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HomeMy WebLinkAbout09-45081742 IN THE COURT OF COMMON PLEAS OF CUMBERLAND AMERICAN EXPRESS CENTURION BANK 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 Defendant (s) Civil Complaint Filed on behalf of: COUNTY, PENNSYLVANIA N0. 04 - H508 CW6L ?erju CIVIL ACTION - LAW Plaintiff, AMERICAN EXPRESS CENTURION BANK Counsel of record for this party. Date: Ala f illzil ? /-'//. David R. alloway #87326 C. arholic Sarah E. Ehasz #86469 o er N. 'o as, =77M Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 Counsel for Plaintiff 59 Cover - General PACVR/PACVR FILE # 188269175 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK NO. 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. CIVIL ACTION - LAW MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 Defendant (s) 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 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 or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. 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. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 CVRNOT/PACP7 FILE # 188269175 I f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK NO. 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. CIVIL ACTION - LAW MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 Defendant (s) NOTICIA Le han demandado a used en la corte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propledades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 CVRNOS/PACP7 FILE # 188269175 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK N0. 6?- y5d 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. CIVIL ACTION - LAW MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 Defendant (s) COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Mann Bracken LLP, and files this Complaint and in support avers as follows: 1. Plaintiff, AMERICAN EXPRESS CENTURION BANK located at, 200 VESEY ST NEW YORK NY 10285 2. Defendants, MATTHEW CALLEN is/are adult individual(s) with last known address(es) of 517 FRANCIS DR MECHANICSBURG PA 17050 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. 4. At all relevant times material hereto, Defendant(s) has/have used said charge card for the purchase of products, goods, and/or for obtaining services. 5. Defendant(s) was/were provided with monthly statements showing all debits and credits for transactions on the Account to which there was no bona fide objection by Defendant(s). A Statement of Account summarizing the Account is attached hereto as Exhibit "A". PAC1M1/PACP7 FILE # 188269175 1 6. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant(s) and/or any authorized users in the sum of $ 26329.38. 7. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 8. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 9. The amount in controversy exceeds the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $ 26329.38, plus costs of this action, and any other relief as this Court deems just and reasonable. Respectfully.Submitted David R. Galloway 87326/ i C. Warholic Sarah E. Ehasz ?86469/Ro ert N. Polas, Jr. j/201259 Amy F. Doyle #87062 MANN BRACKEN LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 866-253-0128 PAC1M2/PACP7 FILE # 188269175 2 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff who is located outside of this jurisdicition and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. David R. Galloway J/873 i ip Warholic 41 Sarah E. Ehasz 1864 9 as, r. 1259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PAVERF/PACP7 FILE # 188269175 EXHIBIT "A" FMIA (10/79/08) . .. L File Number 188269175 Media Number 09153041340 Account Number ***********1007 PROVIDER AMERICAN EXPRESS CLIENT NO 002027 AMERICAN EXPRESS ACCT#***********1007 CUR SAL ------ $26,329.38 LST PAY DATE - CHO OFF DATE - 11/11/08 CHO OFF AMT - $2,632,938.00 INT RATE ---- 0000 LAST INT DATE - CHO OFF RSN -- 05 ACCT STATUS -- 4L3 ****** PRIMARY DEBTOR ***?