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HomeMy WebLinkAbout09-8035} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA vs. Plaintiff BRIAN D MCWILLIAMS No : 69 - ?? 3J COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07634212 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No BRIAN D MCWILLIAMS 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, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 2. Defendant is adult individual(s) residing at the address listed below: BRIAN D MCWILLIAMS 718 OLSON DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0956 . 4. Defendant made use of said credit card and has a current balance due of $4143.73 , as of October 26, 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 11.100. per annum on the unpaid balance from October 26, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 and made a part hereof. 7. 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 , BRIAN D MCWILLIAMS , individually , in the amount of $4143.73 with continuing interest thereon at the rate of 11.1000 per annum from October 26, 2009 plus costs. James C. arm ro t,42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Sev liq h Avenue, Suite 1400 04- Pittsb , PA 15219 (412) 13A-7955 FAX: -338-7130 07634 2 C N Pit KMJ This law firm is a debt collector attemptring to collect this debt for our client and any information obtained will be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,614.89 - $0.00 + L$42.50 + $78.00 = $3,735.39 $716.00 Jan. 07, 2009 Nov. 14, 2008 - Dec. 13, 2008 Page 1 of 1 MasterCard Platinum Account 51784525480544 Your Account Information TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $31000,00 AVAILABLE CREDIT FOR CASH $000 FFInaw.e Charges (Please see reverse for important information) Balancerate Periodic Corresponding FINANCE pplled to rate APR CHARGE ses 52,90483 0013611% L 1318% S31 47 S738.31 0 04981 % L 1818% 811 co AL PERCENTAGE RATE applied this period: 14.00% Iii At Your Service - Go to www.caoilab-r to tri your axart, 2 a Cat 1ZO903,%37 m sputa bsl or stala, cad or sped, to customer Real-. 0 Pay Online at wnw.caX*ra.oom or malyou payment to: Cgrfal Ore Boric (USA), NA • P 0 Bat 71063. Chettle, NC 26272-1063 A Send Inquiries to: Coplah Ore- P D Bat 302% • Sd<Law C4, Ur 84130-M PLEASE PAY AT LEA9 TMS ANUUNr You're behind by m payment. If we charg offyou aM.nunt the to late or missed pay lent., finance charges will continue to a=u- Ad now b prevent this from happening Please pay the mrtmun naynent amount on you staWment or We us a call at 1803 955 603 We're here to he ) Take control of your credit with Capital One °ImMtant Notloe° Under the terms we previously cadosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effei immediately However, Capital One has elected not to rase your APRs at this time Please be advised that t you fail b keep your account in good standing, Capital fare reserves Itte right to raise your APRs in to (oboe PaTwnts, Credits & Adiustments Transactions 1 08 DEC PAST DUE FEE S39 OD 2 13 DEC OVERUMIT FEE DEG 13, 2009 53900 You account has gone over its credit limit To avoid addtonal overlimt fees, you should pay more Ulan the Minimum Payment Please pay enough to bring your account balance belak your credit limit immediately, and make sure you account balance remains below your credit limit Please be sure the amount you pay accounts for any future purchases, fees, and finance charges You were assessed a past de fee because your minimum payment was not received by the due date To avoid this fee in the Wre, we recommend that you Blow at least 7 busress days for your minimum payment to reach 3apital One G Have a queftn about a charge on yore statement? _ u _ Please refer to the Billing Rights Summary on the back of your `G/YUL7111DQIRi statement or visit www,rgpbkm com/dspules PLEASE RETURN PORTION BELOW WfTH PAYMENT OR LOG ON TO W4vW CAPrFALONE.COM TO MAKE YOUR PAYMENT ONUNE 7634212 1 5178052658050956 13 3735390125000718004 Capital 2e Account Number. 5178-0526-5805-0956 Due Date New Balance Minimum Payment Amount Enclosed Jan. 07, 2009 $3,735.39 $718.00 C_= PLEASE PAY AT LEAST THIS AMOUNT #9034969159529483# BRIAN D MCWILLIAMS 716 OLS0N DR CARLISLE, PA 17013-1550 I11IrIIIIII - IIr1911rrHlrr1119v1111,pnurllllr9°IIIIPIPI Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. © Pay ortne anyttri more checks, stamps or clutter Q Moving? Change your address online or on the hack Q Help save the planet Go paperless © Sign up at www capitalone corn Capital One Bank (USA), N.A. P.0• Box 71063 Charlotte, NC 26272-1063 Illllllrlllrrlllllrllrlllllllrrllllllrrllrlrlllrllrrllllllllrllll Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. BRIAN D MCWILLIAMS Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/'she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: f ? 