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Home My WebLink About09-7985IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ASHRAF A MUSLEH Defendant No : Oq -798S l: tv?L 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 07716255 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ASHRAF A MUSLEH 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: ASHRAF A MUSLEH 3502 BEECH RUN LN MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5878 . 4. Defendant made use of said credit card and has a current balance due of $6756.64 , 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 28.990% 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. 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 , ASHRAF A MUSLEH individually , in the amount of $6756.64 with interest at the rate of 28.990% per annum from August 10, 2009 plus attorneys' fees of $125.00 , and costs. James u. WELTMAN, 436 Sev Pittsb (412) 3 FAX: 4 2 07716 5E This law firm is a debt collector attempt our client and any information obtained w rmbrodt,42524 W INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 73 PA 15219 955 8-7130 C A Pit KMJ to collect this debt for be used for that purpose. 'LJrs.21t.01 V IGIIC $6,756.64 $6,756.64 Enter Amount Enclosed Below CARD Payment Due Date $ August 17, 2009 Please make check payable to Discover Card. Minimum _payment due includes a past due amount of 1,280.00. 22 SCSMA01 0005261 ASHRAF MUSLEH 3502 BEECH RUN LN MECHA141CSBURG PA 17050-2206 Adcress, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 Illrrs1IllIrslrl111111llrrl CAROL STREAM IL 60197-6103 000001986623678483269067566400000000675664 Discover Miles Card Account Summary Closing Date: July 22, 2009 page 1 of 1 Account number ending in 5878 Previous Balance $6,756.64 Payment Due Date August 17, 2009 Payments And Credits 0.00 Minimum Payment Due $6,756.64 Purchases + 0.00 Credit Limit $6,300 Cash Advances + 0.00 Credit Available $0 Balance Transfers + 0.00 Cash Credit limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $6,756.64 Opening Miles Balance 0 New Miles Earned + 0 Miles by DISCOVER rAID Miles Balance 0 MtlesAnniversnryDate:-Novetriber-21_--------------- _ _.--_ ------ --- ,---- .-- Earn Miles even fasterl You can earn Double Miles on up to $3000 in travel and restaurant purchases, plus 1 Mile for every $1 spent on all your other purchases. How Can We Help You? I • Visit Discover.com to pay your bil for no cost, view our P latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-8004ASCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager Write us at Discover Card PO Box 30943, For TDD (assistance for hearing impaired) see reverse side 3. 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. However, we reserve the right to increase the APRs on your Account if you fail to-pay the, minimum-payment-dueby-the payment due date.. Seethe Default Rate Plan. section of the Cardmember - Agreement for details. JJT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic F. Daily Periodic PERCENTAGE PERCENTAGE FNANCE CHARGES FICNANCEES Balances Rates RATES RATES current billing period: 22 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Cash Advances $0 0.07942% 28.99% F 28.99% $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 Cardnternber Agreement. Your Cardmember Agreement contains all the terms of your Account En Lost or stolen cards. Report immediately! Call 1-800-947-2883. Z BiRinp .Rights Summits In Case of Errors or Questions About Your trans io Bill: If You think Y?r bill is wrong, Lou r If Lneed more information about a o on Your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421 Sali Lake if . UT 84130-0421 as soon as possible. We must hear from you no later than 0 days after we sent you the first bill on which the error or I lem appeared. V& can telephone o s but doin so will not preserve Your rights. In your letter, give us the following Information: o • Your namg and Account number • The dollar amount of the suspected error (nn • Describe the error and explaih, 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 topav anyy amount in auestion while we are invesU ating,butVou are still obligated topa?