* LAST NAME -- CALLEN FIRST NAME - MATTHEW DOB -------- ******** AMEX CUSTOMER ID - 0228362050 14USD I" - HOME INFORMATION .. .. .. .. .. WORK INFORMATION .. . . HOME PHONE#-(717)730-7876 WORK PHONE#-(717)561-8402 HOME ADDR1 - 517 FRANCIS DR EMPLOYER ---- UNEMPLOYED ADDR2 EMP ADDR 6535 GRAYSON RD HARRISBURG CITY/ST MECHANICSBURG PA 170502469 COUNTY ----- USA RECORD-TYPE-A SEQ NO------00 COST TYPE---I LOAN TYPE---OP LENDING OFC--01AMUS HOST ID-- RECOVERER CODE--37A2 CHO OFF RSN--05 ACCT STATUS--4L3 SOURCE ID---- A RECEIPT DATE-09/02/08 CONTRACTDATE- ASSOC COST---$.00 ACC INTREST--$.00 DEALER CODE-- CUR SAL------$26,329.38 COMMENT DATE- LST COMMENT-- 0 OF THE F,7.) 2C0? JUL - 7 A t,79. 5o Po AT r%( co 31341(0 Sheriff s Office of Cumberland County R Thomas Kline } I[ Sheriff itiip 41{ ?etNbrrf :r T iV - r? . , Ronny R Anderson a ? ??? ?t tl ? r 2009 J!!! 3 ' Chief Deputy = ' 1q o S a 1 AN i q ? p !' Jody S Smith ' Civil Process Sergeant OFFICE P ?r G SHERIF Edward L Schorpp Solicitor American Express Centurion Bank Case Number vs. Matthew Callen 2009-4508 SHERIFF'S RETURN OF SERVICE 07/09/2009 12:44 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2009 at 1244 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew Callen, by making known unto Christine Callen, wife of defendant at 517 Francis Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 09, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF eputy Sheriff 263 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK NO. 09-4508 200 VESEY ST CIVIL ACTION - LAW NEW YORK NY 10285 Plaintiff VS. MATTHEW CALLEN Defendant (s) Please enter Judgment in favor of Plaintiff and against Defendant(s), MATTHEW CALLEN and , for failure to answer the Complaint. ( X ) Amount due TOTAL ( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. PRAECIPE FOR JUDGMENT $ 26329.38 $ 26329.38 , plus interest and costs ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is ott.Zched. DATE: O two 5 'V/ Signature: David R. Galloway #8732-6 *ilip C. Warholic #86341 Sarah E. Eh "az #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 NOW, , 2009, JUDGMENT IS TERED AS AB E. Pro onotary ivil Division By: Deputy PRAECJ/PACPDJ FILE # 188269175 RlGIONAL OFFICES TEMPE. AZ AGOURA HILLS. CA CONCORD, CA GREENWOOD VILLAGE. CO WILMINGTON. DE BOCA RATON. FL ATLANTA GA ROCKVILLE. MD NOVI. MI CHAMPLIN. MN HUNTERSVILLE. NC CARSON CITY. NV ROCHESTER. NY 188269175 MATTHEW CALLEN LAW OFFICES MANN BRACKEN LLP Attorneys in the Practice of Debt Collection (A National Collection Attorney Network Firm) 4880 TRINDLE ROAD SUITE 300 CAMP HILL. PA 17011 (TOLL FREE) 1.886-375-1728 FACSIMILE (866) 281.9028 REGIONAL OFFICES INDEPENDENCE. ON PORTLAND. OR CAMP HILL. PA PITTSBURGH. PA CLINTON.TN NASHVILLE. TN HOUSTON, TX IRVING. TX SAN ANTONIO. TX FAIRFAX VA RICHMOND. VA VIRGINIA BEACH. VA PLEASE DIRECT CORRESPONDENCE TO CAMP HILL OFFICE 0801/09 517 FRANCIS DR MECHANICSBURG PA 17050 Re: AMERICAN EXPRESS vs. MATTHEW CALLEN Docket No. 09-4508 Dear MATTHEW CALLEN Hours of operation: 8 am. 9 p.m. EST M-F FFile No. 188269175 Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Enclosure CC: MATTHEW CALLEN David R: Ga oway #87326 flip C. Warholic #86341 Sarah /Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP I Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. NOT 10D/PANOTC 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK NO. 09-4508 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. MATTHEW CALLEN Defendant (s) TO: MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 HATE OF NOTICE: 08/tgt09 IMPORTANT NOTICE 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. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 By p C. Warholic {86341 David Ga ow?