1 -,t reJ1Cj-? cpl p' a= Wandi Glover A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 REED- T CE OF THE P RC) I ;"`NOTARY 2009 NOV 19 AM 8.34 PE, + 3-, !DV,,,hIA g78. ro ?? A? cK?' ?r3a?2vs }?- ?3 ars9 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8035 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From BRIAN D MCWILLIAMS, 718 Olson Drive, Carlisle, PA 17013 (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, 105 NOBLE BLVD., CARLISLE, PA 17013 CITIZENS BANK, 665 NORTH EAST STREET, CARLISLE, PA 17013 MEMBERS 1sT FCU, 1711 SPRING ROAD, 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 $4,219.11 Interest $346.78 Atty's Comm % Atty Paid $152.90 Plaintiff Paid Date: 6/17/11 L.L. $.50 Due Prothy $2.00 Other Costs J??-w D ' Buell, rothonotary (Seal) REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 By: Deputy Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. BRIAN D MCWILLIAMS .11$ OIS6rt Dr- Defendant(s) QW %'%tet e14 177GI 3 PNC BANK CITIZENS BANK MEMBERS 1 ST FCU Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... Civil Action No. 09-8035 CIVILTERM directed to the Sheriff of CUMBERLAND County: 2. against BRIAN D MCWILLIAMS , Defendant los 1?UobleC31vd. "*46.5 W.e4sr s?"• 3. against PNC BANK, CITIZENS BANK, EMBERS 1 ST FCU, Garnishee 4. Judgment CoU?n.?t 4-,MCj TH- 1-701 3 $ Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): I-k-? Oyu a ?f. So pd OL 33.10 ?? g. S? tr r I xA . 00 It a. SO k e sa 90 ?? a - c? ? "re a vn )-n G m 1-7 1( ?r? h q lect. $4,219.11 J $0.00 $346.78 $4,565.89 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A., 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ?k S99 770 gxalo0 (PSI WWR No. 7634212 Uj(t-+6X- ??)c Z SSue r4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No. 09-8035 CIVILTERM Vs. BRIAN D MCWILLIAMS Defendant(s) PNC BANK CITIZENS BANK MEMBERS I ST FCU, Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: 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 W WR No. 7634212 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ors ..F F IF Jody S Smith Chief Deputy Richard W Stewart Solicitor ?'i 1 ".'127 Ci' BEti! ANN; 1.l i Capital One Bank (U.S.A.) N.A. vs. Brian D. McWilliams Case Number 2009-8035 SHERIFF'S RETURN OF SERVICE 06/22/2011 10:06 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013 Cumberland County, by handing to SHERI GUTTSHALL, BRANCH MRG, personally 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 June 23, 2011 to Brian D. McWilliams at 718 Olsen Drive, Carlisle, Pennsylvania, 17013. 06/22/2011 10:39 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1 st FCU at 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to DEB FLORLES, BRANCH MRG, personally 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 June 23, 2011 to Brian D. McWilliams at 718 Olsen Drive, Carlisle, Pennsylvania, 17013. 06/22/2011 10:30 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to JESSICA WEBB, TELLER MRG, personally 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 June 23, 2011 to Brian D. McWilliams at 718 Olsen Drive, Carlisle, Pennsylvania, 17013. SHERIFF COST: $279.88 June 23, 2011 SO ANSWERS, -6Z RON R ANDERSON, SHERIFF 1 iam Cline, Deputy Sheriff tc Coun?ySuite Sheriff . Teieosoft. I nc. lur! 21 Ali 11n: t. cUMBERLA f nEP. 4 00i A ik RECEIVED JUN 2 2 ,2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. BRIAN D MCWILLIAMS Defendant(s) PNC BANK CITIZENS BANK MEMBERS I ST FCU Garnishee(s) Civil Action No. 09-8035 CIVILTERM A"we f5 -?v INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: 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 W WR No. 7634212 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-8035 CIVILTERM BRIAN D MCWILLIAMS Defendant(s) PNC BANK CITIZENS BANK MEMBERS 1 ST FCU Garnishee(s) TO: PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 CITIZENS BANK, 665 NORTH EAST ST, CARLISLE, PA 17013 MEMBERS 1 ST FCU 1711 SPRING RDCARLISLE, PA 17013 RE: BRIAN D MCWILLIAMS, 718 OLSON DR, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-5557 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. W WR No. 7634212 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)? 'V d 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. N0 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. 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? ho 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? Y10 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? mo 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? W 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. ti 0 W WR No. 7634212 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. YIS 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. n1A 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. ) jn 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? NIA 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. FU ) fib Skcwn f WELTMAN, WEINBERG & REIS CO., L.P.A. By: \,. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. WWR No. 7634212 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 Kelly L Hall (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Tale) (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. ( GN*U) I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff(s), vs. BRIAN D. MCWILLIAMS Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. NO.: 09-8035 CIVIL TERA !L Answers to Interrogatories m cz e- , cn te r\3 '? - :? r -CO --? r -, Code: 200 Execution moo =-' CD ) ---? cam! ?'; Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff(s), VS. BRIAN D. MC WILLIAMS Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. NO.: 09-8035 CIVIL TERM ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1-12) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The garnishee, Citizens Bank of PA, states that it maintains a checking and savings account in the name of the Defendant, BRIAN D. MCWILLIAMS, with a combined balance of $12.19, which is less than the $300.00 statutory exemption and the $125.00 garnishee's processing fee. Therefore, no funds are available subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY ) NO.: 09-8035 CIVIL TERM Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Christina Graham who being duly sworn according to the law deposes and says that she is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. e Christina Graham Sworn and subscribed before me this 5_ day of ?l> , 2011. Certificate of Service I, Christina Graham, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 15t' day of July, 2011. WELTMAN, WEINBERG & REIS 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 l- Christina Graham WELTMAN, V','EINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42.524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.0 =.7955 Fax: 412.y?4.7959 File # 76342.12 CAPITAL ONE BANK (USA),NA vs. Attorney for Plaintiff(s) M c - its C? nno -,, Zp CZ) C`+ ?C - ?r• -i Cumberland County - W Court of Common Pleas CO BRIAN D V V ILLIAMS NO. 09-8035 CIVIL'TERM and PNC BANK ClIVENS BANK AND MEMBERS 1 ST FCU Garnishf-.(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE, PROT` IONOTARY: Kindly ioarked the above matter discontinued and ended as to Garnishee(s), PNC BANK CITIZENS 9ANAND MEMBERS IST FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to an(, subscribed Before me ho 3-_ day of August, 2011 OTARY 'P BL)(' .. ..:,fit JamesXC Warmbrodt, Esquire Atto v for Plaintiff aA'Alt-Lb 12 a ot C?? ym? s q atoa9 $l WRIT OF EXECUTION and/or ATTAC14MENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8035 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From BRIAN D MCWILLIAMS, 718 Olson Drive, Carlisle, PA 17013 (1) You acre 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, 105 NOBLE BLVD., CARLISLE, PA 17013 CITIZENS BANK, 665 NORTH EAST STREET, CARLISLE, PA 17013 MEMBERS 1sT FCU, 1711 SPRING ROAD, 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 $4,219.11 L.L. S.50 Interest 5346.78 Atty's Comm % Due Prothy $2.00 Atty Paid $152.90 Other Costs Plaintiff Paid Date: 6/17;11 David D. Buell, rothonotary (Seal) By: Deputy REQUESTING 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 TRUE COPY FROM RECORD M Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This 1-1 dayof tune. , 20 11_ Prothonotary ??ta(Ge Q- F(?a? ?P?/ Supreme Court ID No. 90963 T. vA ? a it s,. ? y"1a. r? Roriny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY d OrP `" JAq 25 AM 91: ~?'BEfil.??u .al;tJtt I 'P PEMNSYI VAN!,, Capital One Bank (U.S.A.) N.A. vs. Brian D. McWilliams SHERIFF'S RETURN OF SERVICE Case Number 2009-8035 06/22/2011 10:06 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013 Cumberland County, by handing to SHERI GUTTSHALL, BRANCH MRG, personally 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 June 23, 2011 to Brian D. McWilliams at 718 Olsen Drive, Carlisle, Pennsylvania, 17013. 06/22/2011 10:39 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1st FCU at 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to DEB FLORLES, BRANCH MRG, personally 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 June 23, 2011 to Brian D. McWilliams at 718 Olsen Drive, Carlisle, Pennsylvania, 17013. 06/22/2011 10:30 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to JESSICA WEBB, TELLER MRG, personally 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 June 23, 2011 to Brian D. McWilliams at 718 Olsen Drive, Carlisle, Pennsylvania, 17013. 01/23/2012 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: $200.31 SO ANSWERS, January 23, 2012 RON ~ R ANDERSON, SHERIFF a% 106) fro l f. fv t ??' is" 7