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HomeMy WebLinkAbout10-3031? 1} FH ?' - T? i? ?f1V !? ,? lea n, 2quiz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. R M REIFF Defendant No : 10-3()31 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 08251454 C A Pit EMR 01-4 9a.00'0041`4 yl N3 i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No R M REIFF 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 v, ' 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: R M REIFF 104 W MAIN ST APT B MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5301 . 4. Defendant made use of said credit card and has a current balance due of $5027.67 , as of March 11, 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 28.240. per annum on the unpaid balance from March 11, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 and made a part hereof. ?a 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 , R M REIFF individually , in the amount of $5027.67 with interest: at the rate of 28.2400 per annum from March 11, 2010 plus attorneys' fees of $125.00 , and costs. James C. WELTMAN, 436 Seven Pittsburg (412) 43 FAX: 412 0825145 G & REIS CO., L.P.A. ue, Suite 1400 15219 7130 Pit EMR This law firm is a debt collector attempti o collect this debt for our client and any information obtained wit/be used for that purpose. ,, ss ®'SC"?^ =23 Due Date Minimum Payment Due Account Number ending in 5301 v f( , 2010 $1,095.00 Enter Amount Enclosed Below New Balance $ I $0.00 28 SDSNSA01 0005583 R R E I FF Go paperless and make your account Ink mtatlon more seem with password- 104 W MAIN ST APT B prolected statements only you can access. MECHANICSBURG PA 17055-6278 LeammoreatdiscovereonVpaperless. PO BOX 6103 111 ... if 11 tail CAROL STREAM IL 60197-16103 Address, e-mail or telephone change? (11 rllnnnlllrlul rr rllnnrllllnnr 111nnr11nIn11 Go to www.Discovw.com or print change in space above. ( 1 000001986458552956654000000000000000109500 opening txft: rebmary 3, 2010 - Closing Dade: Febl Discover More Card Account Summary Cardmember since Account number ending in 5301 Previous Balance $5,027.67 Payments And Credits - 5,027.67 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees t + 0.00 New Balance 0.00 See Finance Charge Summary section Following transactions for detailed APR information Credit Line $3,800.00 Credit Line Available $0.00 Cash Advance Credit Line $2,900.00 Cash Advance Credit Line Available $0.00 t See transaction detail for a description of any fees a?•ua•a.w _Buz Anniversary Month December Opening Cashbock Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To barn more, log in m www.Dimwver.com and sa6a Rewards _y . .., a t...yo ? ... Payment Information New Balance $0.00 Minimum Payment Due $1,095.00 Payment Due Date March 23, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 29.99% variable. Manage Your Account Online at www.Discover.com • Securely access statements and kee online tools, pay bills online and track and view all transoctions simply and easily • Make your money worth momSM -find easy ways to earn and redeem cashrewards - - - - - - - - - - - - - - - - - --- • NEW I Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at www.Discovar corn 2. Cap 1.800-DISCOVER (1.800.347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Soft Lake City, UT 84130 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800.347-7449. Transactions Trans. Post Dale Data Payments and Credits Feb 28 Feb 28 INTERNAL CHARGE-OFF $ .5,027.67 finance Charge Summary Nominal Other Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE current billing period: 26 days Bok6ce Rates RATES RATES _ CHARGES CHARM Purchases $0 0.07737% 28.24% V 28.24% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 V - Variable Rate M l." 1 825side. DISCOVER 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 James Ball (Name) Team Lead _ 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# 8251454 R M. Reiff 5301 c~-~ C~~' -1 P~~ I ~ ~? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. R M REIFF Defendant No. 10-3031CIVIL MOTION FOR ALTERNATE SERVICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #8251454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-3031 CIVIL vs. R M REIFF Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, R M Reiff, by certified U.S. Mail and Certificate of Mailing, addressed to 104 W Main St, Apt B, Mechanicsburg, Pa 17055, averring in support thereof the following: 1. On or about May 7, 2010, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $5,027.67. 