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HomeMy WebLinkAbout09-7146v+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant No : n? -- ! i , COMPLAINT IN CIVIL ACTION 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 07715468 C A Pit KMJ I*-THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No TRAVIS G PROSPER Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: TRAVIS G PROSPER 4 TIPTOP CIR CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1553 . 4. Defendant made use of said credit card and has a current balance due of $6472.31 , as of August 10, 2009 . 5. Defendant is 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 29.9900 per annum on the unpaid balance from August 10, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. ? r 7.' Plaintiff avers that the Agreement between the parties provides that Defendant 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, 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 , TRAVIS G PROSPER individually , in the amount of $6472.31 with interest at the rate of 29.9901 per annum from August 10, 2009 plus attorneys' fees of $125.00 , and costs. games warmbroctt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S v nth Avenue, Suite 1400 Pitt ugh, PA 15219 (412 34-7955 FAX: 4 2-338-7130 077 5 68 C A Pit KMJ This law firm is a debt collector attemVing to collect this debt for our client and any information obtained will be used for that purpose. a f UlIbL?: VCK CARD 31 SDSN6A01 0004477 TRAVIS PROSPER 4 TIPTOP CIR CARLISLE PA 17015-7741 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. Payment Due Date August 26, 2009 wvn, Z... Uer enaln9 In I DOJ Enter Amount Enclosed Below $ 15? Will your payment get to us on time? 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 Illurlluurllnnllrllnl CAROL STREAM IL 60197-6103 ??I(n((nun??(i?n(u?(???nn??(I?uui?(??(unr??ulnl? 000001986458913123382000000000000000131600 Discover More Card Account Summary Closing Date: July 31, 2009 page 1 of 1 Account number ending in 1553 Payment Due Date August 26, 2009 Minimum Payment Due $1,316.00 Credit Limit $5,000.00 Credit Available $0.00 Cash Credit Limit $2,500.00 Cash Credit Available $0.00 Previous Balance $6,472.31 Payments And Credits 61472.31 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance = $000 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® -Anniversary --- - - - - - - - - - - --------------- - -------------------------------- Date: May 16 How Can We Hei YOU? 1? ' 1 • Visit Discowr.eem to pay your bill for no coif, view our latest Account information earn and redeem rewards d It s your choice - 3 ways to help , an more 2. Call 1.800-DISCOVER (347.2683) For fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance For hearing impaired) 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 confidenc Trans. Post Date Date e. Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -6,472.31 $0.00 $1,316.00 L.f °$.' c. L ¦ ?-.rte.==e?.r,- Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction F Daily Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINA CE ee FINANCE N CHARGES current billing period: 15 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 Balance Transfers $0 0.08216% 29.99% V 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 v Lost or stolen cards. Report immediately. Call 1-800-347-2883. Z M 811Nn 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 Card; PO Box 30421, Salt Lake City, UT 84130.0421, as soon as possible. We must hear from you no later than 60 days. after we sent you the first bill on which the error or problem appeared. You can telephone us, but $ doing so will not preserve your rights. In your etter, give us the following information: g •Your name and Account number. ro *The dollar amount of the suspected error. N •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 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. SpecW 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 ppaymen if you send the payment to any other address or it you use an envelope other than the one provided. Payments received on or after 1 PM Monday?hrou h 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, L 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 You can pay 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 need this statement and your 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, u will be agreeing to this authonzation to allow us and your bank to deduct each payment you authorize