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HomeMy WebLinkAbout09-2892 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintif f No : (A - o18Qa ai'j; vs. COMPLAINT IN CIVIL ACTION JAMESON E CHRISTOPHER 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 07367459 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JAMESON E CHRISTOPHER 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 N 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: JAMESON E CHRISTOPHER 430 S PITT ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX2681 . 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 April 20, 2009 , in the amount of $10977.35 . 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 I 1 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 , JAMESON E CHRISTOPHER INDIVIDUALLY , in the amount of $10977.35 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. James C Wa ro t,42524 WEL , WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitts r h, PA 15219 (412) 4 4-7955 FAX: 4 2-338-7130 0736 59 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. IgJ?J"l. V K $0.00 i $2,116.00 CA R%D Payment Due Date June 29, 2007 31 S D, ; i N01 0002214 r-JAME_,CN CHRISTOPHER hw:,r'E3. 430 PITT ST CARL::SLI: PA 17013-3818 F,ddrsss, e•mcil ar telephone changes: Print change in space abovo, or go io Discover.com. Print your e-mail address to rf>ceiN a imporior t Account information and special offers. Enter Amount Enclosed Below $?-? Will your payment get to us on timesf Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 111111lln111111rtoll 111111 CAROL STREAM IL 60197-6103 Irill 11111ill 1111Ill Iill lilii11111ii11rr11111111rrrn111111111 00001119,56458081496404000000000000000211600 Discover More Card Account Summary Closing Date: Account number snding in 2681 F'cyment Due Date June 29, 2007 MinimimPayrcentDue $2,116.00 Credit Limit $10,000,00 Credit Available $0.00 Crash Credit Limit $2,500.00 Cosh Credit Av3i able $0.00 May 31, 2007 page 1 of 1 Previous Balance $10 977 35 Payments And Credits , . Purchases 10,977.35 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance + 000 a $0.00 Cashback: Bonuse O i pen ng Cashback Bonus Balance $ 0.00 New Cashbock Bonus Earned + O (X) Cashback Bonwe Anniversary Cashback Bonus Balance S 0.00 Available to Redeem Date: October 27 $ 0.00- - ?w' Can We Help You? 1. Visit Discover corn to pay your bill for no t It's your choice - 3 ways to help cos , view your latest Account information, *am and redeem rewards and more 2. Call 1-800-DISCOVER (347.2683) f f t or as , easy self-service Please have your Giu:over Card available. options or to speak with a Customer Service Account Manager For TDD (assistonco h)r hearing impaired) see reverse side 3' Write us of Discover Card, PO Box 30943 , Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date Payments and Creclih. May 31 May 31 INTERNAL CHARGE-OFF $ -10,977.35 Finance Charge Summary Average Daily Daily Periodic Nominal ANNUAL RA MA ANNUAL A Periodic Transaction Fee Balances current billing period: A' da Rates R ATES RA ES _KANCE . ys _ Purchases $0 Cash Advances $0 0.07463% 27.24% V 27.24% $0 The rates that apply to your Acc t h 0.07463% 27.24% V 27.24% none oun are eit er fixed (F) or the y 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. Bee Yaw Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account W Lost or stolen cards. Report immediately! Call 1-600-547-2883. 0Z' Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a o ° transaction on your brou write a us on than e0 ra after of paper ape at Discover MoresM; PO Box 30421, Salt Lake City, UT 84130.0421, as soon as possible. We must hear Trom ys sent you the first bill on which the error or roblem a doing so will not preserve your rights. In your letter, give us the following information: P Ppeared. You can telephone us, but o :Your name and Account number. :The dollar amount of the suspected error. :Describe the error and explain, if you can, why you believe there is an error. It you need more information, describe the item you are unsure X about You do 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. S" Rule for Credit Card Purelnases: If uphave a problem with the quality of goods or services that you purchased with a credit card, and s?en(Iees Youd aave?thdIS pro a cif on only when ttiebpurohas price wars hmore than S50 and the ?y me remaining amount due on the goods or mile s of your mailing address. (If we own or operate the merchant or if we mailed you the advertisement for the goods orrmrvices?eil purchases a?e covered regardless of the amount or loca tion o f purchase.) Payments. only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described indicated above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution 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 pppaaa enL and you will not receive your check back from The processing of your payment may be delayed Ym your financial institution. any other. address or if t 11 you send case, tided correspondence ymes other items with your payymmeent if you send the payment to weekend or bank holidaywill be an envelope o her -than the. one (nvided- -Payments received. on or_af r 1. PM_Monday..through Friday. nr.on a posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 6 03, Carol Stream, IL 60197-6103. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the rigght to resubmit it as an electronic debit VCU can pa ypur minimum payment or a greater amount over the telephone, and you can set up automatic yme 1-000-347. You will need t>tis statement and yyour bank account information. You must ensure that sufficientfunds are avaallablen in Call us at account and 8 ll transactions must comply with U.S. law. You will DC asked t0 ovitle the first 5 digits of your bank account and all numbers as your electronic signature, ypu will be agreeing to ths`auMorization to allow us and (au (C bank lold?odeuat each entering thou from your Dank account and t0 infllate tlEDil of Credit Otte s to Yo payment you authorize payment You must tell us the amount of each or you payment r an account as applicable to correct an error in to processin of such each statement You can cancel a payment, however we mud reeelve?notce at b3ast uiree business business days Payment Due or the New BeWnce on may notify us by phone at 1-800-347-2683 or by mail at address listed in th e evious g?rr ys in advance of the scheduled payment You you Cn each monthly statement when your payment will be made and how much it wiltbea?YOUr?Automalioents may vary in amount we will tell Indicated on the monthly statement based on credits or payments applied during the billing cycle. Payment amount may be less than relit R m rene mays report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your month. K may your credit report We normally report the status and pa nt history of r Account tC credit reporting a0pencies each you believe that our report is inaccurate or incomplete, please write us at the following address: Discover More$ Card, PI7 Box 15316, Wilmington DE 19850.5316. 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 yyoou pay your entire New iuus making payments or recendng credits. However, we will provide the followin "race period." g you paid the Flew Balance on ur p(ev g state t by the Payment Due Date shown on that statemen and u yy g the Payment Due Date on this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchhasesafirstt appearn gaonethis race g temperiod onebalance?transfers or cash aildvac statement next month Mat includes Periodic Finance Charges on thou new purchases.There is no We sort your transactions into ggroups of purchases, cash advances, and balance transfers and Men further sort the transactions within each group by their Annual Percentage Rate. ?FCr example purchases sub ect to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction Categories. the end Cf each billing period we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category We use the following equation to compute Periodic Finance Charges for each transaction cagory te Aversge Daily Balance x number of days in the billing period x Daily Periodic Rate. (See the finance charge summa on the, amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic Finance Chargese forrnyour Account The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the valance in a transaction category. We use the two-cycle average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means if 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 billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement We compute the Averagge Daily Balance for each transaction category by adding up all the dairy balances in a billing period for a transaction categgory and dividing the total t 6 the number of days in the billing cycle. 1Ne compute the daily balance for each transaction category on each day byfirst adding the Tollowing to he previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's Gaily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calcula -ng the daily balance for the previous billing period. we consider the "previous day's daily balance" to have been zero on the first day of the billing period. If a transaction is posted to your /account after the close of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of hf a billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the ap placable balance transfer transaction cale??ry. When the special rate expires we move rise unpaid balance of the balance transfer term inated under tthe Default Rate Planeweilea eet eaunp ad baalance ofrthe balance trransferioandattheCBalancewTransfertTranuCtion Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TDD (Telecommunications Device for the Beef) assistance, piease call 1-800-347-7448. The r)IsrnvPrdb MeresM rarrl it ig--i by nienn- n-L- 1A.