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Home My WebLink About09-6639IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintif f No : - (D(o3cr ?tV? -TerrA vs. COMPLAINT IN CIVIL ACTION CERINA LYN ROOK STEVEN BRADY ROOK Defendants 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 07648714 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No CERINA LYN ROOK STEVEN BRADY ROOK Defendants COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following ages, 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, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendants are adult individual(s) residing at the address listed below: CERINA LYN ROOK 1633 MOUNTAIN RD NEWBURG, PA 17240 STEVEN BRADY ROOK 1633 MOUNTAIN RD NEWBURG, PA 17240 3. Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX6684 . 4. Defendants made use of said credit card and has a current balance due of $9108.64 , as of July 09, 2009 5. Defendants are in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 29.990% per annum on the unpaid balance from July 09, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit I'll, and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendants will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendants , CERINA LYN ROOK AND STEVEN BRADY ROOK jointly and severally , in the amount of $9108.64 with interest at the rate of 29.990. per annum from July 09, 2009 plus attorneys' fees of $125.00 , and costs. James C;. road, 4ZbZ4 WELTMAN, E NBERG & REIS CO., L.P.A. 436 Sev t Avenue, Suite 1400 Pittsb g , PA 15219 (412) 34 7955 FAX: 2 338-7130 07648 C A Pit SJS This law firm is a debt collector attempf/ng to collect this debt for our client and any information obtained ill be used for that purpose. WT%0Nr,_ T 1.IX Jy,1Ue.44 $9,108.64 Enter Amount Enclosed Below CARD ----- - Payment Due Date $ [ -T- July 21, 2009 please make check payable to Discover Card. Minim um payment due includes a past due amount of $1,790.00. 22 SDSN6A01 0004457 CERINA ROOK STEVEN ROOK 1633 MOUNTAIN RD NEWBURG PA 17240-9123 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 =till online and your payment can be mode to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 111 .. 11rrnr1i CAROL STREAM IL 60197-6103 11IIIrllnnrII111111111 111111111 000001986458288953678091086400000000910864 Discover More Card Account Summary Closing Date: June 22, 2009 page 1 of 1 Account number ending in 6684 Previous Balance Payment Due Date Jul 21, 2009 Y Payments And Credits $9,108.64 Minimum Payment Due $9,108.64 Purchases _ 0 ? Credit Limit $7,300.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance + 0,00 _ $9,108.64 :Cashback Bonus® Opening Cashback Bonus Balance $ 000 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback BonusO Anniversary - Date: October 22 How Can We Helm You? 1 • Visit Discover.com to pay your bill for no cost, view your r 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 Cord available. options or to speak with a Customer Service Account Manager For TDD (assistance For hearing impaired) see reverse side 3' Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Agreement for details. tAIBIT 'Finance Charge Summary Average Dail Daily P i di Nominal ANNUAL PERC ANNUAL Periodic Transaction Fee y Balances er o c Rates ENTAGE RATES PERCENTAGE RATES FINANCE FINANCE current billing period: 22 days CHARGES CHARGES Purchases $0 Cash Advances $0 0.08216% 0 29.99% F 29.99% $0 $0 .08216% 29.99% F 29.99% $0 $0 The 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 your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account a Lost or stolen cards. Report immediately! Call 1-800-347-2683. Z rn Billing 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 bill, write us on a separate sheet of paper at Discover MoresM; PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible We must hear Trom 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 °o doing so will not preserve your rights. In your letter, give us the following information: N •Your name and Account number. OD •The dollar amount of the suspected error, lp •Describe 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 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 L" 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 Credit Card Purchases: If 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 pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 