from your bank account and to mibat?e debit or credit entries to you' bank account as applicable, to correct an error in the 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 Gaymenl however we must receive notice at least three business days in advance of the scheduled payment 'You may notify us by phone at 1-800-347.3683 or by mail at address listed in the previous paragraph. If your payments may vary in amount we will, tell you on each monthly statement when your payment will be made and now much it will be. Your Automatic payment amount may be less than indicated on the monthly statement baud 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 Classic Card, Pt7 Box 15316, Wilmington DE 19850-5316. Please include your name, address, home telephone number and Account number. I'LlI IC FINANCE CNAROES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pay your entire New Balance by mAking payments or receiving credits. However. we will provide the following "grace period." If you paid the New Barance on your previous billing statement by the Payment Due Date shaven on that statement and you pay t?ie New Balance by the Payment Due Date on this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases Tirst appearing on this statement Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on chose new purchases.There is no grace period on balance transfers or cash advances. We sort your transactions into roups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. or example purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groupps as lansaction ca?egones. t the end of each billing period we compute balances and Periodic finance Charges for each da of the billin period for each transaction category We use the following eCuaUon to compute Periodic Finance Charges for each transaction categor Average Da, y 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 atltl up Ne Periodic finance Charges for each transaction category to get the total Periodic finance Charges for your Account The Average Dairy Balance is shown as zero if, because of the grace period, no Periodic finance Charges apply to the balance m 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 Dairy Balance for each transaction category by adding up all the dairy balances in a billing period for a transaction category and dividing the total g the number of days in the billing cycle. We compute the dairy balance for each transaction category on each day by Tirsl adding the Tollowing to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily 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 "previous day's dairy 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 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 tolhe 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 to 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 Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. 4 r VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Aaron Spain (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 his knowledge, information and belief. qia WWR# 7715468 Travis G. Prosper '6011002800761553 (2) _7 Ty, 2009 OCT 19 P11 2: 50 ,f 378. S'o i?? 87 cK-sf k3o? R-I, 13 Q :1 a3 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ytu' 01 C11jNt)r"j j TPLW%' I rk 2W OCT 26 AM 9: 16 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Discover Bank vs. Travis G. Prosper QF'F7 E . F'- ..P'el= gXW"ii.NA) GOUNW PENAYLYAN Case Number 2009-7146 SHERIFF'S RETURN OF SERVICE 10/21/2009 02:00 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1401 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Travis G. Prosper, by making known unto Ashley Irvin, adult in charge, at 4 Tip Top Circle, Carlisle, Cumberland County, Pennsylvania, 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS,, October 22, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7146 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From TRAVIS G. PROSPER AT 4 TIPTOP CIRCLE CARLISLE, PA 17015 (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 MEMBERS l sT FCU AT 1711 SPRING ROAD CARLISLE, PA 17013 GARNISHEE(S) as follows: 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 $7166.27 L.L.$.50 Interest $497.26 Atty's Comm % Due Prothy $2.00 Atty Paid $152.90 Other Costs Plaintiff Paid Date: 3111 /11 Oavid . Buell, Pro onotary (Seal) _ By: Deputy REQUESTII\TG PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant MEMBERS 1 ST FCU, Garnishee, 33. vo G'f3G ?' lam' IU /?Gl? C?V -9 50 ? 