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HomeMy WebLinkAbout09-8714IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: bq_ 8gIq 0,ivil Teru+ vs. COMPLAINT IN CIVIL ACTION KIRK A GITT 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 07773179 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 KIRK A GITT 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: KIRK A GITT 1863 WALNUT BOTTOM RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7662 . 4. Defendant made use of said credit card and has a current balance due of $3330.01 , as of November 24, 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 23.100. per annum on the unpaid balance from November 24, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , KIRK A GITT , individually , in the amount of $3330.01 with continuing interest thereon at the rate of 23.1000 per annum from November 24, 2009 plus costs. fames C. pVLrmbrodt,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Seve/ftitIll Avenue, Suite 1400 Pittsb g , PA 15219 (412) 3 -7955 FAX: -338-7130 0777 9 C N Pit KMJ This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Previous Balance Payments 8 Credits FINANCE CHARGE Transactions New Bafarm Minimum Payment Due Date $2,320.70 - $0.00 D I L_!5037-C$39.00 = $2,410.07 $268.00 DeC. 19, 2008 Oct. 24, 2008 - Nov. 24, 2006 Page 1 of 1 Mask4Qrd Platinum Accourtt 5176-0573142&7882 Your Acoount Information TOTAL CREDIT UNE $2,000.00 TOTAL AVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $2,000.00 AVAILABLE CREDIT FOR CASH $000 F Charges (Please see reverse for important information) Balance rate Perodc Comesponcirg FNANCE apphed to rate APR CHARGE $1,95365 006685%D 2440% $3987 $49101 O 0DR15% D 2440% S10.50 PERCENTAGE RATE applied this period: 24.40% c At You Service - Go to msvw wAibroxom b manage yW W00A -Din lbW9D33g7brepotabsla Aobr.cad or ch>l]+siomar RehYa s ® Pay Oltlltei9 nxvcre ObraoomorIrWymrpaynentm: L8P11a Ora Back (USA), NA - P 0 Box 71083 • QaabtIs, NC 292721083 Seed Ingarkies to: OuWA Dre, P D Sac 30285 • Sat Lde City, UT 841300285 ® Ham a question about a charge on yow sale are Please refer to the Blhng Rights Summay on the back of your sfatement or vise www.aautalone.can/clgfhutes REASE PAY AT L9 1115 AMOUNT You're behind oy three payment But you can bring your account current by paying the mumum payment amount on yor statement. If youte hai nig fnarcrol dffic !tiro and you're f salrTg aRrwheinned - we want to help Qve one of our associates a cal at 1 BUJ 955 65DJ You'd be summed what we can do together to work this out. Credits & Adiushnents, Transactions 1 17 NOV PAST DUE EE $3900 Lkder terms prey m* disdosed to you, some or al of your Arhrnat Percentage Rates (APRs) have been roreasad srrce your sccount was past due twice n the past 12 bating cycles If you rates have already Increased, subsequent defngaarms extended the darabon of the Increased rates Remember If we receive you mmmum monthly payment on trm s for 12 carsealue bAng cycles, this account coil be renewed for a possble return to your Ncin-Introclux" APR, You account has gore over is aedt lunch To avod add" overYrd fees, you shoes pay more than the Mormun Payment Please pay enough to bmg you account balance below Your crecit Iml mmediatelrr, and make sue your account bad oe rerrans below your cre316mrt Please be sue the amount you pay accounts for any filue purchases, fees, and prance charges You were assessed a past die fee because your mnmum payment was not rei by the due date To avoid this fee in the future, we recommend that you albw at least 7 business days for your mnmum payment to reach Capital One 1 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONEiCOM TO MAKE YOUR PAYMENT ONLINE 7773179 1 5178057314267662 23 2410070022000268004 Cam{ y1 Account Number. 