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 if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do 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 financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payyment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received on or after 1 Monday through Friday 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, IL 60197.6103 Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit V1 can pW your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800.347.2683 You will nei this statement and yyour bank account information You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiafe debit or credit entries to your bank account, as applicable, to correct an error in fhe processing of such payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Balance on each statement You can cancel a payment, however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-800-347-2683 or by mail at address listed in the previous Paraggraph. If your payments may vary, in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied 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 Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address. Discover MoresM Card, PO 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 you far your entire New Balance, by making payments or receiving credits. However, we will provide the following "grace period" If ou paid the New a ance 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 this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases lust appearing on this statement 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 Tor 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 groups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category g use the following equation to compute Periodic Finance Charges for each transaction category Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (See the finance charge summary on your 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 Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance Iri 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 Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by first adding the following to the previous day's daily balance: transactions made that dayy, fees charged that day and Periodic Finance Charges accrued on the previous day's aily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the daily balance for the previous billing period, we consider the " revious day's daily balance" to have been zero on the first day o 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 the 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 applicable balance transfer transaction category. When the special rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges o the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Valance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. The QISCnvPrd MnrA.SM rarrl is im-1 h,, nier-- Q-L- A/umhnr Cnir 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 Nicole Rose (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. (Signature) WWR# 7648714 Cerina L. Rook '6011002140196684 0 FILED--( OF THE P ,-'T* JTARY 2009OCT -6 AM 8: 46 $ rM .54 Pa ATr-j C& q949LP19 R_T*- a3,gg3 Sheriffs Office of Cumberland County R Thomas Kline F(LELJ ?`_., OF .? i 4 Sheriff „IV of Ciumyr OF THE C \ , 1 l +[RY Ronny R Anderson .1 I 2099 OCT 1J Chief Deputy Jody S Smith Civil Process Sergeant or s 7"E .. EIFr `Y Edward L Schorpp Solicitor Discover Bank Case Number vs. 2009-6639 Cerina Lyn Rook SHERIFF'S RETURN OF SERVICE 10/12/2009 07:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1940 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cerina Lyn Rook, by making known unto herself personally, at 1633 Mountain Road Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/12/2009 07:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1940 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven Brady Rook, by making known unto Cerina Lyn Rook, at 1633 Mountain Road Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $62.00 SO ANSWERS, ? ? 4&40 October 13, 2009 R THOMAS KLINE, SHERIFF By? Deputy Sheriff i EILEO-OFFICE OE THE RR(1THQNpTARY 2010 OCT 15 P!