/ the Re of your bill th t are not in question. While we InvesUgate your question, we cannot report you ags deffnouerit or take anv ac Ion to chllfrl th amti Kr? S all RWe for Credit Crud Purchases: It you have a roblem with the quality of goods or services that You purchased with a credit card, and have tried in and faith to correct the ph am with ?ha merchant, yyy444u fill, not ifave to pa the remalrM amount due on the goods or services. ou have this on only when the purchase price was more than ;50 and the purchase s made in yo. r home state or withl 100 miles of Q; mailin dress. (If we own or opetate the enchant, or if we malted you the advertisement for the goods or services, all purchases are covered rdless the amount or location of purchase) d only vo r pavmant and a to rtion of this statement n the envelope tovided. p nit send cash . send sn wur check as e, yar dufkorize us to use ntorrtiatlon on your check to maze an a ectrotulcpiund transfer from your ac?nt at M Tinanclal at on Your cheee?k or to rocess thwe e payment as a check transaction. If payment Is processed as an electronic fund transfer, the for the amount of the chuPck. When use Information from your check to "make an electronic fund lransier funds may be your account as soon as the same day we receive your payment and you will not receive your check back from your financial n of your ant may be delayed if you send cash, conesppoondence or other Items with Yyoour p7ment, if send the rant to x or f f se an envelope other the the one provided. ants received on or after 1 PM at burp faclli% Monda y or on a keno or bank holida will be posted o your Ac Paymcount as of the next business da. If you have mispl?ced YaLr envelope, ientto Discover Bank, PO Box 61Y0. Carol, SUeam, IC 60197-6103. Please allow 7-10 days f?r delivery: If your payment is returned irve the Tight to resubmit it as an electronic debit r minimum oa ent or a neater amount over the telephone, and can set u automatic ants. Call us at 1-800-347-2683. is statement aria Yyomur bank a?count information. You mus? an ure th?t sufficient f?nds are avai?a? a inrour bank account and all ist comply with U. S. law. You will be asked to provide the first digits of ur account statement ziD c enterin those it electronic si nature you will pe agreelngito this authorization to allow Vs and Your bank to deduct each ant u authorize account, and Flo Initlate debit or credit en as to your bank account, as arlicabre, to correct an error `n th ess9 of such lust tell us the amount of each payment or you can select an amount suc as the Minimum Payment Due or a New Balance on You can cancel a payment hurrvefier we most receive noU at least three business days in advance of the scheduled payment You one at 1-600-34T-2683 or mail at the address listedn the D pus parspraph. R Wur payments va in amount, we will tell ON sttatemennt when?yo•urgai??r will be made and how much tt "M be. Your automatic payment amount may be less than Credit R ng. We m report Information about your account to credit bureaus. Late payments, missed pa manta, or other defaults on r accost ay be rafle ur credit reoa We nbrrnal spot the status and paymer!t nis?gory of your Account to creditreporUn aoenC?es each m? n9 f yeti bell th t report is inabc rate or Inc, efq, Please write us at trua followi Ueaddtass: Urscover Card, PO Box 15 6, UVllmington. DE 7 9?0-5316 Pease include your name, address, home t e ne number and Account num L Grace Period on Purchases (at least 25 da ). We begin to impose Periodic Finance Char as on all transactions from the Transaction Date for the trans on as shown on r billin stater t unless a transaction is posted to your Account after the clos4 of the billing ?er?od in which it occurs, In which case we begin io impos; ?eri4dlm inance Charees on that transaction from the first day of the bill in od in Which It Is posted to your Account We conUnu to Impose eriad c finance Chang Vii the date you ur entire NaW Balance, b?k ng paYrents or receiving credits. Hower If you?paid the New Balance on your previous bdt?ng statement by ent Due Date shown orf that b11Rrt Statement and you pa the New BalancEe the Payment Due Date on You current bill.ng statement we will n impose Periodic Finance Chartres on new purchases, that ?s, rchases first appearing on the current hiring statementw?e call this the "grace period.^ There is no grace period-on balance transfers or cash advances. Midrnrart Flname Chaarrggee We will chargae you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than 5.50 would othArwise be ImposeD. Artmal Fee. If your Account has an annual fee It will be billed at the beginning of each anniversary Year ur Account Is open. The amount of the fee appears on the statement when the fee is billed. The annual fee I?; not ietundable unless VoC? hotit us that you wish to close your Account within 30 nays of the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card during that period. Periodic Finance Charges. We sort your transactions Into rouT of purchases, cash advances and balance transfers and then further sort the transactions within eacrt rollp by their Annual Percentage l?ate. or ekamCle purchases sub'ed to a promotional rate and purchases sub1ect to a standard raterld be s Iii to