#87062 69JRobert NPoles, Jr. x/201259 Amy F. Doyle Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 1MPNOT/PANOTC FILE # 188269175 275 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. MATTHEW CALLEN Defendant (s) No. 09-4508 CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise residence of Plaintiff is: AMERICAN EXPRESS CENTURION BANK 200 VESEY ST NEW YORK NY 10285 and certify that the last known address of the within Defendant(s) is: MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 David R. Ga lowa 87 Philip C. Warholic #86341 Sarah E. Eh z #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PCRES/PACPDJ FILE # 188269175 ?jr 2QG9 C?k !`i??tiJ ?. VCU 1 ? [ Pp A 00 ?,?-? 3?51Q5 '-a 50 .fee ?,J,a;it?d No 267 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK NO. 09-4508 Plaintiff VS. CIVIL ACTION - LAW MATTHEW CALLEN Defendant(s) NOTICE OF JUDGMENT ( x ) Notice is hereby given that a Judgment in the above-captioned matter has beet entered against you in the amount of $ 26329.38, plus interest, on 2009. ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. By: If you have any questions regarding this Notice, please contact the filing party. r----? David R. GaN?Zay #87326hPhilip C. Warholic #86341 Sarah E. Ehasz #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 STNTCI/PACPDJ FILE # 188269175 491 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 TO 3149 AMERICAN EXPRESS CENTURION BANK Plaintiff VS. MATTHEW CALLEN Defandant (s ) : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 09-4508 PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Please issue the writ of Execution in the above-captioned matter, in the amount of $ 26329.38. (1) Directed to the sheriff of CUMBERLAND (2) against, MATTHEW CALLEN 517 FRANCIS DR MECHANICSBURG PA 17050 Defandant(s); (3) and against MEMBERS FIRST FCU located at 1000 BRYN MAWR RD (4) And index this writ (A) against MATTHEW CALLEN Defandant(s) and (B) against, MEMBERS FIRST FCU as a lis pendens against the real property of the Defandant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) ***GARNISH ONLY*** CARLISLE PA 17013-1588 County, Pennsylvania; Garnishee(s); ,Garnishee(s), You are directed to attach the property of the Defendant(s) not levied upon in the possession of MEMBERS FIRST FCU , Garnishee(s) All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount Due: $ 26329.38 Interest From: 08/20/2009 To Be Determined At an interest rate of 6% per year Total: $ 26329.38 Plus costs & interest David R. Galloway 7326/Philip C. Warholic #86341 Sarah E. Ehasz 86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PABGAR/PABANK FILE # 188269175 i ILEID--1 „?- OF THE Fw', `3OTARY 2009 OCT 14 PH 12.3:3 Gt?Pd 4 v 'Y $a 4. so 311-00 78 .so 14. oo a.? I%.so P D ,A7ry CBF N - ?D ATN -U.oo bue .So LL Ck4 4406015 M* a3a i U3 t. ;+ op & 41&ud WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4508 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN EXPRESS CENTURION BANK, Plaintiff (s) From MATTHEW CALLEN, 517 Francis Dr, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FCU, 1000 Bryn Mawr Rd, Carlisle, PA 17013-1588 All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. 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 $26,329.38 L.L. $.50 Interest from 8/20/09 at an interest rate of 6% per year -- To be Determined Atty's Comm % Atty Paid $156.50 Plaintiff Paid Date: 10/14/09 Due Prothy $2.00 Other Costs Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name AMY DOYLE, ESQUIRE Address: MANN BRACKEN LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-9051 Supreme Court ID No. 87062 493 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK Plaintiff VS MATTHEW CALLEN No. 09-4508 RECEIVED CIVIL ACTION - LAW ou 2 0 2009 Defendant (s)A?/V??J . INTERROGATORIES TO GARNISHEE TO: MEMBERS FIRST FCU 1000 BRYN MAWR RD CARLISLE PA 17013-1588 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS 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. The term "Defendant(s)" means the individual(s) or entity against whom the Writ Execution was issued. C. "You" means the main office and all branch offices, representatives, employees and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. PABINT/PABANK FILE # 188269175 497 INTERROGATORIES TO GARNISHEE DEFENDANT(S) - MATTHEW CALLEN 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains an of these jointly with any other person, or persons, give their name and address. 