~ 2~ 57 CU PE~~ Y}LVAM A TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV"AN1A CIVIL DNISION DISCOVER BANK Plaintiff vs. CERINA LYN ROOK STEVEN BRADY ROOK Defendant F&M TRUST, Garnishee, No. 09-6639 CIVII, TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07648714 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-6639 CIVII. TERM CERINa. GYNROOK ~ 11.33 M°uniA.in STEVEN BRADY ROOK NL'~V~, PA 17a~1O Defendant nn'' F&M TRUST, f3 5hi{~nsbU-q Shoppin~ l.`tt', Sh~PP~nsbc~~ DA 17a5~ Garnishee J PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against CERINA LYN ROON and STEVEN BRADY ROOK, Defendant 3. against F&M TRUST, Garnishee 4. Judgment Amount $ 10,573.29 Interest Costs SUBTOTAL: ® Costs (to be added by Prothonotary): may. s'a ~~t ~ (,a. o o Cg~- '18.50 ,~ l~l. oo ~~ oZ.50 '~ 181.50 - PA 14Y7"I T e~ ~+Blsga~ ~ a.oo pue ~ ~50 ~L $ 462.32 11,035.61 WELTMAN, ERG & REIS CO., L.P.A. y~ Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 {412)434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-tib39 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From CERINA LYN ROOK and STEVEN BRADY ROOK, 1633 Mountain Road, Newburg, PA 17240 (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: F&M TRUST, 13 Shippensburg Shopping Center, Shippensburg, PA 17257 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 $10,573.29 Interest -- $462.32 L.L.$.50 Atty's Comm Atty Paid $ 181.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: ~O;I5!].0 ~~ Da .Buell, Pro onotary ,. _ - ' _ ,, 4 ` REQUEST1I~TG~ARTY: Naive M.4TTFIE'VY D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Deputy Telephone: 412-434-7955 Supreme Court ID No. 90963 s r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION DISCOVER BANK Plaintiff vs. CERINA LYN ROOK STEVEN BRADY ROOK Defendant Rio. 09-b639 CIVIL T£R~1 INTERROGATORIES IN ATTACHMENT F&M TRUST and F&M TRUST Garnishee FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. c;, ~ ~ - 1400 Koppers Building == ~ 436 Seventh Avenue c~ ~"°' ~ ~ Pittsburgh, PA 15219 ~ o ay ~ ~ ~: ~ (412) 434-7955 ~'--=~ .~ WWR#07648714 ~ c~z ~ ~~-~ ~ c~ ~-- 'x ~- Q -..,.~^- c GJ • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION DISCOVER BANK Plaintiff vs. . . CERINA LYN ROOK STEVEN BRADY ROOK Defendant and F&M TRUST Garnishee TO: F&M TRUST 13 Shippensburg Shopping Ctr Shippensburg, PA 17257 Civic ,action No.: ~y-bb39 C1V1L TERM Suggested Reference No.: XXX-XX-0492 Suggested Reference No.: XXX-XX-8395 RE: CERINA LYN ROOK STEVEN BRADY ROOK 1633 MOUNTAIN RD NEWBURG, PA 17240 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. INTERROGATORIES IN ATTACHMENT 1. At the time. you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (includin, funds on deposit for checking or savings accounts and certificates of deposit)? yeS, Ct~-NG1 G1NG~ S-t'L\l ~ 1200!- SI'1G'I1?~ 1'WD GI'1CC k j~1 ~ ~ICC~U ntS ot-1- F~ M T>zN S~" . f~ I S D, M lZ ~ R o D ~- i S ~1 C D- h p l~~ O N -f-h !2P P~ aGlG~i~'fU-~~I aCfdUhtS; Z ~t~c~-iN~ a~~ 1 Sa~liN~s. 1a. 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. cc>zi~~l o~n~ S+tv~N'S o+rcauYrl~S ~~~ f~o~,>~ -n -I-h~ r~v-~oUntS of 31g.3~1 anal (~.3y. Thr; ~ddi-h al~~~ 1 ~tC(o UV~tS M~. RaOk i 5 ~ S S ~ L f ~t{~ At the t me you were served or~at any~subseque t dune was there inl your possession, ~CU~stody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. N ~j, 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 inwhich defendant held or claimed any interest? Na• 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? N ~ , 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? No. No ~epusits were m~d~ -tv ~~y cF +he ~iv~ acCOv~v~1-s. The bal~-~r~eS St~teoi eve aS n ~ OG~t~Bbt~ ~5, 2ot 0 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 fmancial institution, atethe 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. N ~ , 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, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. ~ 8123? If so, identify each account. N p , 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. ~ C-rp b~ 2 I, 2 d l~ 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. Q~ -}'p b ~ 21 ~ 2 ~ ~ U I0'~ 2t~ aM 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? N ~ , 12. If the response to Interrogatory 11 is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. N ~ ~ WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07648714 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 IZ~ ~ -~ b ~ ~'~ H ~ ~ ~ 1 N ~ (Name) ~~Imi~iS~~i~~~ F~~-M~erS U~ai !'cSS 1 Std N~ of MLYGVI G1 !