HomeMy WebLinkAbout10-1815
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
VINCENZO DEVITA
ANYA M FOUST
Defendants
No: ID - IeS Oi v i L?trw
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
07678687 C N Pit EMR
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs. Civil Action No
VINCENZO DEVITA
ANYA M FOUST
Defendants
COMPLAINT AND NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the
claims set forth in the following 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, HSBC BANK NEVADA, N.A. is a corporation with offices at
1111 TOWN CENTER DR. LAS VEGAS NV 89193 .
2. Defendants are adult individual(s) residing at the address listed
below:
VINCENZO DEVITA
37 BURGENERS MILL RD
CARLISLE, PA 17015
ANYA M FOUST
1414 BRADLEY DRIVE UNIT G
CARLISLE, PA 17013
3. Defendants applied for and received a credit card bearing the
account number XXXXXXXXXXXX1811 . A copy of the Plaintiff's Statement
is attached hereto, marked as Exhibit "1" and made a part hereof.
4. Defendants made use of said credit card and has a current balance
due of $8851.59 , as of February 19, 2010 .
5. Defendants are in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
6. Although repeatedly requested to do so by Plaintiff, Defendants
have willfully failed and/or refused to pay the balance due to
Plaintiff.
Wherefore, the Plaintiff prays for judgment in its favor and
against Defendants , VINCENZO DEVITA AND ANYA M FOUST , jointly and
severally , in the amount of $8851.59 with continuing interest thereon
at the rate of 6.000. per annum from date of judgment plus costs.
James
WELTM
436 S
Pitts
(412
FAX:
0 7 6 8
This law firm is a debt collector att
our client and any information obtain
War=roat, 41524
WEINBERG & REIS CO., L.P.A.
th Avenue, Suite 1400
h, PA 15219
-7955
-338-7130
C N Pit EMR
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ill be used for that purpose.
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EXHIBIT
t
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. Section 4904 relating to unworn
falsification to authorities, that he/she is, MICHELLE THOMAS, employee, of HSBC BANK NEVADA,
N.A., plaintiff herein, 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.
MICffLLE THOMAS
07678687
811
$8851.59
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~~~j}-~~"r1G~
Sheriff (( '~r ~~n ~~PJO?'AF.Y
~gtt11[~ pi iL4t~Gr~/~?
Jody S Smith '~~ A r
Chief Deputy ~~ ~~}~~~ . ~ ~ ~~~'~~ ~ ~ ~ ~
Edward L Schorpp ~ ~~~ ' ~,. ;fir
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Solicitor ~~ ~ ~.~~4.~ ~ ~~p~~ r ,
f~_ _ -
HSBC Bank Nevada, NA
vs. Case Number
Vicenzo Devita (et al.) 2010-1815
SHERIFF'S RETURN OF SERVICE
03/15/2010 06:58 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 15,
2010 at 1858 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Vicenzo Devita, by making known unto himself personally, at 37 Burgners Mill Road,
Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him
personally the said true and correct copy of the same. J/, ,,
~~ ~~~.
NOAH CLINE, DEPUTY
03/15/2010 05:15 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 15,
2010 at 1715 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Anya M. Foust, by making known unto herself personally, at 1414 Bradley Drive Unit
G311, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
e i/ -
NOAH CLINE, DEPUTY
SHERIFF COST: $54.80
March 16, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
~c~ Coun?yS~.~ite Sherff. Te,ISOSU?'f. In;;_
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
VINCENZO DEVITA
Defendant
No: 10-1815 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
07678687 C N Pit JAM
Judgment Amount $8851.59
~d ~/r~. lrD ~'~ G~arnb~o~l~
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HSBC BANK NEVADA, N.A.
Plaintiff
vs.
VINCENZO DEVITA
TO THE PROTHONTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 10-1815 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant VINCENZO DEVITA above named,
in the default of an Answer, in the amount of $8851.59 computed as follows:
Amount claimed in Complaint $8851.59
Less payments / adjustments made $0.00
Attorney's fees $0.00
TOTAL
$8851.59
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 & REIS CO., L.P.A.
By:
James C. W ro ,
07678687 N it JAM
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400 Pittsburgh, PA 5219
And that the last known address of the De e ant is
VINCENZO DEVITA
37 BURGENERS MILL RD
CARLISLE, PA 17015
HSBC BANK NEVADA, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
vs. Civil Action No. 10-1815 CIVIL TERM
VINCENZO DEVITA
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 ~~/~/~~
(xx) Assumpsit Judgment in the amount of $8851.59 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
Prothonotar~~ ~`7
By:
VINCENZO DEVITA
37 BURGENERS MILL RD
CARLISLE, PA 17015
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
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
VINCENZO DEVITA
ANYA M FOUST
Defendant
Case No, 10-1815 CIVIL TERM
IMPORTANT NOTICE
TO:
VINCENZO DEVITA
37 BURGENERS MILL RD
CARLISLE, PA 17015 i
Date of 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, WEJA1{~ERG & REIS CO., L.P.A
By: _ i y
Matthew Urban 'T
P.A.I.D.# 90963
WELTMAN, WEINBERG & REIS CO., L.P,A.