5178-0573-1426-7662 Due Date New Balance Minimum Payment Amount Enclosed Dec. 19, 2008 $2,410.07 ( $268.00 ?? PLEASE PAY AT LEAST THISAMOUNT #9033062454451867# KIRK A GITT 99 W MAIN ST WALNUT BOTTOM, PA 17266-9702 11d..IIII,1-11'I1-11-1-111-1d1.111 lPllullnl11.11 llul.alllli Lend a hand. Save the land. Manage your account online totiay- it's fast, easy and secure. © Pay online anytime-no more checks, stamps or clutter 0 Moving? Change your address online or on the back H.dp save the planet Go paperless © Sign up at www capitalone com Capital One Bank (USA), N.A. P.O. Box 71063 Charlotte, NC 26272-1063 II I IIII.I I I-.NIIII IIIIlplnnlhlll..II11.111.111111lllh1-IIII Please make checks payable to Capital One Bank (USA1r NA and marl with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KIRK A GITT 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: ! U A049 WELTMAN, WEINBERG & REIS CO., L.P.A. OS T TI 10190:0 13 MI1: 40 +901,00 pp ATW ?? ?3?alt?,?89a1g5(o R? aasara.o 1~1~~s~'~3 ;,~ ~• C', ~ _ 'aY ti,P ~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. KIRK A GITT Defendant No: 09-8714 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 07773179 C N Pit CFR Judgment Amount $3563.56 ~I~. oo P ~ -~`~`~ e~ ~{a.~ao8q ~~ across ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs KIRK A GITT TO THE PROTHONTARY: Civil Action No. 09-8714 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant KIRK A GITT above named, in the default of an Answer, in the amount of $3563.56 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $2883.02 from November 24, 2009 @ the interest rate of 23.1000 Attorney's fees TOTAL $3330.01 $0.00 1 balance of to April Ol, 2010 per annum $233.55 $0.00 $3563.56 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & R.EIS CO., L.P.A. By: James C. W mbrodt,425 07773179 ~ N Pit CFR Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, A 15219 And that the last known address of the Defendant is KIRK A GITT 1863 WALNUT BOTTOM RD NEWVILLE, PA 17241 ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-8714 CIVIL TERM KIRK A GITT NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on ,~/az.~/~n (xx) Assumpsit Judgment in the amount of $3563.56 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothono,~ry By: DEPUTY KIRK A GITT 1863 WALNUT BOTTOM RD NEWVILLE, PA 17241 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs KIRK A GITT Civil Action No. 09-8714 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant KIRK A GITT is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. KIRK A GITT 1863 WALNUT BOTTOM RD NEWVILLE, PA 17241 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUBS BED in my presence this _ ,, ~ '~' `~ day o.~ e ~ ~~..~--1--~ ~ _ ~ ~!_ ~~ C:fi-UlM4~hlW~A H F P M1IAI V.hPt1/~ ~,., Nciaritl S~rl t~leyne t~. lonta, Notary public City of Pift~burgh, Allegheny County MY Corr~mia~icn ~~ine~ ,hint 28, 2010 = Member, ?tnnatirl~ianie Assoclat~on of M1iotaries Request for Military Status Department of Defense Manpower Data Center ~+~,,,,~ Military Status Report ~'~ r Pursuant to the Service Members Civil Relief Act `>.~, .,f Page 1 of 2 Apr-13-2010 06:57:17 '~~ Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc g Y GITT KIRK A Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~. ,-~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS;- database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defen_selink.mil/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 4/13/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check. to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:I99GSA4U4R https://www.dmdc.osd.mil/appj/sera/popreport.do 4/13/2010 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. KIRK A GITT Defendant TO: KIRK A GITT 1863 WALNUT BOTTOM RD NEWV(LLE, PA 17241 _ Date of Notice: Case No. 09-8714 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG &REIS CO., L..P.A. BAP.' !/ . Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG &REIS CO., L..P.A. Phone: (412} 434-7955 7773179 N PIT G46 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8714 Civil CIVIL ACTION - LAW TO THE SHERIFF OF FRANKLIN COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA) N.A. - 15000 Capital One Drive, Richmond, VA 23238 Plaintiff (s) From KIRK A. GITT - 1863 Walnut Bottom Rd., Newville, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell any and/or all personal property belonging to the defendant(s) in possession of the garnishee(s) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PATRIOT FEDERAL CREDIT UNION -140 S. Federal St., Chambersburg, PA 17201 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 $3563.56 L.L.