2. When the Sheriff of Cumberland County, Pennsylvania, attempted to make service of Plaintiffs Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff s return, a true and correct copy of which is attached hereto, marked Exhibit "1", and made a part hereof. 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #8251454 t ' 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 104 W Main St, Apt B, Mechanicsburg, Pa 17055, a true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit " 2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was able to confirm a current address for Defendant of 104 W Main St, Apt B, Mechanicsburg, Pa 17055. A true and correct copy of the search results is attached hereto, marked as Exhibit " 3 ", and made a part hereof. 6. Plaintiff contacted the Cumberland County Tax Assessment office, a representative from which could not confirm the Defendant as being the registered owner of 104 W Main St, Apt B, Mechanicsburg, Pa 17055. 7. Upon receipt of the Sheriff s return of no service, Plaintiff conducted an investigation with the Accurint Total Research System to confirm the physical address of the Defendant. 8. Pursuant to Plaintiff's request for information, Accurint Total Research System confirmed Defendant's physical address of 104 W Main St, Apt B, Mechanicsburg, Pa 17055. A true and correct copy of the search results is attached hereto, marked as Exhibit "4", and made a part hereof. 9. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR #8251454 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (104 W Main St, Apt B, Mechanicsburg, Pa 17055) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. William T. Molczan, Es re PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 43b Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #8251454 CERTIFICATE OF SERVICE The undersigned certifies that a true and cor~r~e~ct,c~opy of the within Motion for Alternate Service was served on the ~ ~ day of ~ ~' , 2010, by first class, U.S. Mail, postage-prepaid, addressed as follows: R M Reiff 104 W Main St, Apt B Mechanicsburg, Pa 17055 W ~ / Attorney or Plaintiff WWR #8251454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 10-3031CIVIL Plaintiff vs. R M REIFF Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and far the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 104 W Main St, Apt B, Mechanicsburg, Pa 17055. A true and correct copy of the Postal Service Return is marked Exhibit " 2" attached hereto and made a part hereof. b. Plaintiff conducted an online white pages search which confirmed 104 W Main St, Apt B, Mechanicsburg, Pa 17055. A true and correct copy is attached hereto, marked as Exhibit " 3 ", and made a part herof. c. Plaintiff requested current address information from the Accurint Total Reseazch System, which request for information confirmed the current address for Defendant as being 104 W Main WWR #8251454 St, Apt B, Mechanicsburg, Pa 17055. A true and correct copy is attached hereto, marked as Exhibit "4", and made a part hereto. d. Plaintiff conducted an online tax-assessment search for the address of the Defendant that could not confirm the Defendant as being the registered owner of 104 W Main St, Apt B, Mechanicsburg, Pa 17055. Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, R M Reiff, is 104 W Main St, Apt B, Mechanicsburg, Pa 17055. WELTMAN, WEINBERG & REIS, CO., L.P.A. l/lJ William T. Molczan, E uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to a subscribed before me this d y of October, 10 No ary COMMU9~~~!~~'~ OF PENNSYLVANIA Not3~H~a1 Seal pUblit Sheila C, t~vtmno N~Cary Ross Twp., Atlegn®ny County M Commissl irec' ~~~~ FI~N'~' WWR #8251454 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Discover Bank vs. R M Reiff ~$~ ei +~uu~6rrf~'~b i~. /"~A. ,- tr~cE cF ~ s~au== Case Number 2010-3031 SHERIFF'S RETURN OF SERVICE 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 3, 2010 at 1308 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: R M Reiff. After several attempts the Complaint and Notice has expired. SHERIFF COST: $~L6.00 SO ANSWERS, ~ "'_ June 03, 2010 RON R ANDERSON, SHERIFF ~~ (c1 CountySuite SherrfF. Teleosoft, Inc. -~~ ~q ~a Postmaster MECHANICSBURG, PA 17055 Date: June 21, 20]0 REQUEST FOR