8 1? C1,-/ /W o -;ib76, Ilb,/ G6 d w e-6 ' IZLG'? L L No. 09-7146 PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: by __ J yJ 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#07715468 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-714 TRAVIS G PROSPER Defendant MEMBERS 1 ST FCU, Garnishee 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 TRAVIS G PROSPER, Defendant 3. against MEMBERS 1 ST FCU, Garnishee A ?>v ?'C pl- -J 4. Judgment Amount $ 7416.27 Less payments of $ 250.00 Interest $ Costs SUBTOTAL: Costs (to be added by Prothonotary): 497 .26 $ 7663.53 WELTMAN, WEINBERG & REIS CO., L.P.A. By: G? ??.- 1- 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny Sheriff R Anderson OF THE PRO OFFICE of ?':a+nGcr/; OTA{?? Jody S Smith '(011111 MAC Chief Deputy ?? ?? Al 10: 59 Richard W Stewart pENMSYLV COUNTY Solicitor 4m, Discover Bank Case Number vs. Travis G. Prosper 2009-7146 SHERIFF'S RETURN OF SERVICE 03/21/2011 12:15 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1215 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Travis G. Prosper, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, PA 17013, Cumberland County, Pennsylvania, by handing to Nurdinah Williams, 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 March 23, 2011 to Travis G. Prosper at 203 Fairfield Street, Apt. 1, Newville, PA 17241. SO ANSWERS, March 22, 2011 RON R ANDERSON, SHERIFF ai liam Cline, Deputy c! GourfySuite Sher'f Te:eo50 t, ler. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7146 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From TRAVIS G. PROSPER - 203 Fairfield St., Apt 1, Newville, PA 17241 (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 -1711 Spring Rd., Carlisle, PA 17013 F & M TRUST CO - 14 N. Hanover St., Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6966.27 L.L. Interest $884.65 Atty's Comm % Due Prothy $2.25 Atty Paid $275.00 Other Costs Plaintiff Paid Date: 02/06/2012 J David D, Buell, Prothonotary (Seal)' Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A 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 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. TRAVIS G PROSPER Defendant(s) MEMBERS FIRST FCU F & M TRUST CO Garnishee(s) No. 09-7146 CIVILTERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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 W WR No. 77 ] 5468 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-7146 CIVILTERM TRAVIS G PROSPER - .203 qewo-ll e to,* /7.? (1! Defendant(s) / 7p/3 MEMBERS FIRST FCU.50prl t7y R? ?grl? s e• ¢ p F & M TRUST CO -?? ?j ana??'? 5?, Ligl bs P, /7 /3 Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. 2. 3. 4. 0 ? ?9. o 0 0 °? iffy 97.60 -18. Sr' ?l 1q' a O /I • 00 11 .2 -7s. 00 Pd #t g. 2 5 04, e Co . C / 033 6 0 2 1 directed to the Sheriff of CUMBERLAND County: against TRAVIS G PROSPER , Defendant against MEMBERS FIRST FCU, F & M TRUST CO,, Garnishee rn co --n r-n zz _-n -: M $ $7,416.27 Judgment Amount $ $450.00 Less Payments/credits received $ $884.65 $ $7,850.92 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): WELTMAN, WEINBERG & REIS CO., L.P.A. By:`"'.. William T. Molczan, El re 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. 7715468 F I I ED-OF'r ICE OF THE PROTHONOTARY 2C12 FEB 13 PH 1: 11 CUMBERLAND COUNTY PENNSYLVANIA RECMD FEB 10 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant(s) MEMBERS FIRST FCU F&MTRUST CO Garnishee(s) Civil Action No. 09-7146 CIVILTERM INTERROGAT SIN ATTACHMENT 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. 7715468 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant(s) MEMBERS FIRST FCU F & M TRUST CO Garnishee(s) Civil Action No. 09-7146 CIVILTERM TO: MEMBERS FIRST FCU, 1711 SPRING RD, CARLISLE, PA 17013 F & M TRUST CO, 14 N HANOVER ST, CARLISLE, PA 17013 RE: TRAVIS G PROSPER, 203 FAIRFIELD ST APT 1, NEWVILLE, PA 17241 Suggested Reference No.: XXX-XX-7330 XXX-XX- 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. 7715468 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 (including funds on deposit for checking or savings accounts and certificates of deposit)? I 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. n I CK. 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. ?I n 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? nD 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? n 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? nn 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. no WWR No. 7715468 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. V 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. 