HomeMy WebLinkAbout10-2908t ?,
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2010 APR 0 h 1* u
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No : 1p _ o14a8 ?lVi l 1°L.r?
VS.
COMPLAINT IN CIVIL ACTION
PAUL LUTHER
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
08178680 C A Pit EMR
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
PAUL LUTHER
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:
PAUL LUTHER
400 W DAUPHIN ST
ENOLA, PA 17025
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX2638
4. Defendant made use of said credit card and has a current balance
due of $14257.49 , 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
27.2409o- per annum on the unpaid balance from February 10, 2010 . A
copy of Plaintiffs 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 , PAUL LUTHER individually , in the amount of
$14257.49 with interest at the rate of 27.2400-6 per annum from February
10, 2010 plus attorneys' fees of $125.00 , and costs.
Dames warmoroaz,42524
WELT WEINBERG & REIS CO., L.P.A.
436 S enth Avenue, Suite 1400
Pitt rgh, PA 15219
(412 34-7955
FAX• 2-338-7130
081 8 80 C A Pit EMR
This law firm is a debt collector atte ing to collect this debt for
our client and any information obtain will be used for that purpose.
VbL'':.. )VtK so.oo sz,83a.oo '
CARD
Payment Due Date
February 26, 2010
31 SDSN6A01 0005881
PAUL LUTHER
400 W DAUPHIN ST
ENOLA PA 17025-2213
Enter Amount Enclosed Below
c?.1- t
Go paperless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discover.com/paperless.
PO BOX 6103 11111'11"11'11111111'11rr1
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? Print change in space
above, or go to Discover.com. Print your e-mail address to
receive important Account information and special offers.
000001986458858009273000000000000000283400
Discover More Card Account Summary
Closing Date: January 31, 2010 page 1 of 1
Account number ending in 2638 Previous Balance $14,257.49
Payment Due Date February 26, 2010 Payments And Credits 14,257.49
Minimum Payment Due $2,834.00 Purchases + 0.00
Credit Limit $11,600.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit limit $8,700.00 Finance Charges + 0.00
Cash Credit Available $0.00 _
New Balance = $0.00
Cashback Bonuse Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
Cashback Bonuse Anniversary _
Month: December
How Can We Help You?
p 1. Visit Discoverr.com to pay your bill for no cost, view your
latest Account information, earn and redeem rewards and more
It's your choice - 3 ways to help 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 at Discover Card, PO Box 30943,
Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Trans. Post
Date Date
Payments and Credits Jon 31 Jan 31 INTERNAL CHARGE-OFF $ -14,257.49
EX?IIBIT
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: 20 days
Purchases $0 0.07463% 27.24% V 27.24% $0 $0
Cash Advances $0 0.08216% 29.99% V 29.99'0 $0 $0
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above
Important Information. If there is more than one page to this billing statement, see the back of each page for additional Important Information.
See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account o
Lost or stolen cards. Report Immediately! Cali 1-800-347-2683. CO
rn
BIg? RIB 6rstrrrrary. In Can of Errors or Questions About Your gIII: IT think r bill Ig wrong, or If You need more Information about a
trans3ctioh on Aur Nil, write to us ona separate sheet o a rat DI r rd Box 30421. Sali Lake City, UT 84130-0421 as soon as
vppssible. We nnUSt hear from yyoouu no a r a 60 da a sent e rst II on ?hlc e error or r lam a aced Vou can telephone
Us but doln o will not reseve ur fights. In yourylerier, glue us fhb toil ng In ormaUor p $
• Mrs ami nd Aeeou numrber
• ollar a ount ofe suss?ected error 15
a• ascribe the error and explain it you can, why you believe there is an error. IT you need more Information, describe the Item you are unsure
You do not have topaY an amount in uuestion while we are InvesU aUn ,but you are still obligated to the pats of r bill that are not In to
question. While we lnvesti?ate your question, we cannot report you a? do nquerrt or take any acvon to 1 the amount you question.