CHANGE OF ADDRESS OR BOxHOLDER IivFORfvrA'i'lON Ni,iiDEDrOl2 SLRV,:i: Oi' LEGAL FROC;SS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: R M REIFF 104 W MAIN ST APT B Address: MECHANICSBURG, PA 17055 Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 266.6(d)(6)(ii). There is no fee for providing boxholder or change of address information. i. Capacity of requester (c.g., process server, attorney, party representing self): AT1'ORNES' 2. Statute or regulation that empowers me to serve process (not required when requester is an attornc;v ar a party acting, pro se---except a. corr!oration acting, pro se nn!si cites st<:tutel: 3. I'he names of all known parties to the litigation: R M RF,IFF, DISCOVER BANK 4. 'Che court in which the case has been or will be heard: PR01'HONOTARY CUMBERLAND C 6. The docket or other identifying number (a or b must be filled out): _X__ a. Docket or other identifying number: #10-3031 CIVIL h. Docket or other identifying number has not been issued 6. "fhe capacity in which this individual is to be served (e.g., defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXNOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OR LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLiJDING A FINE OF LJP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTN (TITLE 18 U.S.C. SECTION 1001). I certify that the abov information is tme and that the address information is needed and will be used solely for service of legal process in conjuc t' n with a rospective litigation. Signature WELTMAN, WEINBERG & REIS CO., L.P.A. Vdilliam T. Molczan, Esquire / PA ID# 47437 436 Seventh Avenue, 1400 Koppers Building Attorney Pittsburgh, PA 15219 Printed Name WWR File No. 8251464 i)ser: SGM FOR. POST.OFFI('E LrSE. ONLY No change of address order on tile: _, Moved> left no forwarding address:.__~ No such address: __ NEW ADDRESS OR BOXHOLDEI2'S NAML-' POSTMARK ANll STRF,ET ADDRF,SS Free People Search ~ 411.com R Michael Reiff 104 W Main St, Apt B Mechanicsburg, PA 17055 (717)691-9584 Page 1 of 1 z ~.. .' ~,~ ,,,~s~ pve . Ik ~ ~~~fi~t 'cn ~~~~5~ ~$tss~c"''- ,Cry ~`''~ AAechanicsbtrrg w~'~`~' lii~! X641 i xF achanls~shrurg W'~ ,. ~~° N ~~ ZO10 FfKrosoft Corporation ®20YO NAYTE4 '~;® AND 3 httn•//www411 anm/cPar~h/FinrlPPrcnn9firctnamP hPainc with=lRr.firctnamP=RRr.namP= 1 n/~.~/~nl n deep Skip Search Page 1 of 1 ROBERT M REIFF X486 ROBERT MICHAEL F 104 W MAIN ST APT B 2119460853 Li k ID +-•9584 -EDT REIF n : MECHANICSBURG PA 17055-6276 REIFF R MICHAEL MICHAEL R REIFF Nov 99 -Oct 10 "'~" Active Phone R M REIFF w/ Probable current address R MICHAEL REIFF M REIFF ROBERT DOB: X1952 Age: 58 DOB: 4/1952 Age: 58 Gender -Male L." ea..~.. e~e.r httnc•//CP.( 11TP, annnrint rnm/ann/}lnc/micr. 1 n/77/x.01 n DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. R M REIFF, Defendant IN RE: CIVIL ACTION - LAW NO. 10-3031 CIVIL TERM .TE SERVICE ORDER OF COURT AND NOW, this 3rd day of November, 2010, upon consideration of the Motion for .Alternate Service, it is ordered and directed that service of the complaint in this case upon R M Reiff may be made (1) by regular and certified mail at 104 W. Main Street, Apt. B, Mechanicsburg, Pa 17055, service to be deemed complete publication once in the Cumberland County Law Journal and general circulation in Cumberland County, Pennsylvania. FOLLOWING SERVICE of original process in the service of subsequent papers may be made by regular mail known address. BY THE COURT, c'William T. Molczan, Esq. WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff Y Yrrt a-t l?L ?7-f -f r J. esley Oler Jr., mailing and (2) by in a newspaper of prescribed above, Defendant's said last r r a X01 E:'I .F C1-C)FF IC-,E?. nrr 3. - It 1,?. f i.? 17 p i D t LIB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. R M REIFF Defendant No. 10-3031 CIVIL PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler PA I.D. #93598 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8251454 10 b° -,p at'i cQ a5 ,kDS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. R M REIFF Defendant Civil Action No. 10-3031 CIVIL PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: PA C.D. R. WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #8251454 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3031-CIVIL R M REIFF Defendants. TYPE OF PLEADING: AFFIDAVIT OF SERVICE CJ C:D Filed on Behalf of:'c _ Plaintiff CD ; Counsel or Record for this Party: James C. Warmbrodt, Esquire PA I. D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8251454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3031-CIVIL R M REIFF Defendant. AFFIDVAIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared James C. Warmbrodt, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, R M REIFF 1. On or about November 27, 2010, Plaintiff published a copy of the Notice in the THE SENTINEL. Said Proof of Publication is attached as Exhibit "2". 