groups We refer to these roll s as transaction categories. At the end of each billing rind, we compute balances and Periodic Finance Char es for eac day of the billing p6lodpfor each transaction ategory. We use the following q?iation to compute Periodic Finance Charges for each ansaction category: (Average Daily Balance) times (days in billing period) times (Dally Periodic Rate), to the finance charge summary on your billing statement for thes amounts.) Then we add u? the Periodic Finance Charges for each ?gqooyY? to get the total Periodic Finance Cha(gef for your Account lfhe Average Daily Balance fig shown as zero If, because of the grace ore Finalfce Charges aRDIY to the balance i? a transaction cateo0 iverage Daily Balance "ncluding new transactions) method of c3lcOlating the balance upon which we imbpose Periodic Finance m u the vera a DaI,Y Balan a for each transaction cate?orv goof up ail the dally balances in a illin period for a ?ppN and divtdin the total by the number of days in the billin riod. g!e com[wto the Ball balance for ea transaction cafe all Tirsl adding theIollowing to the previous days ?ailY balance: nsactions with a TransacUoXDate of that day as shown on youg it, unless thge transactor is posted to your Adcount after the close oT the billing period in which it occurs, in Vvhich case the be added to the daft V balance as of the first day of the bilUn nod in whicfigit is posted to ur Account fees cha ed that day Lance Charggeess accrued on the previous days dellY balance; agbv then subtractin any creditsroand pavm??ts that ar applied mce of the Vansactiog category on that day. In calculating the dally balance. for thg first day of the b"iillnq Prriod, we consider the on Fee ?es which n es has For TDD (Telecorrammicatlons Device for the Deal) assistance. please call 1-Ann 9d7.7AAR 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 SRain (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. WWR# 7716255 Ashraf A. Musleh '6011208993425878 O' T ? 209 NOV 17 AN 9t 30 01%rw9wColom" 4 7s. so?C(.- fll?y Co ?r 233c,zs R a -3:3 1. S-0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Lri-rl Sheriff 01 6„T,b+nnl okt?tn rrF?? OF 7NEE r o,c?, ? ?: 0TARY Ronny R Anderson Chief Deputy 2009 NN 24 Aid 8: 3 7 Jody S Smith Civil Process Sergeant OFF7t ? .F ? c a.r CUid- ' 'lJ t IEdward L Schorpp Solicitor Discover Bank Case Number vs. Ashraf A. Musleh 2009-7985 SHERIFF'S RETURN OF SERVICE 11/19/2009 11:20 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 19, 2009 at 1120 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ashraf A. Musleh, by making known unto Nedal Morad, wife of defendant at 3502 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 20, 2009 SO ANSWERS, eA ?R THOMAS KLINE, SHERIFF BY ty e - f Ic Co n;iySuitc hen+T. Terpo50ff. In,, i r ~ ~~ ~ ~1~ r , c ,_, ~.~ ~ i;1 9~~aJ { _ ~d r i.l',v 1 L,Y. :i,6r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ASHRAF A MUSLEH Defendant PNC BANK, Garnishee, No. 09-7985 CNILTERM 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#07716255 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNII, DNISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-7985 CIVILTERM ASHRAF A MUSLEH , 35pa g~~ (Z~ M~ehantcaburg, pA, 170x0 Defendant PNC BANK, coil, Carirsf~ f~11ce, ~Fe loon . MedYxniG°~bur9, pA /71~ O 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 ASHRAF A MUSLEH, Defendant 3. against PNC BANK, Garnishee 4. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): D $d~.5o Pp Arn 31. o o CBF 7b. SO •. I'1. oo ~~ aso ~~ $ i5~. so - P4 A'IT~ ~a.00 I~ueCo SO LL C* ~g35a.5aL R~ aS0 X028 $ 7,836.86 $ 289.67 $ 8,126.53 WELTMAN, INBERG & 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7985 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From ASHRAF A. MUSLEH, 3502 Beech Run Lane, Mechancisburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 6416 Carlisle Pike, Suite 600, Mechancisburg, PA 17050 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/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,836.86 Interest -- $289.67 L.L. $.50 Atty's Comm % Due Prothy $2.00 Atty Paid $156.50 Other Costs Plaintiff Paid Date,: 11/2/10 ,~. Davi D. Buell, Pr thonotary .. ~ .~,. . `, REQUES`TIN ~i`r~ARTY: r-~~lame MATTI~EW D. URBAN, 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. 