$.50 Interest $363.78 Atty's Comm % Due Prothy $2.25 Atty Paid $194.30 Other Costs Plaintiff Paid Date: 1/17112 , . _ David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name William T. Molczan, Esquire Address: WELTMAN, WEINBERG & REI S 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 CAPITAL ONE BANK (USA) N.A. Plaintiff No. 09-8714 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX (BANK ATTACHMENT ONLY) KIRK A GITT Defendant PATRIOT FEDERAL CREDIT UNION, Garnishee, 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#07773179 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ,??e--t ope -Dri ue, Eichmnncl, Vii A5A g - I5DOo e 3(f o p CAPITAL ONE BANK (USA) N.A. Plaintiff vs. Civil Action No. 09-8714 CIVIL TERM - 196 3 u?/al.?? f $o?"t or» ??1. , A PWiAG ?7 KIRK A GITT Defendant <FedergZ 5/ . Cham 69,s bV rJi S . PATRIOT FEDERAL CREDIT UNION, - NO Garnishee PRAECIPE TO INDEX WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX -.O :K c TO THE PROTHONOTARY: =M = - Kindly issue a Writ of Execution in the above matter... X 1. directed to the Sheriff of FRANKLIN County: -<?' --? t ? --? 2. against KIRK A GITT, Defendant 3. against PATRIOT FEDERAL CREDIT UNION, Garnishee 4. and enter this writ in the judgment index 5 c:? r a > r (a) against KIRK A GITT, defendant, and « (b) against PATRIOT FEDERAL CREDIT UNION, as garnishee, - ?' - as a lis pendens against real property of the defendant in the name of garnishee as follows: Any and/or all personal prWeM belonging to the defendant(s) in possession of the garnishee(s). 5. Judgment Amount $ 3563.56 Interest $ 363.78 Costs $ SUBTOTAL: $ 3927.34 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. _ a9, 00 Pd? By: i? 144-1? 56 80 C B? William Mol an, Esqu' q' A• 0 0 PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. j ?(• 00 1400 Koppers Building -/? - 436 Seventh Avenue qt/. 30 ?vc?-( J Pittsburgh, PA 15219 (412) 434-7955 ?. As dde Ct7, .5v G L p fo3i aN7 R#112G 9 801 yc/r, - of FX. I so ed r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL DIVISION CAPITAL ONE RANK (USA) N.A. KIRK A GITT Defendant and PATRIOT FEDERAL CREDIT UNION Garnishee ,Ans W eks 40 INTERROGATORIES IN ATTACHMENT PATRIOT FEDERAL CREDIT UNION w o..J ?.r..? c xs Y, FILED ON BEHALF OF: Plaintiff cs a_ COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I.D. #47437 WELTiMAN, WEINBERG & REIS CO.. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1:-)219 (412)434-7955 WWR407773179 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff Dcfendant and PATRIOT FEDERAL CREDIT UNION Garnishee TO: PATRIOT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-3574 140 S FEDERAL S1' CHAMBERSBURG, PA 17201 RE: KIRK A GITT 127 LONG ROAD APT 3 NEWVILLE, PA 17241 IMPORTANT NOTICES TO GARNISHEE! A. y'ou are required to file answers to the following interrogatories within twenty (20) days after ;crti ice iipon you failure to do so may result in Judgment against you. B. I lerein, 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 annourts deposited and withdrawn during the intervening period. 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)? ?Lo .._ ..; ?ti?b?et' .J 3(iCe1rC?,?litjl"Y ! 1:? 1Cs ii;4. a:ill77ialiY"', 5ia1`t 1(3e Y=J1lUbtilil?. ':11C lii3?)tllli of money :tou cwe; or owed to defendant, and, if such money is in the fc rm 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. SkidrnjS occot,-f xx.XXX)C 0,7.?S - bofailte s L1 00 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. All) 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? Ald 4. /`,i the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? ,ld 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? Ald 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? N0 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 eV:mption, theanoviloWgwithheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. Aj 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. GtJc°.Sf?SlioreG. ?s? hL.. ?l?ctlDn?G Qe?pasi? b%-?'