~ ~'S TY ~ S~ ~ ~ ~ ,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 ofhis/her knowledge, information and belief. r1~~~' y~ (SIGN TURF) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~ti5tt~* At ~rrur~~r~r~~ Jody S Smith ,: Chief Deputy ~ ,a -f 'i= Richard W Stewart Solicitor ~r~ ~cf: =" ' "E ~ N F F'~r Discover Bank Case Number vs. 2009-6639 Cerina Lyn Rook (et al.) SHERIFF'S RETURN OF SERVICE 10/21/2010 09:50 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2010 at 0950 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Cerina Lyn Rook and Steven Brady Rook, in the hands, possession, or control of the within named garnishee, F & M Trust, 14 N Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Donna McNaughton, Adult in Charge, 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, 2010 to Cerina Lyn Rook at 1633 Mountain Road, Newburg, PA 17240 and Steven Brady Rook at 1633 Mountain Road, Newburg, PA 17240. SO ANSWERS, ~Y+---~ f~• t~ October 22, 2010 RON AN SON, SHERIFF r Sh wn Ha son, Deputy 1Itl~f~dt~~~r'\~?~~C:~ ,w~ ®~ :h ~d z z .~~ ~ ~ ~~ r',~~.~.~s~~t-~~ ~;~~ ri'~.~ µi~l ~~E~.~o-a~~E.~ (ci Coun!ySu2a SheaYf, 'ieleosoft, bic_ WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I.D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7648714 c= rp -Ti oa _- r n Attorney for Plaintiff(s) C'nr- m c") - ca , r) ? ? -n - ;2: : 5 c_ ° DISCOVER BANK vs. CERINA LYN ROOK STEVEN BRADY ROOK and F&M TRUST Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 09-6639 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), F&M TRUST, only. By WELTMAN, WEINBERG & REIS CO., L.P.A. Matthew D. Urban, Esquire Attorney for Plaintiff DECEMBER, 2010 wa?yr" A. k ft l,t01 th 1ST 331 Sworn to and subscribed • _ ? '14 . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sherif' FILED-OFFICE Jody S Smith a,,,,t+? °t ?nbcr?,r o OF THE PROTHONO TART Chief Deputy 2011 MAY 27 AM 9: 31 eat r°+ Y .1.. , Richard W Stewart Solicitor QFF;C=EOF THE S-ERIFF CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Case Number Cerina Lyn Rook (et al.) 2009-6639 SHERIFF'S RETURN OF SERVICE 10/21/2010 09:50 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2010 at 0950 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Cerina Lyn Rook and Steven Brady Rook, in the hands, possession, or control of the within named garnishee, F & M Trust, 14 N Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Donna McNaughton, Adult in Charge, 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, 2010 to Cerina Lyn Rook at 1633 Mountain Road, Newburg, PA 17240 and Steven Brady Rook at 1633 Mountain Road, Newburg, PA 17240. 05/26/2011 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: $97.25 May 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Sharon R. Lantz ?. pOPa?•?'a • .S'd SPA/, 9111134 ?' as?"?ss (ci CountySu to Sher& ieleosoft Inc. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: STEVEN BRADY ROOK CERINA LYN ROOK, Debtors STEVEN BRADY ROOK CERINA LYN ROOK, Movants v. DISCOVER BANK, Respondent : Chapter 7 Case No. 1-10-bk-09169-M1i CO 310 x" Re: Docket Entry No: 19 .. : Motion to Avoid Lien c.- Sccc-z): r>a D CTi -4. 1T1— CDci --1C) o -T; CD.r;. ry ORDER AND NOW, it appearing that the respondent has failed to answer or otherwise defend as to the Motion to Avoid Judicial Lien filed herein by Movants, and upon this Court's finding that the allegations of said motion are sufficient to state a good claim for relief, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The judicial lien held by the respondent, Discover Bank, against Debtors' real property located at 1633 Mountain Road, Newburg, Cumberland County, Pennsylvania, and entered of record at Docket No 2009-66394 Civil Term at the Cumberland County (PA) Court of Common Pleas, is declared void. 2. The respondent shall forthwith take all steps necessary to release said judicial lien and remove it from the local judgment index. Dated: March 4, 2011 040080 By the. Court, Ititritek- 16407040120023 :C# llariktOptty pi e {Kt?J 4-9, so Pd 0(2,71 ec9.5 �,�,3o938q SUN -16407 0314-1 pdf006 10-09169 Middle District of Pennsylvania U.S: Bankruptcy Court Ronald Reagan Federal Building PO Box 908 Harrisburg, PA 17108 040080 400801 MB 0.379 17240 1 3 6704-1-40733' lyJiJIIIIIn.IJill.IJ1111�III�.I1uIu1IiijIIiiIiuIIIiHhijiIjII' Steven Brady Rook Cerina Lyn Rook 1633 Mountain Road Newburg, PA 17240-9123 040080 16407040120023