S >r Rule Credit Card Purchases: If have a uroblem with the quality of oods or services that( You purchased with a credit card, and
u have Vied In faith to correct the em with fife merchant ?u may not ?ave to the rams n amount due on the ood or servi as.
ou haavvee this Uon only when the pine Drice Was more than 550 and the purchase" vPas made in r home state or within 108 miles
your mallin dress. If we own or ooetate the merchant or if we mailed you the advertisement for the g s or services, all purchases are covered
regardless a amount or location bf purchase)
PFu t I onl r ant and th t ?rton of this statement Ir the a ve'Mc ceded po n ?t send cash. By send) r check as
dit?o?i? us to use In Quid, on r check to make an ectr'Tund transfer ?rom your acr?Unt at 1 ? ?Inancial
Ition ?,in f vaur check r to Men m n as a check trans on. IT payment is processed as an electronic and transfer, the
transfer wl for the amount of the ch k hen se Information from your check to"make an electronic fund transfer funds may be
withdrawn Irom your account as soon as t pa y?asme day we receive your payment and you will not receive your check back Yrom your financial
Institution.
The fj es In oT yourvmenmay be delay If you send cash ca*Pa dence or other Items with your oaYment IS you send the payment to
an othor ii?D?use an vblo other ats te ne arovfded. ants received on or after 1 YM at bur roceSin Tacili Mond
th or or1 a r3 xor barpoelidav 1I be D4sted to Yof a oT the next bus ness day If you h?ve misped r envoi
un?1 erve Po Box G70Carol, sveam, IL 6019 3. leaseallow 71? days Tdr delivery. If your paymes retu '
sendant to DI r Bank
e rl tt to resubmit It as an electronic debit
YWon n r minl?rtum en or a realer cunt over a toleone, and n set utomatic ts. CaII us at 1-600-347-26 3
You e? s statementt a r tp?nk nt TnTonu tlon. u muS ensure th t 6u cl set rirnls are ova able n bank account, and all
transactions ust com w1 Flaw. You I be asked eherst 5 digl oT ?rou?r 17r nst?tement z rwr entennthose
numbers as n ur epic jig, tturo you A' mein to s au oil aUon to a ow s nn to dedu eac t authorize
from r?our account aninitlate debit or c ft en es to your ?an account as appl error In th ng 9f such
eaYYm t ou must tell us th mount oT each pavmant or ?rou can se act an amount su as ?he Mla ?n P anent Dua or e ow Balance on
ach statementb?You can can a pavmant however we m st recehre notice at least three bus ness If n a nce of the u edt went You
maY noUf us do hone at 1- 00-3aT-2683 or y mall t the address?ited in the oupse para?rauph our payments va?r In amour will tell
yotr on AN In thlrlYtw ten?vour paymb?ii or?ipiayments applir durng the billingYcoyucle toms c Payment amou t may be less than
indicated on them Tsed o _
C?erMt R We m roDOrt InTamaUon about Your account to credit bureauspaLvamte p?a?v?mants, mYisosuedppaymants, or ootheerrpdoerffarlulltsagoennyour
account ?Pf'^Dec?OUr rxcdit reoorL We nbnn Ily portkaese to usd t the iodllowing"ad?dress? Dilscovenr Cartl, PO Bdx 15316, YYllcl f gEton
match 11 P t f rt Is Inabc rate or incortf ete? t Dt
Dt: 19950- 1 . ease ncude?joour name, a dress, home epn a num rand?uccoun num r.
urchases
advances.
the TrgIction Date for the
ng penoq In which. It occurs,
no grace
I's than x.50' would ot?rwise be Impos D. you a minimum FINANCE CHARGE of $.50 for any billing period In which Periodic Finance Charges of
A? Fee. If yVoour Account has an annual fee i?will be billed at the be inning of each anniversa, ear ur Account is open. The amount of
e aDpeafs bn the statement when a fee is lied. The annual fee I not refundable unless vo0 otl us that v0u wish to close your Account
n 3tT ttay5 of the mailing or delivery date of the statement on which the fee is billed. You will receive this refu even If you use your Card
Ma
during that period.
Past ouNe Fl e C??? We sort r transactions Into rou of rohases, sh advances and balance transfers and then further sort the
transactions thin eac1S rou the annual Percent?e f?ataFor a cam le uroases sub ec! to a Dromotional rate and Purchases subject to a
standard rate Id be separrouDS. We refer to these roues as tronsacti?n catees. ?t the ens of each billing oeridd, we compute balances
and Periodic Inance Chores or each day of the billing plod for each transaction ategory. We use the following gtiatlon to compute Periodic
Finance Char for each nsactlon category
(Average Daily Balance) times (days in billing period) times (Daily Periodic Rate).
to the finance charge summary on You[ billing statement for these amounts.) Then we add up the Periodic Finance Charges for each
xior?to oat the total Perlodic Finanrx Cnargef for your Account The Average Dally Balance Is shown as zero If, because of the grace
dfcFlnalfce Charges a to the balance m a Varfsaction cote orv
era Balance udln now transactions) method of c IcUlatin the balance upon which we impose Periodic Finance
1 e Da
m to the Da Ilange for each Vansactlon cateoorv addir? W9 up all the daily balances In a akin period for a
rrrYYY and diAd n the ?al bv the number of days in the Glllirf n e comp??e the dellll balance for ea transaction category
it ?ons with apeTransactiorS Date of that daV as shown on you
addsgngg the thawing to the voorus day s daily balance: nsac
e ald?dW?toe tthe daailiiceb la tx as of the fin daun?a the fter Iiri I?ei?tiin whicfiq It Is p? oeted icvhour Aeeouht tasiccharagsed That day
nance Charrggeess acc ed on the previous da s da l balance, aa(bpr? then subtracting an credI S and vymmants that orb a Iled
rnce of theVansa on cat?rrryyy on that C In cdlculatl the dany balance for the fiat day of the 11tng dod, we co
dall?balance" to ve beelTVpur balance for each transact ion orv on the last day of your revlous bit in, Derl e
e a Ica der the
adder to the standard purchase transactiIcatt category with the exceptlorroT Cash A a Ce Transaction Fee
gea Your Account are which
H aareto the a oI cable cash advarSCe t ansaction cate?orv and Ealance Transtbr Trans(an Fee Finance Cha es ae b VansTar transaction ca o 1?fhen the soeclal rate expires, we move the un id balance of the balan?e
3 or
s I nce Transfer ronsaction Fee Finance Cesar es to the standard purchase transaction cat ?H?wever, if the special rate has
d under the DeTaultR ate section, we leave the upaid balance of the balance transigr and thearance Transfer Transaction Fee
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unsworn falsifications to authorities, that he is Robert Adkins
(Name)
Senior Vendor Litigation Liaison of DFS Services LLC , plaintiff herein, that
(Title) (Company)
he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his knowledge, information and belief.
WWR# 8178680
Paul Luther
638
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
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Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
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Discover Bank
vs.
Paul Luther
Case Number
2010-2908
SHERIFF'S RETURN OF SERVICE
05/17/2010 04:34 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17,
2010 at 1631 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Paul Luther, by making known unto himself personally, at 400 W. Dauphin Street, Enola..
Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the
said true and correct copy of the same.
SHERIFF COST: $41.50
May 18, 2010
~G
RYAN BURGETT,
SO ANSWERS,
RON R ANDERSON, SHERIFF
(cj GourtySuite Sheriff. Te!ecsoff. Irc.
e
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DISCOVER BANK
Plaintiff
vs.
PAUL LUTHER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No: 10-2908 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
08178680 C A Pit SGM
Judgment Amount $16082.45
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 10-2908 CIVIL TERM
PAUL LUTHER
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against .the Defendant PAUL LUTHER above named, in
the default of an Answer, in the amount of $16082.45 computed as follows:
Amount claimed in Complaint
Less payments / adjustments made
Interest on the remaining principa
$14257.49 from February 10, 2010
@ the interest rate of 27.240
Attorney's fees
TOTAL
$14257.49
$0.00
1 balance of
to July 20, 2010
per annum $1699.96
$125.00
$16082.45
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.
08178680 C/A git SGM
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
PAUL LUTHER
400 W DAUPHIN ST
ENOLA, PA 17025
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
PAUL LUTHER
Civil Action No. 10-2908 CIVIL TERM
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 Blio la
(xx) Assumpsit Judgment in the amount of $16082.45 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: s
R THONO ARY OR DEPUTY pKB
PAUL LUTHER
400 W DAUPHIN ST
ENOLA, PA 17025
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. 10-2908 CIVIL TERM
PAUL LUTHER
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 PAUL LUTHER 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.
PAUL LUTHER
400 W DAUPHIN ST
ENOLA, PA 17025
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 05:39:20
'~; Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
LUTHER PAUL 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 httn://www.defenselink.mil/faq/pis/PC09SLDR html. 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.
httnc~//www dmrlc.n.ec-l mil/anni/crra/nnnrennrt ~l~ 7n(,/2nl n
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
PAUL LUTHER
Defendant
TO:
PAUL LUTHER
400 W DAUPHIN ST
ENOLA, PA 17025
Date of Notice: ~ ~ ,!
Case No. 10-2908 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, VyLRG &REIS CO., L.P.A.
By! L/
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
8178680 A PIT T4L
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
V S.
PAUL LUTHER
Defendant(s)
SOVEREIGN BAND.
SUSQUEHANNA BANK.
Garnishee(s)
No. 10-2908 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. 8178680
y
IN THE,wUR.'i' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff'
vs. Civil Action No. 10-2908 CIVIL TERM
PAUL LUTHER -'q00 W* b"O'n S4
Defendant(s) Enola , PA NW5 - too -- --3
»r C?
SOVEREIGN BANK -<> G-)
C,n
r-
SUSQUEHANNA BANK:. -?' ?
Garnishee(s) r- Y
PRAECIPE FOR WRIT OF EXECUTION of
TO THE PROTHONOTARY: =
Kindly issue a ",Vrit of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
?. Pp s
2. against PAUL LUTHER , Defendant - Ulm PA 11a
r ? lQ ? '(,p?'?'ste
3. against SOVEREIGN BANK, SUSQUEHANNA BANK,, Garnishee
4. Judg;,ien'. Amount
ca.rlisle, PA 18013 $ 16082.45
Les.: Payments/credits received $ 0
Interest $ 995.12
Costs $
SUB F OTAL: $ 17077.57
Costs (to be added by Prothonotary):
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WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, Es
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
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WWR No. 8178680
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-2908 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From PAUL LUTHER, 400 W. Dauphin Street, Enola, PA 17025
(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 W. High Street, Carlisle, PA 17013
SUSQUEHANNA BANK, 1196 Walnut Bottom Road, Carlisle, PA 17013
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $16,082.45
Interest -- $995.12
Atty's Comm %
Arty Paid $174.50
Plaintiff Paid
Date: 8/1/11
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
-L'71 J I Lt ?, 1), C g- I E -
David D. Buell, Prothonotary
Deputy
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO, LPA
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 47437
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs
PAUL LUTHER
Defendant(s)
SOVEREIGN BANS-
SUSQUEHANNA BAND.
Garnishee(s)
Civil Action No. 10-2908 CIVIL TERM
TO: SOVEREIGN BANK, 17 W HIGH ST, CARLISLE, PA 17013
SUSQUEHA", A BANK, 1196 WALNUT BOTTON RD, CARLISLE, PA 17013
RE: PAUL LUTHER, 400 W DAUPHIN ST, ENOLA, PA 17025
Suggested ReferencF? No.: XXX-XX-0442
XXX-XX-
IMPORTANT NOTICES TO GARNISHEE!
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A. Yoo 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. He;,,in, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. Whir.. service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then ;n the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's pos;;ession 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. 8178680
ID -0008
ANSWERS TO INTERROGATORIES IN ATTACHMENT
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 woe 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.
No.
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 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 delivery 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 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.
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 Pa.C.S. § 8123? If so, identify each account.
No.
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
VERIFICATION
I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to
Interrogatories are true and correct to the best of my knowledge, information, and belief. This
statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. §
4904) related to unsworn falsification to authorities.
Dated: August 8, 2011
Catherine M. Bush,
Assistant Secretary and
Legal Counsel
Susquehanna Bank
26 North Cedar Street
Lititz, Pa 17543
(717) 625-6273
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
I~ ILE0-0Ff" 111,--
Ronny R Anderson
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Sheriff
Jody S Smith ° 701
I AUG 12 Ali 8: 03
Chief Deputy
Richard W Stewart rUi 18ERLANJ CiOUN'J 'if
PENNSYLVANI?h
Solicitor
Discover Bank
vs.
Paul G. Luther
Case Number
2010-2908
SHERIFF'S RETURN OF SERVICE
08/05/2011 11:49 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA
17013, Cumberland County, by handing to AARON DAVENPORT, 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 August 8, 2011 to Paul Luther at 400 W.
Dauphin Street, Enola, PA 17025.
08/05/2011 11:34 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Susquehanna Bank at 1196 Walnut Bottom Road, South Middleton
Township, Carlisle, PA 17013, Cumberland County, by handing to TAMI MCKEE, FINANCIAL SERVICES
REP., 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 August 8, 2011 to Paul Luther at 400 W.
Dauphin Street, Enola, PA 17025.
SHERIFF COST: $462.15
August 08, 2011
SO ANSWERS,
RON R NDERSON, SHERIFF
-William Cline, Deputy
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WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: James C Warmbrodt, Esquire
I.D. No.42 52'4
436 Seven6l AvF;s?ue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434. "1955
Fax. 412.434.7959
File # 8178680
DISCOVER BANK
vs.
PAUL LUTHER
ani
SUSQUEHANNA BANK, SOVEREIGN BANK
Garnishee(s)
FILED-OFFICE
OF THE PROTHONOTARY
Attorney for Plait ff"P _g PM 1: 38
CUMBERLAND COUNTY
PENNSYLVANIA
Cumberland County
Court of Common Pleas
NO. 10-2908 CIVIL TERM
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO "HE PROTF..ONOTARY:
1?indly marked the above matter discontinued and ended as to Garnishee(s),
SIJSQUEHANNA BANK, SOVEREIGN BANK, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Sworn to al!d subscribed
Before me ay of August, 2011
NOTARY I'UBL iC
Jame /V Warmbrodt, Esquire
Attoln& Plaintiff
NotaHal Seat
Wendy L. Gault, Notans ;aubhc
City of Pittsburgh, Allegheny County
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Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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'lU"'ERLAND LuU
PENNSYLVANIA
Discover Bank
vs.
Paul G. Luther
Case Number
2010-2908
SHERIFF'S RETURN OF SERVICE
08/05/2011 11:49 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA
17013, Cumberland County, by handing to AARON DAVENPORT, 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 August 8, 2011 to Paul Luther at 400 W.
Dauphin Street, Enola, PA 17025.
08/05/2011 11:34 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Susquehanna Bank at 1196 Walnut Bottom Road, South Middleton
Township, Carlisle, PA 17013, Cumberland County, by handing to TAMI MCKEE, FINANCIAL SERVICES
REP., 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 August 8, 2011 to Paul Luther at 400 W.
Dauphin Street, Enola, PA 17025.
03/22/2012 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: $144.23 SO ANSWERS,
March 22, 2012 RON R ANDERSON, SHERIFF
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