90963 Deputy SHERIFF'S OFFICE OF CUMBERLAND CUNIY . j Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4FRCE C>F THE S-ERI;F Discover Bank vs. Case Number Ashraf A. Musleh 2009-7985 SHERIFF'S RETURN OF SERVICE 11/08/2010 09:47 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2010 at 0947 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ashraf A. Musleh, in the hands, possession, or control of the within named garnishee, PNC Bank, 6416 Carlisle Pike, Ste 3600, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Ed Bongiorni, Financial Sales Consultant, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on November 10, 2010 to Ashraf A. Musleh at 3502 Beech Run Lane, Mechanicsburg, PA 17050. SO ANSWERS, November 10, 2010 R ANDERSON, SHERIFF snarl, Deputy ic) GountySuite Shenff. Teleosoft. Inc. p 4. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 07716255 DISCOVER BANK Cumberland County -? Court of Common Pleas r-j c 'T't M VS. M ` ca -'arrt ens 0 ASHRAF A MUSLEH r 4Fr W ? '"4'i NO. 09-7985 CIVILTERM and C-- _ PNC BANK .:, na > Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), PNC BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By vV n, Esquire William T. MoKint Attorney for P ffSworn to and subscribed BeAre me the ?0t? day of January, 2011 MMONWEALM OF PENNSYLVANIA Notarial Seal NOTA UBLIC Wendy L C,rA NOWY Publk My C nl bp1 July 15, 2014 Member. Penns~a Assodatlon of Notaries liy# 14 ? .11? cq lS to Ron`riy R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF 7-C ; r?iFF FILEO-OFFCF. OF THE PROTHONOTARY 2011 MAY 27 AM 9: 37 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Ashraf A. Musleh Case Number 2009-7985 SHERIFF'S RETURN OF SERVICE 11/08/2010 09:47 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2010 at 0947 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ashraf A. Musleh, in the hands, possession, or control of the within named garnishee, PNC Bank, 6416 Carlisle Pike, Ste 3600, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Ed Bongiorni, Financial Sales Consultant, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on November 10, 2010 to Ashraf A. Musleh at 3502 Beech Run Lane, Mechanicsburg, PA 17050. 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: $90.72 May 26, 2011 SO ANSWERS, RONKIY R ANDERSON, SHERIFF 4rrh F3 on R . Lan z a .06 Pd • to S0 1-,'- 'pd, SHERIFF'S OFFICE OF CUMBERLAND COUNTY (o) CountySuite Sheriff. Teleosof2. Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7985 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From ASHRAF A. MUSLEH, 3502 BEECH RUN LANE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 PNC BANK, 105 NOBLE BLVD, 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 $7,836.86 Interest $973.73 Arty's Comm % Atty Paid $281.72 Plaintiff Paid Date: APRIL 16, 2012 (Sea]) REQUESTING PARTY: L. L. Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy 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. Civil Action No. 09-7985 CIVILTERM ASHRAF A MUSLEH ?So a'h'"` ?"'1e eCh P I?SD Defendants M file l•S,e METRO BANK 8° NO I ?` `. S Q I"?° `3 ? r- rn Q c. PNC BANK ) uS '(vOwIQ C, c° 3?ft Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION ?=1 CD C - r TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against ASHRAF A MUSLEH , Defendant 3. against METRO BANK, PNC BANK,, Garnishee 4. Judgment Amount $ $7,836.86 Less Payments/credits received $ $0.00 Interest $ $973.73 Costs $ SUBTOTAL: $ $8,810.59 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. I By: e., 12q, ac7 (?a William T. Molczan, Esqui o1 PA I.D. #47437 37. D6 WELTMAN, WEINBERG & REIS CO., L.P.A. n If 1400 Koppers Building l 7a 436 Seventh Avenue L?. S 0 ?? Pittsburgh, PA 15219 L1. 0c) lr i, (412) 434-7955 a ti. So"ti ?a?l ?02 ?d a 11K !q 9. aIF bue 4) . Ck-? lo4t? ??93 WWRNo. 7716255 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ASHRAF A MUSLEH Defendant(s) METRO BANK PNC BANK Garnishee(s) No. 09-7985 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. 7716255 t c:_ 1{ t 1R'', tit A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLN-'ANIA CIVIL DIVISION DISCOVER BANK Plaintiff v S. ASHRAF A ML SLEH Defendant(s) METRO BANK PNC BAN K Garnishee(s) Civil Action No. 09-7985 CIVILTF-R_M e,6 V INTERROGA ES INATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF' THIS PARTY: William T. Molczan, Esquire PA I.D. 947437 WELTMAN, WEINBERG & REIS CO.. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WVWR No. 77162 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff V S. ASHRAF A MUSLE.H Defendant(s) METRO BANK PNC BANK Garnishee(s) Civil Action No. 09-7985 CIVILTERNI TO: METRO BANK, 20 NOBLE BLVD., CARLISLE, PA 17013 PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 RE: ASHRAF A MUSLEH, 3502 BEECH RUN LN, MECHANICSBURG, PA 17050 Suggested Reference No.: XXX-XX-5005 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. 771625 INTERROGATORIES IN ATTACHMENT I. 