438 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
7678687 N PIT G4B
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs. Civil Action No. 10-1815 CIVIL TERM
VINCENZO DEVITA
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 VINCENZO DEVITA 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.
VINCENZO DEVITA
37 BURGENERS MILL RD
CARLISLE, PA 17015
is not in the military service. Further Affiant sayeth naught.
Request for Military Status
' Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Jul-02-2010 07:04:18
'~. Last
N FirstlMiddle Begin Date Active Duty Status Active Duty End Date Service
A
ame enc
DEVITA VINCENZO 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).
~. ~i-~-
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 htt~//www.defenselink.mil/facL/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/scralpopreport.do 7/2/2010
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:U25E2EFU2V
https://www.dmdc.osd.miUappj/scra/popreport.do 712/2010
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-1815 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK NEVADA, N.A. Plaintiff (s)
From VINCENZO DEVITA, 37 BURGENERS MILL ROAD, CARLISLE, PA 17015
(l) 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:
ORRSTOWN BANK, 77 EAST KING STREET, SHIPPENSBURG, PA 17257
M&T BANK, I WEST HIGH STREET, CARLISLE, PA 17013
and to notify the garnishee(s) ghat: (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$8,851.59
Interest
Atty's Comm %
Atty Paid $195.80
Other Costs
Plaintiff Paid
Date: 6/24/11
L.L. $.50
Due Prothy $2.00
uell, Prot notary
(Seal)
REQUESTING PARTY:
Name MATTHEW D. URBAN, ESQUIRE
By:
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BUILDING, 436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Deputy
Supreme Court ID No. 90963
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
Civil Action No. 10-1815 CIVIL TERM
VINCENZO DEVITA
ANYA M FOUST
Defendants
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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 VINCENZO DEVITA, Defendant
3. against ORRSTOWN BANK and M&T BANK, Garnishee
4. Judgment Amount $ 8851.59
Interest $ 485.99
Costs $
SUBTOTAL: $ 9337.58
Costs (to be added by Prothonotary): $
S-z ? WELTMAN, WEINBERG & REIS CO., L.P.A.
emu. SO rpJ I
Suf. &) C8t` By:
q A DU t? MATTHEW D. URBAN, Esquire
y. av u q PA I.D. #90963
it. 00 1, WELTMAN, WEINBERG & REIS CO., L.P.A.
It 1400 Koppers Building
a. S? 436 Seventh Avenue
Pittsburgh, PA 15219
OLt-4c (412) 434-7955
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff No. 10-1815 CIVIL TERM
vs. PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
AS TO VINCENZO DEVITA ONLY
VINCENZO DEVITA
ANYA M FOUST
Defendants
ORRSTOWN BANK ?rte
M&T BANK,
D
z +?
Garnishee, EO "?4 O?
FILED ON BEHALF OF yo of'"
Plaintiff y,Z w
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
WWR#07678687
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
C C-%
Sheriff
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Jody S Smith r c- 2 .
Chief Deputy ter--
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Richard W Stewart j
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Solicitor q -n
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HSBC Bank Nevada, NA I
vs.
Vicenzo Devita (et al.)
SHERIFF'S RETURN OF SERVICE
SO ANSWERS,
4Z 4
RON RA DI
06/30/2011 04:32 PM - Shawn Harrison, 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, Orrstown Bank at 77 E King Street, Shippensburg
Borough, Shippensburg, PA 17257, Cumberland County, by handing to CHRISTINE YOHE -
TELLER/CSR, 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 July 5, 2011 to Vicenzo Devita at 37
Burgeners Mill Road, Carlisle, Pennsylvania, 17015.
07/01/2011 02:56 PM - Dennis Fry, 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA
17013, Cumberland County, by handing to DONNA EGOLF TELLER, 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 July 5, 2011 to Vicenzo Devita at 37
Burgeners Mill Road, Carlisle, Pennsylvania, 17015.
SHERIFF COST: $331.53
July 05, 2011
Case Number
2010-1815
, SHERIFF
Sh?/t£n'i Harri son, Deputy Sheriff
Den"is Fry, qxrout'y-Sheriff
(c) C01'MySWte Sheriff Teleosoft Ine
C Q
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLW%Nlk
CIVIL DIVISION r-
r x
HSBC BANK NEVADA, N.A.:
p ? xv
Plaintiff No. 10-1.815 CIVIL TERM
An,-u s 'Fo . X-
vs. INTERROGATORIES IN ATTACHMENT
ORRSTOWN BANK
M&T BANK
VINCENZO DEVITA
ANYA M FOUST
Defendants
and
ORRSTOWN BANK
M&T BANK
Garnishees 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
WWR#07678687
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
VINCENZO DEVITA
ANYA M FOUST
Defendants
and
Civil Action No.: 10-1815 CIVIL TERM
ORRSTOWN BANK
M&T BANK
Garnishees
TO: ORRSTOWN BANK Suggested Reference No.: XXX-XX-3594
77 E KING STREET
SHIPPENSBURG, PA 17257
M&T BANK
1 WEST HIGH STREET
CARLISLE, PA 17013
RE: VINCENZO DEVITA
37 BURGENERS MILL RD
CARLISLE,PA 17015
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
INTERROGATORIES IN ATTACHMENT
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to h' for any reason (including funds on deposit for checking or savings accounts and certificates of
deposit)? (c)
I 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 ounts that defendant claims or
claimed that you o e or owed to him; and the nature and amount of each of such lia OO? T
0
r
Cy or
2. At the time you were served or at any subsequent time was there in your po?V924
control of yourse f and one or more other persons any property of any nature owned solelyo 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 own d 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 defer ant 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 per on or place pursuant to your directions or consent and if so what was the consideration thereof?
V
6. At any time after you were served did you pay, transfer, or deliver any money or property to the
defendant or to a y person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you? 1
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 o funds in each account, and the entity
electronically depositing those funds on a recurring basis.
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 exempt rider 42 Pa.C.S. § 8123? If
so, identify each account.
Te
?.9 0,6
X10
9. If the answer to Inte ogatory I is in the affirmative, state the date the sheriff served tl
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 depo it, or other funds were frozen, restricted, or otherwise put on hold by this
institution.
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 ftmds that upon deposit
are exempt from execution, levy or a chment under Pennsylvania or federal law?
Q
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:
MATTHEW D. URBAN, Esquire
PA 1. D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#07678687
VERIFICATION
The undersigned does hereby verify subject to the pe t' s of 18 PA. C.S. 4904 relating
Veissa M. Peters
to unsworn falsifications to authorities, that he/she is M&T Bank
r (Name)
LCIL
of 4, , 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 ' ormation and belief.
JUL - 8 2011 (SIGNATURE)
WELTMAT WEINBERG & REIS CO., L.P.A.
BY: James C W, rmbrodt, Esquire
J.D. No.42".'.4
436 SeventL Av:;nue, Suite 1400
Pittsburgh, FA 1.;219
Phone: 412.434.7955
Fax: 412.434.7959
File # 767F? 87
HSBC BANK N,VADA, N.A.
vs,
VINCENZ(2 D"XITA ANYA M FOUST
ano
ORRSTOW;N B ?,NK, M & T BANK
Gari,?sr-, e(s)
Attorney for Plaintiff(s)
C
,
O C:)
Cumberland County --
Court of Common Pleas -<;
NO. 10-1815 CIVIL TERM
PItAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
f0 THE P:?OTHQNOTARY:
Kindly marked the above matter discontinued and ended as to Garnishee(s), ORRSTOWN
BANK, M& T BANK, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Sworn to and suFwribed
Before me „te Zl day July, 2011
NO RY Ir,_1
JameWarmbrodEsquire
Atto y for Plaintiff
COMMONWEALTH OF
~Notarial Sea! - I ask S? ?? Q(
Wayne. A. Jones, Notary Public I
City of Pittsburgh, Ailegheny County Icu orw,4.a
My Commission Expires June 29, 2019
Member. Pennsvivanla Assodation of Notancs {j LL 6 a s
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Anderson
S Smith
;f Deputy
.chard W Stewart
Solicitor
??t`}t?,r, ?t 4?rlrrrt+r??7,
f?
OFF F -,.c --. RIFF
(lF THE NONOTAR-1,
2012 FEB 21 AM 8:13
CUMBERLAND COUNTY
PENNSYLVANIA
HSBC Bank Nevada, NA
Vicenzo Devita (et al.)
VS.
Case Number
2010-1815
SHERIFF'S RETURN OF SERVICE
06/30/2011 04:32 PM - Shawn Harrison, 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, Orrstown Bank at 77 E King Street, Shippensburg
Borough, Shippensburg, PA 17257, Cumberland County, by handing to CHRISTINE YOHE -
TELLER/CSR, 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 July 5, 2011 to Vicenzo Devita at 37
Burgeners Mill Road, Carlisle, Pennsylvania, 17015.
07/01/2011 02:56 PM - Dennis Fry, 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA
17013, Cumberland County, by handing to DONNA EGOLF TELLER, 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 July 5, 2011 to Vicenzo Devita at 37
Burgeners Mill Road, Carlisle, Pennsylvania, 17015.
02/17/2012 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: $157.59
February 17, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
S"D L? ?c?l
?7
CcumySltte She'll Ie r? ffl.lee.