?Ql?fy (Payroll) 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. /-31-/Z S'! jp am f 1. If the response to Interrogatory 7 is in the affirmative, are other funds comingied 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? A/11 12. If the response to Interrogatory 1 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. A/ A WELTMAN, WEINBERG & REIS CO., i_.P.A. 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 WWR#07773179 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating (Name) Step Or fi)1 s? ?) of?Arid ? (611 , 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. v (SIGNATURE) rVDiIJ/ LuIL/-VtvtV 1 1:13 Hx YYYYK-rILLSK)Urgn PRA 1V U, 41L4J41??? r. uul IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff Vs. KIRK A GITT Defendant and PATRIOT FEDERAL CREDIT UNION Garnishee No, 09-8714 CIVIL TERM ,o ? `b AMENDED INTERROGATORIES IN ATTACEUKENT PATRIOT FEDERAL CREDIT UNION C-) c-a N --3 Y F rnF x ic) FILED ON BEHALF OF; Plaintiff c ? COUNSEL OF RECORD OF n a THIS PARTY: ?< William T Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG &. RBIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07773179 Y +++u/ 1Ji LU1 L?+?+U+? 11 JJ nlrl ""fffflfra U vui7R1'++in"'i"L;-YI LTJTtU.fJ - + VUL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CI'V'IL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. KIRK A GITT Defendant and PATRIOT FEDERAL CREDIT UNION Garnishee Civil Action No.: 09-8714 CIVIL TERM TO: PATRIOT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-3574 140 S FEDERAL ST CI.IAMBERSBURG, PA 17201 RE: KIRK A GITT 127 LONG ROAD APT 3 NEWVILLE, PA 17241 DDORTANT 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. 13. 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. 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)? es 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 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. ?Sootn9.3 aecovn?- bq(ance. a,s of Z//,3/2v/ z r 1 ?7,5? Ta-- X>O<>-"Vx o 9 -? S) 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. Al 6 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? /UO 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? Ala 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? Al a 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? 1Vd 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. //a FEB/13/2012/M01,1 11:35 AM WWR-Pittsburgh FAX No.4124347959 P.004 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. l / E'l,,c 1 ro n , G DeP OJ I ? b 9. If the answer to Interrogatory i is in the affirmative, state the date the sheriff served these interrogatories on this institution, 1-30-IL / 0 ". (0 , I/ ? a, /"'t , 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. ?-31-I Z '? ; /o a,m , 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 finds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? /U A 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. A WELTMAN, WEINBERG & REIS CO., L.P.A. By. William T Molczan, Esquire PA I. D. #4743 7 WELTMAN, WEIN13ERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07773179 FEB/13/2012/01 11:36 AM WWR-Pittsburgh FAX No.4124347959 VERIFICATION P. 005 The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she isi C/1 ??e ra n 7? (Name) 1 of P?'t?- 4 f F??ra / ?odr???? garnishee herein, ?u v /T 14h 0 ??s * 71- itle} (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. (SIGNATURE) `.} 1 i . 1-N I'll V I- a;-F1 , IN THE COURT OF COMMON PLEAS CLIMB *L AN D Z;&R*2 k0S+i,"NIA CIVIL DIVISION CUMBERLAND COUNT,t. PENNSYLVANIA CAPITAL ONE. BANK (USA) N.A. Plaintiff VS. KIRK A GITT Defendant PATRIOT FEDERAL CREDIT UNION Garnishee Civil Action No. 09-8714 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, PATRIOT FEDERAL CREDIT UNION, in the amount of $827.57, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?)J, William T Molczan Esquir PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 (?r?-?- ? ??• Sp pct W WR#07773 l 79 C ?!? 3 la S I hereby certify that the address of the Plaintiff is: ?- 4" Q-115-o c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 140 S FEDERAL ST, CHAMBERSBURG, PA 17201 Nofi'C.e KCI.c Lad rC13%1J/LUIL/:vil11V 11.7 H1Y1 444411-CILLswrgn rKA nu, 41L4?4fJDJ C. UU1 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (-SA) N.A. Plaintiff Vs. KIRK A GITT Defendant _ ?... and--- --._. PATRIOT FEDERAL CREDIT UNION Garnishee No. 09-8714 CIVIL TERM ...V,.nr..,..i AMENDED INTERROGATORIES r, n ? -?? ATTAC$MENT M rv PATRIOT FEDERAL CREDIT UNI x'v r.. Cxa tsrn ??„ ? Ica <p 3 a z c? = C.) -`' -a CD FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA T.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1 400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07773179 +L. U/ 1J/ Lv1L/=+V+? 11 ?JJ T16 "' I rr= r 1 O V:J77M,6L1 hill "i?L"'T1 LTJ21 J.lJ - 1 VUL - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. KIRK A GITT Defendant and PATRIOT FEDERAL CREDIT UNION Garnishee Civil Action No.: 09-8714 CIVIL TERM TO: PATRIOT FEDER,,ALCREDIT UNION Suggested Reference No.: XXX-XX-3574 140 S FEDERAL ST CHAMDERSBURG, PA 17241 -« R RE: KIRK A GITT 127 LONG ROAD APT 3 NEWVILLE, PA 17241 DgPORTAN°T 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 defendanMrM©mes 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 'w'ithdrawn during the intervening period. 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)? Ies Ia. 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. .Sootn93 areoun4- &T(anc- a?s ai almlzo/Z 07,5 ',(-tt )o09cXX a9 ? s) 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. m?.., W. ?,.., .......;_,....?_,. _., w r_ ?A 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? /VD 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? Ala 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? Ala 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? 1Vd 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. //0 FEB%13/2012/MMN 11:35 AM M-Pittsburgh FAX No.4124347959 P. 004 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. Eler/r-'o/?, G Dep `wee, tl'AaY -p ?? ?TSfi0?ea/Sir)c 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 1-30-IL / 0'-.2 & ; V F a, Nt 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. k, /o Q,M , 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 hinds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? IU A 12. If the response to Interrogatory l 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. A / /v 14 WELTMAN, WEINBERG & REIS CO., L.P.A. .^-- B y: 14 -11' Wil lam T Molezan, Esquire PA I.D. #47437 WELTM:AN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07773179 FEB%13/2012;MON 11:36 AM WWR-Pittsburgh FAX No,4124347959 P,005 VERIFICATION The undetsigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is /?i C/?? ??? Ta n 7' (Name) 7t-, f ?G' ?r r o f eael a / odif ?n a? garnishee herein, U or ( itle) (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. (SIGNATURE) IN THE COURT OF COMMON PLEAS CUMBG NO COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff VS. KIRK A GITT Defendant PATRIOT FEDERAL CREDIT UNION Garnishee Civil Action No. 09-8714 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on bZ -7 ?P (xx) Assumpsit Judgment in the amount of $827.57 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary 1 By: PROTHONOTARY (OR DEPUTY) Patriot Federal Credit Union 140 S Federal St Chambersburg, Pa 17201 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 # 7773179 'rc FROTHONOTAR- Attorney for Plai"MOAR 16 FM f ; 00 CUMBERLAND COUNTY PENNSYLVANIA CAPITAL ONE BANK (USA),NA VS. KIRK A GITT and Cumberland County Court of Common Pleas NO. 09-8714 CIVIL TERM PATRIOT FEDERAL CREDIT UNION Garnishee(s) PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), PATRIOT FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By _ James C armbrodt, Esquire Attorne r Plaintiff Sworn to and su ribed Before m the day of March, 2012 OTARY LIC r Notarial Seal L Gault, Notary Public L0 g , AllMhoW County cdnn Fxokm ]Illy 15. 2014 b? ao a Q.s°pd a1 Ckt*10(4639aa e+ a-7 950 )