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)? Defendant Ashraf Musleh has account xxxxx1069 held jointly with Nedal Morad wit=h a balance of $3510.53. Defendant has account xxxx:Kx8092 held individually with a balance of negative -$4492.54 l a. If the answer to Interrogator? l 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 vou 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 soleh or in part by the defendant. 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? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any honey or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pen"""hva,,, F .1, rali Ilawn ir,??r _ _, Identify , ,,?; -ni.. a or ,?u?, a : 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. WWR No. 7716251 AA 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, identif,, each account. 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. 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. I 1 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? 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By. .?" William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO.. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 771625 41 AA 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 Jennifer Hilbish (Name) Lev Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she 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. / (SIG Y ATURE) ( 'f W IN THE COURT`S ,;??ON PI?E?S OF CUMBERLAND COUNTY, PENNSYLVANIA zv i?,l.lkDfl DISCOVER BANK, CIVIL ACTION NO. 09-7985 CIVIL TERM Plaintiff VS. ANSWERS TO INTERROGATORIES IN ATTACHMENT ASHRAF A. MUSLEH Defendant and Filed on behalf of PNC Bank, National Association PNC BANK Garnishee Joel B. Gold, Esquire Sr. Counsel for PNC Bank, National Association Pa. I.D. #42090 PNC Bank, National Association Firm #862 One PNC Plaza, 20th Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/6763 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff VS. ASHRAF A. MUSLEH Defendant and PNC BANK Garnishee CIVIL ACTION NO. 09-7985 CIVIL TERM ANSWERS TO INTERROGATORIES IN ATTACHMENT Filed on behalf of PNC Bank, National Association ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A., the Garnishee (`Bank"), files this response stating as follows: 1-1 a. The Garnishee has two accounts titled in the name of the defendant. For the first account, after allowance of a portion of the judgment defendant's cash exemption of $300.00, the Bank has an account balance of $0.00. The second account is joint with a non judgment defendant and receives a `Benefit payment" on which an "Account review" was conducted. The account is not attached because there were no funds in excess of the "Protected amount". 31 CFR §§212.1 et seq. 2. No. 3. No. 4. No. 5. `'1o. 6. No. 7. See no. 1 as to second account. 8. See no. 1. as to first account. 9. Objected to as outside the scope of Pa.R.C.P. no. 3144. 10. Objected to as outside the scope of Pa.R.C.P. no. 3144. 11. No. 12. N/A WHEREFORE, PNC Bank does not admit to owing a debt to or holding property of the judgment defendant. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION Jo d, Es-q.,,/ Lit/garnishee answers/Musley, Ashraf 05292012 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of I V& C.S. x4904, relating to unworn falsification to authorities. Re: Discover Bank vs Ashraf Musleh DOCKET NO: 49-7985 Civil Term DATE: 6/15/12 Lit-233946.1 OPS Analvst I - Garnishment Processing WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7716255 DISCOVER BANK =? CUMBERLAND County Court of Common Pleas3 N vs. rr?! C- "n ASHRAF A MUSLEH 7 CD NO. 09-7985 i' =`-" and c-> _... METRO BANK r-) PNC BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), METRO BANK, tVV PNC BANK. WELTMAN, WEINBERG & REIS CO., L.P,A 41?d? By / William T. Molcza , Esquire Attorney for Plaintiff 456 PD A C4165771 It 2780440 SHERIFF'S OFFICE OF CUMBERLAND COUNTY . Ay R Anderson ,eriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4titi?t?? ?t ?:aurtGer/rai? c.. y i f t ,r` , ' f 2 JUL 25 PM I2: 4 4 PENNSYLVANIA " Discover Bank vs. Ashraf A. Musleh Case Number 2009-7985 SHERIFF'S RETURN OF SERVICE 04/20/2012 09:45 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 0944 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ashraf A. Musleh, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Ellen Laubach, Banking Officer/Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 04120/2012 09:50 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 0949 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ashraf A. Musleh, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Audrey Bistline, Senior Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 23, 2012 to Ashraf A. Musleh at 3502 Beech Run Lane, Mechanicsburg, PA 17050. 07/23/2012 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 July 24, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF i;nun rySur±e Sl,enn_ 7cleo"ft, Inc