1 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. n t cu 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? 1 I I r? 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. t wlkl nl? WELTMAN, WEINBERG & REIS CO., L.P.A. By: G ?„, William T. Molczan, Esqui 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. 7715468 I? February 8, 2012 Travis G. Prosper 203 Fairfield St., Apt 1 Newville, PA 17241 St MEMBERS 1St FEDERAL CREDIT UNION Review Dates (60 Days): December 11, 2011 - February 8, 2012 Total Writ of Execution: $8,128.17 Cumberland County Docket Number: 09-7146 File 4 WWR 7715468 Account Number: XXX093-0000 Name on Account: Travis G Prosper Ashli D Irvin (Joint) Savings: $5.00 -5.00 (Membership Fee) $0.00 Account Number: XXX093-0011 Name on Account: Checking: Travis G Prosper Ashli D Irvin (Joint) $5.96 -5.96 (Processing Fee) $0.00 $300.00 Statutory Exemption was not taken out. Tania S. Youn Deposit Operations alyst Rev: 06/11 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 Ta n i a 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. (SIGNA RE) FILED-OFFIC [~ r,OTHONO TAR r 2012 FEB 14 P11 1*. 02 , CU PENNSYLV AN IA COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. TRAVIS G PROSPER Defendant(s) MEMBERS FIRST FCU F & M TRUST CO Garnishee(s) Civil Action No. 09-7146 CIVILTERM Asxcs INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7715468 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant(s) MEMBERS FIRST FCU F&MTRUSTCO Garnishee(s) Civil Action No. 09-7146 CIVILTERM TO: MEMBERS FIRST FCU, 1711 SPRING RD, CARLISLE, PA 17013 F & M TRUST CO, 14 N HANOVER ST, CARLISLE, PA 17013 RE: TRAVIS G PROSPER, 203 FAIRFIELD ST APT 1, NEWVILLE, PA 17241 Suggested Reference No.: XXX-XX-7330 XXX-XX- 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. 7715468 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 (including funds on deposit for checking or savings accounts and certificates of deposit)? Its. ThC AP tnAAV1t WAS A personal mfCKIh9 a1ffDUV!-r Wl+h FPM TVtSt- 1 a. If the answer to Interrogatory I 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. W X00.10 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. N 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? N D • 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 0 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 The IAs-4 defosit MaAe -tv 4oe actovm- wAS JANLAAIZN 20,201'7- 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? N D • 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. NO. WWR No. 7715468 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. -1-11e qM ou n+ i Y1 44? L a (c o U rr+ (jo o.-i o) is E S -i+ A rn +h e 1eX e M Fi1O N oim D U pi+. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. R bKW AY/) B, 2 012 10. If the answer to Interrogatory I 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. FtjoniMyl a q12.012 IL 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? 0 . P-M`1R011 iS dEP0S*1-W, 6k Y1D"1- tltt-Fvohi??Ily. 12. If the response to Interrogatory I 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: ! _ a-, William T. Molczan, Esqui PA I.D. #47437 rr// WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No, 7715468 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 RG41NODW }?p kI1?S ?? VYI I n 4 S-t1(a?fi ? ? (Name ASS IS-M of N M •Tymst (D• , 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, information and belief. No-p? i:, (SIGNATURE) WWR No. 77 ] 5468 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff cC,yy# 6 f??(?}?Q ttrr ???55tp ,??,, °•??5 Jody S Smith.; ?EB ??•$ Chief Deputy -R Richard W Stewart OFFICE ,J TM? Solicitor gµs? L Discover Bank I Case Number 2009-7146 vs. Travis G. Prosper SHERIFF'S RETURN OF SERVICE 02/08/2012 12:02 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 1202 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Travis G. Prosper, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Kristal M. Luckey, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 9, 2012 to Travis G. Prosper, 203 Fairfield Street, Apartment 1, Newville, PA 17241. 