-hn. Chin VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Jennifer Noble (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. (Si e WWR# 7367459 Jameson E. Christopher '6011002910352681 RLEG-OFFICE OF Ty~ E'R ?O I-IO`OTAPY 2009 MA i,' -B Phi 0 4 2 I- Iju" $ Z8.so Po ATrt CL* 4011 footy Sheriffs Office of Cumberland County R Thomas Kline tp of cuptbrry?? Edward L Schorpp Sheri 0 Solicitor Ronny R Anderson Jody S Smith Chief Deputy QF# ICE C F TIE S+<RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/19/2009 04:45 TM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 19, 2009 a 1645 hours, he served a true copy of the within Complaint and Notice, upon the within named defend nt, to wit: Jameson E. Christopher, by making known unto himself personally, defendant at 821 Facto Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32.50 May 20, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF ele- bepSheriff 2009-2892 Discover E v Jameson Christopher n cJ. cn ?m r 'C" C-n SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4urtttr dt ?:upabrr??? OFF -1r; OF 'HE SHERIFF FILED-OFF IG I THE PR0THOI?00 TA Rf 2011 MAY 31 AM 9* (12 CU PENNSY .VCOUNT`( A Discover Bank vs. Jameson E. Christopher SHERIFF'S RETURN OF SERVICE Case Number 2009-2892 05/19/2011 09:50 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on May 19, 2011 at 0947 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jameson E. Christopher, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Sheri Guttshall, 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 her. 05/19/2011 10:24 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on May 19, 2011 at 1022 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jameson E. Christopher, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle, Cumberland County, Pennsylvania 17013 by handing to Jessica Webb, Teller 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. 05/23/2011 02:49 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2011 at 1436 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jameson E. Christopher, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank NC at 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Danielle Horn, 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. The writ of execution and notice to defendant was mailed on May 25, 2011 to Jameson E. Christopher at 821 Factory Street, Carlisle, PA 17013. SO ANSWERS, May 25, 2011 Ronald Hoover, Deputy RON R ANDERSON, SHERIFF Ro ert ?tner, Deputy Cj CountySuite Shenft. Teleosoft. Inc. 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. JAMESON E. CHRISTOPHER and r PR n' 8! JUIN 10 AM 10: CUMBERLAND coi, aENNSYLVAfj-It COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 09-2892 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 Jameson Christopher with a zero balance, and an account titled Jameson Christopher with a zero balance. These accounts have been restricted pursuant to this writ. 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 Jameson Christopher contained the sum of $4.23, and an account titled Jameson Christopher contained the sum of $6.43 which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Cod" Pa.C.S. Section 8123. ?fJ SIKLIN Dated: Attornor Garnishee s Lea _y. e5 SAS ?y't L _ ..t= :? .t ? ?..f_f't•C??l'?Q ? _ r.... .zrt [ft?Tr ?.sG`• ; j?.€? . 57`ewI?? _ n?D f~? ltd=?'`?---= '' c? ? ? •r_?-*r } ??Z t?'_f? F ' f €`.`t is p {? fLi L f •?' Per WELT AN, WEINBERG & REIS CO., L.P.A. BY: Ja es C Warmbrodt, Esquire I.D. No. 2524 436 Seventh Avenue, Suite 1400 Pittsburg , PA 15219 Phone:4 2.434.7955 Fax: 412 434.7959 File # 7367459 DISCOVER BANK s. .LAMES N E CHRISTOPHER Attorney for Plaintiff(s) Cumberland County Court of Common Pleas NO. 09-2892 CIVIL TERM WELLS fARGO BANK PNC BANK AND CITIZENS BANK shee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: C= c 3 rn c3:1 c-- S -?-; Fri zW rte- -n 20 o« Kindl? marked the above matter discontinued and ended as to Garnishee(s), WELLS FARGO BANK P BANK AND CITIZENS BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to nd subscribed Before m th07 day of June, 2011 ARY PUBLIC Notarial Sea] Sheila G. Bevan, Notary Public Ross Twp., Allegheny County My Commission Wires Nov. 15, 2014 Jams Warmbrodt, Esquire Att rnv for Plaintiff Atw' ?'w r a a � 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 09-2892 CIVIL TERM VS. PRAECIPE FOR WRIT OF EXECUTION JAMESON E CHRISTOPHER (BANK ATTACHMENT ONLY) Defendant(s) M&T BANK -WELLS FARGO BANK Garnishee(s) 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 Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR No. 7367459 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 09-2892 CIVIL TERM JAMESON E CHRISTOPHER= 8a1 Fae�ry �• Defendant(s) LAC isle PA 1-7013 M&T BANK- 1 W is _ le PA 17013 —s WELLS FARGO BANK-1,04 F- =M w Garnishee(s) St, I isle,Pq 17013 =� -< -am PRAECIPE FOR WRIT OF EXECUTION -Q-f cD TO THE PROTHONOTARY: "C° q) Kindly issue a Writ of Execution in the above matter... I• directed to the Sheriff of CUMBERLAND County: 2. against JAMESON E CHRISTOPHER ,Defendant 