2. On or about December 3, 2010, Plaintiff published a copy of the Notice in the CUMBERLAND LAW JOURNAL. Said Proof of Publication is attached as Exhibit "3". 3. On or about November 26, 2010, Plaintiff mailed the complaint to 104 W MAIN ST, APT B; MECHANICSBURG PA 17055. Said certificate of mailing and certified mail receipts are attached as Exhibit "4". WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. armbrodt, Esquire PA I.D. 24 WELT N, EINBERG & REIS CO., L.P.A. 1400 K ppe s Building 436 S vent Avenue Pittsb rgh, A 15219 (412 434 955 Sworn to and subscribed before me This 2S- day of 4)9ZIL, , 2010 N COMMONWEALTH of PENNS?r, ?vAN1A Not" S60 WaYM A. JOndr, WWY P WIC Cary of , ANvo.ny counw Gott XM 29, 2014 MOMW nrvtwn of I t1ae PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland lames Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): November 27, 2010 COPY OF NOTICE OF PUBLICATION DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW R M RIJIFF; Detandant NO. 10-3031 CIVIL TERM 211L MOTION EM ALTER SERYiCH GRO11111112f AND NOW, thba 3rd day of Novembrir, 2010, upon cor?sideratiort of the Motbn of AkemaftService, It Is Ordered and dkected that service of the complaint In this ease upon R M Reiff may b*Made (1) by regular and certftd mail at 104 West Main Street: Apt. S. Meehan rr{??k PA 17055, service to be deemed complete upon mailing and (2j by?publt atfon once in the Cumberland County Law Journal and once in a newspaper of general ckculatlon In Cumberland County. Pennsylvania; FOLLOWING SERVICE of originsfpmcesslln the manner prescribed above, service of subsequent papers may be made by regular mail to Defendant's said last (mown address. BY THE COURT, J. Wesley Oler, Jr., Judge William T. Molczan, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. -11 Sworn to and su ibed bef a me this 61- C)DI0 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 3, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 3 day of December, 2010 Notary NOTARIAL AL E)QN?i DEBORAH A COLLINS Z Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28. 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-3031 CIVIL TERM DISCOVER BANK, Plaintiff V. R M REIFF, Defendant IN RE: MOTION FOR ALTERNATE SERVICE ORDER OF COURT AND NOW, this 3rd day of No- vember, 2010, upon consideration of the Motion for Alternate Service, it is ordered and directed that service of the complaint in this case upon R M Reiff may be made (1) by regular and certified mail at 104 W. Main Street, Apt. B, Mechanicsburg, PA 17055, service to be deemed complete upon mailing and (2) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania. FOLLOWING SERVICE of original process in the manner prescribed above, service of subsequent papers may be made by regular mail to De- fendant's said last known address. BY THE COURT /s/ J. Wesley Oler, Jr., J. Dec. 3 ?r (Domestic OnIY; I Cove Insurance rage Provided) -0 For delivery information visit our website at ? ? .,e? na? (-ems ??y ?r m O Postage / GJ Ln Certified Fee 9 ? -- d " M 0 Retum Recut Fee (Endorsement Required) P s ark 0 Restricted Delivery Fee i (Endorsement Required) O co Total Postage $ Feels $ r- O ent o ,5 T 1? r? 0 ....?.._......°- U----, Apt AIL T ....:._..... orP08oxAft(a °--- °-.......-------- . UNITED STATES Certificate 01 POSTAL SERVICE,g Mailing This Certificate of Mailing pmvMea evidence that mail has been presented to USPS® for mailing This forth may be used for domestlc and international maA. From: Weltmanr Welllharn Rr Dnle 1400 Kop?sers Bidg 436 7th Ave. i s urgh, PA 15219 MR 3 PS Form 3817, April 2007 PSN 7530-02-000-9065 ' .o t DISCOVER BANK Plaintiff vs. R M REIFF TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ?, CI C? --a =?i rn - =::0 tz? r -cm cn ? ca 10-3031 Civil Action No CIj rn "?