02/08/2012 09:31 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 0931 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Travis G. Prosper, in the hands, possession, or control of the within named garnishee, F & M Trust Company, 214A Westminster Drive, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Terry Glass, Security Officer 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. SO ANSWERS, elo? ?I February 09, 2012 RON R ANDERSON, SHERIFF A atshall, eputy iam Cline, eputy (c CountySuite Sheriff. 7eleosoR. In. F- SHERIFF'S OFFICE OF CUMBERLAND COUNTY ay R Anderson ,eriff 4,14 1 "r+ F'??T H C€??t? s?3# ' Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 MAR -I PM 2= 06 CUMBERLAND COUNT '1' PENNSYLVANIA Discover Bank vs. Travis G. Prosper Case Number 2009-7146 SHERIFF'S RETURN OF SERVICE 02/08/2012 12:02 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 1202 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Travis G. Prosper, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Kristal M. Luckey, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 9, 2012 to Travis G. Prosper, 203 Fairfield Street, Apartment 1, Newville, PA 17241. 02/08/2012 09:31 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 0931 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Travis G. Prosper, in the hands, possession, or control of the within named garnishee, F & M Trust Company, 214A Westminster Drive, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Terry Glass, Security Officer 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. 02/29/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $143.97 SO ANSWERS, February 29, 2012 RON R ANDERSON, SHERIFF WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7715468 DISCOVER BANK vs. TRAVIS G PROSPER and MEMBERS 1 ST FCU AND F&M TRUST Garnishee(s) Attorney for Plaintiff(s) Cumberland County Court of Common Pleas NO. 09-7146 CIVILTERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: r °) P? rn C CJ C-, -r -?. Z: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1 ST FCU AND F&M TRUST, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By 1 hereby certify that the foregoing is a true and correct J This statement is made subject to the penalties of 18 Pa.C.S. Warmbrodt, Esquire for Plaintiff above case. ng to unsworn falsifications to authorities. $,5o Pb A77 ???1a3199b1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant(s) MEMBERS 1ST FCU F & M TRUST CO Garnishee(s) No. 09-7146 CIVILTERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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. 7715468 ___ i . ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-7146 CIVILTERM TRAVIS GPROSPER -ao3 ~a~'~'~~dd ~. APta' Defendant(s) (1~eW~il~lC, f'A 17a~( MEMBERS 1ST FCU " 1'T!1 SPri Qd,Carl~s~c Ply ~ 3 F & M TRUST CO -14 N H[Ulouer'~'~ ~Cu.rlcsl~e PA i7Df3 /~,~~~,01~ Garnishee(s) ~ I ~,5~ ~ PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: ~p (t(~(p. o~',C Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against TRAVIS G PROSPER ,Defendant 3. against MEMBERS 1ST FCU, F & M TRUST CO, ,Garnishee 4. Judgment Amount $ $7,416.27 Less Payments/credits received $ $450.00 Interest $ $ ] ,119.40 Costs SUBTOTAL: Costs (to be added by Prothonotary): O #61Q.O0 P o A~T1/ .33, yp C8F 87. (o(o '~ las.97 ,~ ?8.50 u 15~. 00 " air. so " 8 00 ~, ag. oo ~, (j. ~ n ~N57.53-Po ~'Y $ $8,085.67 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 `~ ~ "" ..::;k Pittsburgh, PA 15219 --~.~ N - _ (412) 434-7955 c -~~ -'~_ j' ;~'r.. r ~~ j r+.- '~ Cr -p _ {: -~-! ~~> _ p~ ~ ~.,~ $a.as 8uE' CO C~ ip(o?(.052 ~~ a~9~iy w~~ ~ ~ WWR No. 7715468 WR!?~'~!f'ECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7146 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From TRAVIS G PROSPER, 203 Fairfield Street, Apt 1, Newville, PA 17241 (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 1sT FCU, 1711 Spring Rd, Carlisle, PA 17013 F&M TRUST CO, 17 N Hanover Street, Carliile, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,966.27 L.L. $ Interest -- $1,119.40 Atty's Comm % Due Prothy $2.25 Atty Paid $457.53 Other Costs Plaintiff Paid Date: 8/22/12 avid D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name : WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone : 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-7146 CIVILTERM TRAVIS G PROSPER D f d ~~ e en ant(s) g ~'~$ INTERROGATORIES IN ATTACHME NT MEMBERS 1ST FCU F & M TRUST CO ~ iw Garnishee(s) -a~ ~~ cn -v c4 FILED ON BEHALF OF: -~`~' ~' Plaintiff ~ C '~ ~~ Z COUNSEL OF RECORD OF 3aZ ~? THIS PARTY: -t w ~ cn William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & RE IS CO., L. P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 -~n _~ aft ~~ --~t~ a `+~i WWR No. 7715468 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant(s) MEMBERS 1ST FCU F&MTRUSTCO Garnishee(s) Civil Action No. 09-7146 CIVILTERM TO: MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 F & M TRUST CO, 14 N HANOVER ST, CARLISLE, PA 17013 RE: TRAVIS G PROSPER , 203 FAIRFIELD ST APT 1, NEWVILLE, PA 17241 Suggested Reference No.: XXX-XX-7330 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days service upon you. Failure to do so may result in 3udgment 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 s bject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant whic comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For exa ple, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, eith rat the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts d posited and withdrawn during the intervening period. WWR No. 7715468 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any oney or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him y money or were liable to him for any reason (including funds on deposit for checking or savings accounts and cert ficates of deposit)? yQS , -W-~ df~~d ~vl+ h~ S ~ p~rsc ~a l ~,vc~~ ~ ~ of < c a U vl+ W ~~- ~ ~ M TRU S-I-. la. 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 locatio thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or oth r written instruments and the present location of each of such instruments; the amount or amounts that defendant laims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. ~, ~~g.~y No aCfOU-~-I' ~C'I'iV11-y SI V1~G MAVGin 2U 12~ 2. At the time you were served or at any subsequent time was there in your possession, c stody or control of yourself and one or more other persons any property of any nature owned solely or in p by the defendant. N D 3. At the time you were served or at any subsequent time did you hold legal title to any pr perty of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? N . 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? ~ 0 5. At any time before or after you were served, did the defendant transfer or deliver any pr perry to you or to any person or place pursuant to your directions or consent and if so what was the consideration th eof? N 0, N 0 A t f O U V1 `~" G1 G'1-i V i -I~ S 1 r1 C~ M l%t Y C ~"~ 2 012 . 6. At any time after you were served did you pay, transfer, or deliver any money or prope to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the d fendant against you? N d , 7. If you are a bank or other financial institution, at the time you were served or at any subseq 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 exeml 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 p , -rn e ~ ~ S~I-- of i Yf ct d ~.PU S 1 ~- w~l s frzo Nl ~,Nl P I oy -P,12 WWR No. 77154b8 8. If you are a bank or other financial institution, at the time you were served or at any subse time did the defendant have funds on deposit in an account in which the funds on deposit, not including an otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § so, identify each account. rl D 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. ~ ~ ~ S-`- 2 ~l ~ 2 D 12 8123? If 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, heck or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold b this institution. ~ v1 ~ U S1- ~ °I , 2 D 12 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the acc unt which are not deposited electronically on a recurring basis and which are identified as being funds that upo deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N ~~ 12. If the response to Interrogatory I 1 is in the affirmative, state the amount ofnon-exempt funs on deposit in the account. ~ ~ p ca -~ y WELTMAN, WEINBERG &REIS CO., L.P.A. r^ 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. 7715468 r .. ,~ 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 R~ I h b O W ~I O p )<- I N S (Name) ~pI M i N I Si'-'~ ti~vSS I S-I'~ N-f ' of F~ M TRU 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 of his/her knowledge, information and ~ (SIGNATURE) WWR No. 7715468 r ' RECENED - ~~~ r t~ ~ .> .~"~f ~Ft~~,~ AUG 3 0 2012 ~ ~`~jhJ~~TA 212 SEP ~S ~~ tl: pg ~' pE~~SY~~ ~~U1VT~~` ~At~lq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant(s) MEMBERS 1ST FCU F & M TRUST CO Garnishee(s) Civil Action No. 09-7146 CIVILTERM ~:~s ~ INTERROGATORIES IN ATTACHMENT 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. 