3. against M&T BANK, WELLS FARGO BANK, , Garnishee 4. Judgment Amount $ $12,477.35 Less Payments/credits received Interest $ $0.00 Costs $ $2,815.37 SUBTOTAL: $ $15,292.72 Costs(to be added by Prothonotary): S $ 401?q�.00 Pb AT71 WELTMAN, WEINBERG&REIS CO.,L.P.A. 19q. g 0 18,So By: (�/ - 14.oo William T.Molczan,Esquire 03q•5 " PA I.D. #47437 8.00 WELTMAN, WEINBERG&REIS CO.,L.P.A. 3t' PQ AT y 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 ' 50 LL WWR No. 7367459 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2892 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff(s) From JAMESON E.CHRISTOPHER,821 Factory St,Carlisle,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: M&T BANK, I W High Street,Carlisle,PA 17013 WELLS FARGO BANK,604 E 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, (2) 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$12,477.35 Plaintiff Paid$ Interest -- $2,815.37 Attorney's Comm. % Law Library$.50 Attorney Paid$386.36 Due Prothonotary$2.25 Other Costs S Date: 513/13 .� ! David D. Buell, Prothonotary (Sea!) Deputy REQUESTING PARTY: Name : WILLIAM T.MOLCZAN,ESQUIRE Address: WELTMAN,WEINBERG& REIS CO.,LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No.47437 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.09-2892 CIVIL TERM JAMESON E CHRISTOPHER Defendant(s) MM M M C= M&T BANK -<:r> Ln C) WELLS FARGO BANK L-3 =--rj C:)-TJ Garnishee(s) :;r-� =C) C) TO: M&T BANK, I WEST HIGH ST,CARLISLE,PA 17013 WELLS FARGO BANK,604 E HIGH ST,CARLISLE,PA 17013 RE: JAMESON E CHRISTOPHER, 821 FACTORY ST,CARLISLE,PA 17013 Suggested Reference No.: XY.X-Y.X-1729 XY-X-XX- .)M5W-0 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.7367459 i 01 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendanht47Ai]Br were you liable to him on any negotiable or other written instrument,or did he claim that you owed him any l _ or were liable to him for any reason(including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him;and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 0) 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? OLD 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? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law?If so,Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account,and the entity, electronically depositing those funds on a recurring basis. W WR No.7367459 8. If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit,no clad' y otherwise exempt funds,did not exceed the amount of the general monetary exemption under C$ 237 If so, identify each account.N/ tC� ©gyp 9. If the answer to Interrogatory I is in the affirmative,state the date the sheriff served these interrogatories on this institution. �n) 10. If the answer to Interrogatory 1 is in the affirmative,state the date the written instrument,checking or savings account,certificate of deposit,or other funds were frozen,restricted,or otherwise put on hold by this institution. FA A- 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? Cl� C�-- 12. If the response to Interrogatory 1 I is in the affirmative,state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG&REIS CO., L.P.A. By: 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 No. 7367459 VERIFICATION The undersigned does hereby verify subject to the penalties 118 PA. C.S. 4904 relating Mehssa M. Peters to unswom falsifications to authorities,that he/she is ICI&T Bank (Name) of garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, i rmation and belief. r (SIGNATURE) WWR No. 7367459 WELTMAN,WEINBERG & REIS CO.,L.P.A. BY: William T Molczan,Esquire Attorney for Plaintiff(s) I.D.No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 ` .r Fax: 412.434.7959 Z:m c r"I File# 7367459 xr r 7u D CD <CD � DISCOVER BANK 4 Cumberland County Court of Common Pleas ' C vs. JAMESON E CHRISTOPHER NO. 09-2892 CIVIL TERM and WELLS FARGO BANK AND M&T BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), WELLS FARGO BANK AND M&T BANK, only. WELTMAN, WEINBERG& REIS CO., L.P.A. William T Molczan squire Attorney for Plaintiff �q.so Pp MT-( &I 1 1501,341 :#' 9 �y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r Sheriff Jody S Smith Chief Deputy ;. [J Q r PH 2: 4C Richard W Stewart Solicitor PENNSYLVANIA '1` Discover Bank vs. Case Number Jameson E. Christopher 2009-2892 SHERIFF'S RETURN OF SERVICE 05/16/2013 12:17 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M &T Bank, 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, 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. 05/17/2013 10:49 AM-William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Paul Fenton, 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. The writ of execution and notice to defendant was mailed on May 20, 2013 to Jameson E. Christopher at 821 Factory Street, Carlisle, PA 17013. 12/03/2013 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: $145.62 SO ANSWERS, December 03, 2013 RONN R ANDERSON, SHERIFF � • asPd. Co. SO u a't �V/a e 4903-f"