4 aftA4? 1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. / a&--d/V ,?tL 2. 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 being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 3. 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 on deposit, not including any otherwise exempt funds, did not exceed the amount of general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. nO 4. TRANSFER OF PROPERTY: 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 the defendant's direction or otherwise discharge any claim of the defendant(s) against you? /?V 5. SAFE DEPOSIT BOX: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. f7 0 PABIN2/PABANR FILE # 188269175 501 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not the Defendant(s) own any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when encumbrances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset(s). I) D 8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). no 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. ,LL a&u" David R. Galdowa M7326/Philip C. Warholic #86341 Sarah E. Ehasz #86469/Robert N. Polas, Jr. J/201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PABIN3/PABANK FILE # 188269175 October 20, 2009 f*V1' St MEMBERS 1st FEDERAL CREDIT UNION Name: Matthew J. Callen Address: 517 Francis Drive Mechanicsburg, PA 17050 Account Number: XXX907 Name on Account: Savings: Christine R. Callen Matthew J. Callen (Joint) $1,417.58 25.00 Processing Fee $1,392.58 Checking: Account Number: XXX484 Name on Account: Savings: Account Number: XXX514 Name on Account: Savings: Payroll Kmart Corporation $2,429.24 $ 880.07 Catherine C. Callen Matthew J. Callen (Joint) $ 25.95 Matthew John Callen Christine R. Callen (Joint) Matthew J. Callen (Joint) $ 20.76 $300.00 Statutory Exemption was not taken out. Tania S Young . Deposit Operations alyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org 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 Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. S (5IGNA ) Fl LED-0, F-F, E 2009 OCT 21 Fib 3: 34 Sheriffs Office of Cumberland County R Thomas Kline (( r Sheriff T?? Ronny R Anderson tai OCT 26 AM 10= 3S Chief Deputy' 4 t Jody S Smith , uWk Civil Process Sergeant Edward L Schorpp Solicitor American Express Centurion Bank Case Number vs. 2009-4508 Matthew Callen SHERIFF'S RETURN OF SERVICE 10/20/2009 09:39 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Matthew Callen, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Marisol Barber, 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. The writ of execution and notice to defendant was mailed on October 22, 2009 to Matthew Callen, at 517 Francis Drive, Mechanicsburg, PA 17050. So Ans?wJ'ers, R.<mas Kline, Sheriff B Deputy Sheri f { ~-'J ' ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FI~Er~ ,l 1F Jody S Smlth ~~,~ntr Q~ ~u~nGp~~~~ ;~~ ~~ ~~'~' ' ;-;hf~~f~`Y Chief Deputy '~ ~'~~ k Richard W Stewart Solicitor ~a~r:,~~ aF T~s Y..Ga«:` CU~~' . ~,, ~~ r..; ;:., ta;J~iNiY PcrJi v~';~'~!J~"F!fA American Express Centurion Bank Case Number vs. Matthew Callen 2009-4508 SHERIFF'S RETURN OF SERVICE 10/20/2009 09:39 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Matthew Callen, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Marisol Barber, 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. The writ of execution and notice to defendant was mailed on October 22, 2009 to Matthew Callen, at 517 Francis Drive, Mechanicsburg, PA 17050. 06/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.03 SO ANSWERS, June 29, 2010 RON R ANDERSON, SHERIFF _ B ron R. Lantz a.oo~~ C®, SZ~ !~ Fd ~ ~ 710 ~~ oZy ~SG.3 (c} GountySuite Sheriff. Teleosoft. Inc.