7715468 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI,~CEIVED CIVIL DIVISION AUG 3 0 2012 DISCOVER BANK Plaintiff vs. TRAVIS G PROSPER Defendant(s) MEMBERS 1ST FCU F&MTRUSTCO Garnishee(s) Civil Action No. 09-7146 CIVILTERM TO: MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 F & M TRUST CO, 14 N HANOVER ST, CARLISLE, PA 17013 RE: TRAVIS G PROSPER , 203 FAIRFIELD ST APT 1, NEWVILLE, PA 17241 Suggested Reference No.: XXX-XX-7330 XXX-XX- 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. 77] 5468 ,• r` INTERROGATORIES IN ATTACHMENT AUG ~ 0 2012 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 (including funds on deposit for checking or savings accounts and certificates of deposit)? * \ 0 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. ` 1 ~ 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature ow~ne`d solely or part by the defendant or in which defendant held or claimed any interest? t~ ~ 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~pe1rson or place pursuant to your directions or consent and if so what was the consideration thereof? 1v d 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? ~, 1 Iv O 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. ~, D WWR No. 77 ] 5468 ~„ ii . ~ AUG302012 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. ~ ~ ~_ ~~ ~^~`~~ 0. ~T~ b G~~ an C~,,,_ 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. .~~~,il~ -3.~~ a-~~.~ 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. 1~ ~~~~. 3 ~ ~ apl ~ 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? ~` ~ ~~ZS 12. If the response to Interrogatory I 1 is in the affirmative, state the amount ofnon-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) 434-79SS WWR No. 7715468 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ I _t ~~.+-~+! ~~~~ Sheriff { ~} ^(' p `~' ~gtt~titp Ot~1t1NbP ~~t ti ! i'.~ ~~~~9i~ iHtE t r~ Jody SSmith -1 ~ ~~ ~ ~ S~~ _ ~ ~~ ~: ~ Chief Deputy ~ -' ~ , Richard w stewart -= ,ar ~~t~i~.RLAhiD CtlNT'Y Solicitor a~FfcE ~F rI~E SIsERIFI= PF'N~i~JYLYANI A Discover Bank Case Number vs. Travis G. Prosper 2009-7146 SHERIFF'S RETURN OF SERVICE 08/29/2012 09:22 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 29, 2012 at 0922 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and . monies of the within named defendant, to wit: Travis G. Prosper, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Merlinda R. Wilkins, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 08/29/2012 09:35 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 29, 2012 at 0922 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Travis G. Prosper, in the hands, possession, or control of the within named garnishee, F & M Trust, 214A Westminster Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Terry Glas, Security Officer, 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 August 30, 2012 to Travis G. Prosper at 203 Fairfield Street, Apartment 1, Newville, PA 17241. SO ANSWERS, August 30, 2012 RON R ANDERSON, SHERIFF iam C ine, Deputy ic) ~ountySuite Sheriff, Teleosori, Inc. SHERIFF'S OFFICE,OF CUMBERLAND COUNTY rty R Anderson = T l�pR-O FFicE 'riff asc t r f u�i�k r x 29j3� KQNO 7�q j Jody S Smith Chief Deputy "° ,. (/ 1 PN Richard W Stewart Solicitor Qt�, �OF r*-E SHERIFF '�S YC Q N uNT y �A * * AMENDED Discover Bank Case Number vs Travis G. Prosper 2009-7146 SHERIFF'S RETURN OF SERVICE 08/29/2012 09:22 AM-William Cline, Deputy Sheriff,who being duly sworn according to law,states that on August 29,2012 at 0922 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Travis G. Prosper, in the hands, possession,or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Medinda R.Wilkins, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known%)her. 08/29/2012 09:35 AM-William Cline, Deputy Sheriff,who being duly sworn according to law,states that on August 29,2012 at 0922 hours, attached as herein commanded all goods, chaff , rights, debts, credits, and monies of the within named defendant,to wit: Travis G. Prosper, in the nds, possession, or control of the within named garnishee, F&M Trust, 214A Westminster Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Terry Glas, Security Officer, 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 August 30, 2012 to Travis G. Prosper at 203 Fairfield Street,Apartment 1, Newville, PA 17241. 03/18/2013 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. ,a i SHERIFF COST: $143.52 SO ANSWERS, March 18, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Shentr,Teiaosoft.Inc.