffs Motion
for Release of Funds, which is scheduled for argument on Friday, April 13, 2012, on the above referenced case
number.
WELTMAN, WEINBERG'& REIS CO., L.P.A.
By:
Matthew D. Urban, Esquire
CERTIFICATE OF SERVICE
A true and correct copy of the within Praecipe to Withdraw Plaintiffs Motion for Release of Funds, has
been served by U.S. Mail, Postage Pre-Paid, on of u ?s U _, 20 / Z upon the
following:
SIRLIN GALLOGLY & LESSER, P.C.
123 SOUTH BROAD STREET, SUITE 2100
PHILADELPHIA, PA 19109
and
CHARLES TODD
803 W KELLER ST
MECHANICSBURG,PA 17055
By:
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: James C Warmbrodt, Esquire
I.D. No.42524
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 7303924
ONO TA R
cumI L A COUNTY
SYi.NIA
DISCOVER BANK
vs.
CHARLES TODD
and
WACHOVIA BANK
Garnishee(s)
Cumberland County
Court of Common Pleas Mrn
?;;0
cn r-
NO. 09-2446 CIVIL TERM n?
=p
3> ?
M' -,
C) -?
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly marked the above matter discontinued and ended as to Garnishee(s), WACHOVIA
BANK, only.
WELTMAN, WEINBERG & REIS CO., L.P,A.
By
Jam Warmbrodt, Esquire
Att me for Plaintiff
I hereby certify that the foregoing is a true and correct statem nt of e above case.
This statement is made subject to the penalties of 18 Pa.C.S 490 relating to unsworn falsifications to authorities.
15LI.} '* 9, 5a addu
C? t? 103-1 I ?P S
(Z R--71,?
ao
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s)
I.D. No.86469
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 7303924
52
DISCOVER BANK rn
a
r'
Plaintiff
rrl F
-0 rr
CUMBERLAND County cP
Court of Common Pleas ? X
V.S.
NO. 09-2446 CIVIL TERM?
CHARLES TODD - c?
Defendant(s)
PRAECIPE FOR SATISFACTION OF JUDGMENT
TO THE PROTHONOTARY:
Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the
Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Sworn to and subscribed
Before me thv?lD day of,'-e- 2012
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
F
NOTARY PUBL? ?MONWEl?j?1 P V W
Nota? ?l so
Sheila G. WIN Notary Pubk
Twa., Al109h W CoUnW
My commist ". 15, 2014
MEMBER, PENNSYLVANM AS$pQAT[QN Of NoT
*q-50 P b A-My
??ID3$?SI
SIRLIN GALLOGLY & LESSER, P.C
By: Jon C. Sirlin, Esquire, I.D. No.: 17498
123 South Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
Attorney for Garnishee
DISCOVER BANK
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
vs.
CHARLES TODD
and
NO. 09-2446
WELLS FARGO BANKN.A., GARNISHEE : ATTORNEY I.D.#17498
BILL OF COSTS OF GARNISHEE, WELLS FARGO BANK, N.A.
Garnishee, Wells Fargo Bank, N.A., hereby bills the following costs to the fund attached
and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503:
Garnishee's fee pursuant to
42 Pa. C.S.A Section 2503: $335.00
Notary Charges: $ 0.00
Entry of Appearance: $ 0.00
Answers to Interrogatories: $ 0.00 -
Order to Discontinue or Satisfy:
$
0.00 '.TCD
, m..
Other: $ 0.00
z--
50
F\)
j
OVAL: 335.00
r
, -
CO
JO C. SI IN - c.3
c:;-)
Attbrnev for Garnishee
Costs are hereby taxed in the amount of $ this ay of 92012.
-i t' -1 -1) n/?
PROTH?IV?OT
BY: