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Home My WebLink About10-2804//11 RLED u? FCC tARV 2010 APR 27 AN 104- 00 CUB" ;u VTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: l0 - 0180' 0"'; VS. COMPLAINT IN CIVIL ACTION JOSEPH E KANN 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 08178528 C A Pit EMR a.00 PK1 A1'h1 e? 4S4cd94q QY ay I a0a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JOSEPH E KANN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult: individual(s) residing at the address listed below: JOSEPH E KANN 746 MARKET ST LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4503 . 4. Defendant made use of said credit card and has a current balance due of $4155.07 , as of February 10, 2010 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 28.9906 per annum on the unpaid balance from February 10, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , JOSEPH E KANN individually , in the amount of $4155.07 with interest at the rate of 28.990% per annum from February 10, 2010 plus attorneys' fees of $125.00 , and costs. fames c WELTMAN 436 Sev Pittsb (412) FAX: 4 08178 This law firm is a debt collector attemp our client and any information obtained. EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 , PA 15219 7955 38-7130 C A Pit EMR to collect this debt for be used for that purpose. V W%r 4 • 161% $0.00 1 $956.00 ! Enter Amoun, Enclosed Below CARD - -- ------ --' Payment Due Date $ (' 1 C:. February 26, 2010 l\ ' 31 SDSN6A01 0005729 JOSEPH KANN Go paperless and make your account 746 MARKET ST information more secure with password- LEMOYNE PA 17043-1515 protected statements only you can access. Learn more at diSCover.com/paperless. PO BOX 6103 IIL??IL??rrI l???rllJlr?l CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space 111h.1I...... 111, 1111111111111M11II.11.I above, or go to Discover.com. Print your e-mail address to I111111111 receive important Account information and special offers. 000001986458450775503000000000000000095600 Discover More Card Account Summary Closing Date: January 31, 2010 page 1 of 1 Account number ending in 4503 Previous Balance $4 155 07 Payment Due Date February 26, 2010 Payments And Credits , . 4 155 07 Minimum Payment Due $956.00 Purchases , . + Credit Limit $3,100.00 Cash Advances + 0.00 0 00 Credit Available $0.00 Balance Transfers + . 0 00 Cash Credit limit $1,700.00 Finance Charges + . 0 00 Cash Credit Available $0.00 New Balance . $0 Cashback Bonuse Opening Cashback Bonus Balance $ 0 00 . New Cashback Bonus This Period + Opp Cashback Bonus Balance $ 0 00 Cashback Bonus® Anniversary . Month: May How Can We Hel You? p I. Visit Discover.coru to pay your bill for no cost, view your It's your choice - 3 ways to help latest Account information, earn and redeem rewards and more 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3' Write us of Discover Card, PO Box 30943, Salt Lake City, UT 8,4130 Transactions Payments and Credits $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -4,155.07 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 12 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Past Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. 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WWR# 8178528 Joseph E. Kann 14503 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~ri~ty ~f ~ufrturr/,~~~0 ~:, r 'ht ."yfi'IF~ ''. Jody S Smith Chief Deputy Edward L Schorpp Solicitor Case Number 2010-2804 Discover Bank vs. Joseph E. Kann SHERIFF'S RETURN OF SERVICE Z~~~ ~~ ~ ~ ~ ~~ 4V ~~SCvSYLi1r~N~~ 05/11/2010 07:05 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1902 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph E. Kann, by making known unto himself personally, at 746 Market Street Apartment 1, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 May 12, 2010 GERALD WORTHINGTO EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (ci Ccunf~Suite Sherif't_ ~felensoft. Irc. i~ ~.__, ~-~. - ; ~y , I~.U~U ~:~. :~ vs 9i :;.' a ~vCT S ~ l~'• lS DISCOVER BANK Plaintiff vs. JOSEPH E KANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-2804 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 08178528 C A Pit SGM Judgment Amount $4780.13 $~~.oo Pa A~rN ~ ~llo3ofo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-2804 CIVIL TERM JOSEPH E KANN PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against-.the Defendant JOSEPH E KAHN above named, in the default of an Answer, in the amount of $4780.13 computed as follows: Amount claimed in Complaint Less payments / adjustments-made Interest on the remaining principa $4155.07 from February 10, 2010 @ the interest rate of 28.990 Attorney's fees TOTAL $4155.07 $o.oo L balance of to July 12, 2010 per annum $500.06 $125.00 $4780.13 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 ~ \r +~~ James C. rmnroaL, 08178528 /C P~ Pit SGM Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburg A 15219 And that the last known address of the D fendant is JOSEPH E KANN 746 MARKET ST LEMOYNE, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-2804 CIVIL TERM JOSEPH E KANN NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t~h~ ollowing Order of Judgment was entered against you on - °~-5 p (xx) Assumpsit Judgment in the amount of $4780.13 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 Prothonotary By: JOSEPH E KANN 746 MARKET ST LEMOYNE, PA 17043 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 DISCOVER BANK Plaintiff vs. Civil Action No. 10-2804 CIVIL TERM JOSEPH E KAHN 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 JOSEPH E KANN 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. JOSEPH E KANN 746 MARKET ST LEMOYNE, PA 17043 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-26-2010 07:18:35 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess KAHN JOSEPH E 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.defenselink.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. httn~•//www r~mrlc ncri mil/anni/ccra/nnnrennrt can 7/~(,/~nl (1 IN TWE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH E KANN Defendant Case No. 10-2804 CIVIL TERM IMPORTANT NOTICE TO: JOSEPH E KANN 746 MARKET ST LEMOYNE, PA 170431,,. 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 ELIG{BLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WE_,IDIB€RG & REIS CO., L.P.A. tsy: v Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 436 Seventh Avenue> 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412} 434-7955 8178528 A PIT T4S WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2804 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From JOSEPH E. KANN AT 746 MARKET STREET LEMOYNE, PA 17043 (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 F&M TRUST AT 14 N. HANOVER STREET CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,780.13 L.L.$.50 Interest $164.23 Atty's Comm % Arty Paid $175.40 Plaintiff Paid Due Prothy $2.00 Other Costs Gate: 3/11/11 ('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 /) \1 k/ u 11, Pro onotary By: Deputy Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH E KANN Defendant(s) F & M TRUST Garnishee(s) No. 10-2804 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) r_.., :C i.T FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: " - G o UZI, lq5& tl -711' 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 'ea" LL WWR No. 8178528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 10-2804 CIVIL TERM JOSEPH E KANN Defendant(s) F&MTRUST Garnishee(s) 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 JOSEPH E KANN , Defendant 3. against F & M TRUST, , , Garnishee 4. Judgment Amount $ $4,780.13 Interest $ $164.23 Costs $ SUBTOTAL: $ $4,944.36 Costs (to be added by Prothonotary): $ 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 WWR No. 8178528 P / ?. NO TA 2011 MAR 22 AM 11: 13 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER 13ANK Plaintiff vs. JOSEPH E KANN Defendant(s) F & M TRUST Garnishee(s) Civil Action No. 10-2804 CIVIL TERM ks'a'ji6 7Ci 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. 8178528 IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-2804 CIVIL TERM JOSEPH E KANN Defendant(s) F& M TRUST Garnishee(s) TO: F & M TRUST, 14 N HANOVER ST, CARLISLE, PA 17013 RE: JOSEPH E KANN, 746 MARKET ST, LEMOYNE, PA 17043 Suggested Reference No.: XXX-XX-7236 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 8178528 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 finds on deposit for checking or savings accounts and certificates of deposit)? NO. Tht olG f frolaNt AotS No h01v6 AC(OvVits wi+W FA M Tp-u S-}- I a. I f 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 fiend, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. N ??.. 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. NO. 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? N0. 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? No. 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? N IA. No arcra?N-}-S . 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? N 1A , N O 'MC`0 U N+S 7. 1fyou are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have fiends 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. N1A W W R No. 8178528 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. 7 N / 9. If tile answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. t.4 ' 10. If the answer to Interrogatory I is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other finds were frozen, restricted, or otherwise put on hold by this institution. N 1A rt C ,A ON MAIZGh 1 g12o 11 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N I7'? 12. If the response to Interrogatory 1 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. KI 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 W WR No. 8178528 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 RAI W60 W Holy L WS f?/? M I N I S-IYOI?"I V ti (Name) ASS I St/I N?t of M ? ¢?(S-f ' ? ? • , 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. OU n/b W N ? (SIGNATURE) WWR No. 8178528 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L'b%011, et emu, }T? 2 a cn .2m z+' ? ter-' r*r rv M 2 W ' -t: c::> Discover Bank vs. Joseph E. Kann Case Number 2010-2804 SHERIFF'S RETURN OF SERVICE 03/18/2011 10:00 AM - Tim Black, Deputy S eriff, who being duly sworn according to law, states that on March 18, 2011 at 1000 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, t wit: Joseph E. Kann, in the hands, possession, or control of the within named garnishee, F & M Trust, 4 N Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, b) handing to Donna K. McNaught n, Certified Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice Market Street, Lemoyne, PA 17C March 22, 2011 defendant was mailed on March 22, 2011 to Joseph E. Kann at 746 SO ANSWERS, RON R ANDERSON, SHERIFF r4Vack, Deputy 01 CoutitySuite Shenlf, ieleG aft. r;: 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 # 8178528 DISCOVER BANK vs. JOSEPH E KANN and F&M TRUST Garnishee(s) Attorney for Plaintiff(s) Cumberland County Court of Common Pleas c N °- -+ Mw z; Mr_ -v NO. 10-2804 CIVIL TERM =r- - r•1 Qo Z is C ) D N PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), F&M TRUST, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and sylhspribed Before me the > /day of March, 2011 NOTARY P L JarrAs C Warmbrodt, Esquire A ev for Plaintiff A(-? spa 77?C/ Wendy ?Notftl sea81 dt. Notary Dubuc COY ef Comma h, Aaeyheny County r,e. o _?y 15, 2014 ?"// X57'731 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2804 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From JOSEPH E. KANN, 746 MARKET STREET, LEMOYNE, PA 17043 (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: SOVEREIGN BANK, 17 WEST HIGH STREET, 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 $4,780.13 L.L. Interest $471.46 Atty's Comm % Due Prothy $2.25 Atty Paid $297.56 Other Costs Plaintiff Paid Date: April 9, 2012 ,1)14 David D. Buell, Prothonotary (Seal) P Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 . V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH E KANN "7 y1p T06-r Defendant(s) SOVEREIGN BANK 17 Ri5 h 00-? ?t S?1 ` ?' 1761 Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against JOSEPH E KANN , Defendant 3. against SOVEREIGN BANK... Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): Civil Action No. 10-2804 CIVIL TERM Ler 6 jne , fop ? -?ov.7 M -.: p v c, C! C E5 . > $ $4,780.13 $ $0.00 $ $471.46 $ $5,251.59 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Ll a- goCxr ¢-?. U b (tie 9 a. C7? 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 ,0.a5 b?e- 6? Ck.a I o L1gsysi P-141?7 3 W3 Wlt? ew & -Tgsad IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH E KANN Defendant(s) SOVEREIGN BANK Garnishee(s) No. 10-2804 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8178528 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF = l? i i..'„a ! i ru,MBER'D'V CCC14 Discover Bank vs. Joseph E. Kann Case Number 2010-2804 SHERIFF'S RETURN OF SERVICE 04/13/2012 10:16 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1015 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joseph E. Kann, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Operations Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 17, 2011 to Joseph E. Kann at 746 Market Street, Lemoyne, PA 17043. SO ANSWERS, April 16, 2012 RON R ANDERSON, SHERIFF illiam Cline, Deputy ,ei inun ? att:, She IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JOSEPH E KANN Defendant(s) SOVEREIGN BANK Garnishee(s) Civil Action No. 10-2804 CIVIL TERM TO: SOVEREIGN BANK, 17 W HIGH ST, CARLISLE, PA 17013 RE: JOSEPH E KANN, 746 MARKET ST, LEMOYNE, PA 17043 Suggested Reference No.: XXX-XX-7236 XXX-XX- AxSWPil3 1?0 IMPORTANT NOTICES TO GARNISHEE! n C r;) 01 -V - r n C CN 3 r`M --4,:; C -? = fo c -x M N A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 8178528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH E KANN Defendant(s) SOVEREIGN BANK Garnishee(s) Civil Action No. 10-2804 CIVIL TERM INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8178528 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)? NO 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. N/A 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. YES, SEE ATTACHED 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? NO 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? NO 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? NO 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? NO 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO WWR No. 8178528 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. YES, SEE ATTACHED 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. N/A 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N/A 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?- William T. Molcza , Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8178528 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 JOHN S. GOMES (Name) LEAD SPECIALIST of SOVEREIGN BANK , 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. d ? (SI AT RE) WWR No. 8178528 ANSWERS TO INTERROGATORIES Account # 1051083605 Balance: $6,543.81 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $6,243.81 Account Holder: DORIS J BIAGI JOSEPH E KANN PO BOX 60311 HARRISBURG, PA 17106-0311 Account # 1051065682 Balance: $57.91 Account Holder: JOSEPH E KANN PO BOX 60311 HARRISBURG, PA 17106-0311 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: jl'?' - John S. Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE- DISCOVER BANK VS. JOSEPH E KANN CERTIFICATE OF SERVICE hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: William T Molczan, Esqire Weltman Weinberg & Reis Co., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: JOSEPH E KANN PO BOX 60311 HARRISBURG, PA 17106-0311 ?hn S. Gomes O.P. Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 April 19, 2012 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8178528 DISCOVER BANK vs. JOSEPH 1 KANN, and SOVEREIGN BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 10-2804 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: p C) Kindly mark the above matter discontinued and ended as to Garnishee(s), SOVEREIGN BANK, . only. WELTMAN, WEINBERG & REIS CO., L.P.A. By_ William T. Molcza squire Attorney for Plain4ff a*j C k-? 1014 9" ' .? a-) L4 nG WELTMAN, WEINBERG & REIS CO., L.P.A. 4' r BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) {? I.D. No.86469 , 436 Seventh Avenue, Suite 1400 ' ` `? 2 ® r ??i 1 Pittsburgh, PA 15219 LAND COUNT( Phone: 412.434.795 5'' L'A tdti Fax: 412.434.7959 File # 8178528 DISCOVER BANK Plaintiff CUMBERLAND County Court of Common Pleas vs. JOSEPH E KANN Defendant(s) NO. 10-2804 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG &AEIS CO., L.P.A. By V??' Sarah E. Ehasz, Esqui Attorney for Plaintiff CLO 11 Cam', ?o s? 3a? ? ?l a?? o os SHERIFF'S OFFIGE OF CUMBERLAND COUNTY R Andersen ~` {.t.v°I.,~; ' ;. `-~- Iff Ott';' °ai war - . ~ ~~~!" ~~ ~?!1 i t ~ ' j , rtYl dy S Smith '~ ~ _ ~. Chief Deputy ~ ~~~~~~~~` $ ~~~ ~' ~'~ Richard W Stewart Jl~ia~ f' r ' (j Solicitor ` ~~ ~ ~~~~S~E ~i ~Ft i~~4li~ Discover Bank Case Number vs. 2010-2804 Joseph E. Kann ___`_ SHERIFF'S RETURN OF SERVICE 04/13/2012 10:16 ANI -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1015 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wi1:: Joseph E. Kann, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, kry handing to Julie Myers, Operations Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 17, 2012 to Joseph E. Kann at 746 Market Street, Lemoyne, PA 17043. 11/07/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of executior~ is returnec:l as ABANDONED. No action on writ in over 6 months. SHERIFF COST, $87.41 SO ANSWERS, i ~'~ November 07, 2012 RON R ANDERSON, SHERIFF ~? .~,~ f,o(- ~