` . C1 3C ca c? PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant R. M REIFF above named, in the default of an Answer, in the amount of $6434.52 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $5027.67 from March 1.1, 2010 to @ the interest rate of 28.240% Attorney's fees TOTAL $5027.67 $0.00 1 balance of February 04, 2011 per annum $1281.85 $125.00 $6434.52 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. Wa ro t,42 24 08251454 C/AlPit DFO Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS: CO., L.P.A., 436 Seventh Avenue, Suite 14:00 PittsburghgPA 521 9 And that the last known address of the De t is R M REIFF 104 W MAIN ST APT B MECHANICSBURG, PA 17055 Gw-#1yoaN atil tt#5aq 7&r!p N ot)Ice ?a% Ee l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 10-3031 CIVIL vs. R M REIFF Defendant IMPORTANT NOTICE TO: R M REIFF 104 W MAIN ST APT B MECHANICSBURG, PA 17055 Date of Notice: q Q L t t YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH 'THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. 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 8251454 A PIT B41 DISCOVER BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION vs. Civil Action No. 10-3031 CIVIL R M REIFF NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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 , R M REIFF is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense: Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: R M REIFF 104 W MAIN ST APT B MECHANICSBURG, PA 17055 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service :Members Civil' Relief Act Page 1 of 2 Feb-08-2011 09:07:30 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency REIFFR M Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/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. https://www.dmde.osd.mil/appj/scra/popreport.do 2/8/2011 Request for Military Status Page 2 of 2 .A 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 clays. 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 clays. 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:7BSF7H07G https://www.dmde.osd.mil/appj/scra/popreport.do 2/8/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK -,°- t Plaintiff No: 10-3031 CIVIL VS ? %+ . R M REIFF 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 08251454 C A Pit DFO L.= N -rl2Y OF ( A) Y57,??-F M -rH 16 C t vlz- S V -/F-F m^i)sT /? r -f, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3031 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From R.M. REIFF, 104 WEST MAIN STREET, APT. B, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 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 $6,434.52 L.L.$.50 Interest $414.41 Atty's Comm % Atty Paid $ ?93.SD Plaintiff Paid Due Prothy $2.25 Other Costs Date: March 27, 2012 (Seal) David D. Buell, Prothonotary 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. rr--11 Civil Action No. 10-3031 CIVIL R M REIFF i 1 6y ?'1?• f. 13, w ecA. PA- 176 -s?5 Defendant(s) PNC BANK i l05 Noble. Wvd, Car (? s le ?? I"1o?3 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 R M REIFF , Defendant 3. against PNC BANK, , , Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): /? N 1 .?aq, ? ?d CD IL 1( 14. av<< 0 C2 56 " c7 ? -M r > o $ $6,434.52 $ $0.00 $ $414.41 $ $6,848.93 WELTMAN, WEINBERG & REIS CO., L.P.A. By: 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. 8251454 buh'-?? A? e<q- c r ?M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. R M REIFF Defendant(s) PNC BANK Garnishee(s) No. 10-3031 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molezan, 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. 8251454 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson rti,z Sheriff -c_ Jody S Smith ' M Chief Deputy :?! t rt c ? N) . r Richard W Stewart Solicitor Discover Bank Case Number vs. R M Reiff 2010-3031 SHERIFF'S RETURN OF SERVICE 03/29/2012 09:58 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2012 at 0955 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: R. M. Reiff, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, b} handing to Ellen Laubach, Banking Officer/Assistant Branch 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 March 30, 2012 to R. M. Reiff, 104 W Main Street, Apt. B, Mechanicsburg, PA 17055. SO ANSWERS, March 30, 2012 RON R ANDERSON, SHERIFF tephen Bender,Deputy ii 'I E .`.:. ll 6ji s i fUPc0 r-}li 4 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee 2012 APR -4 FirE 2:11 ~U11BE_RLAHD COUNTY PENNSYLVANIA DISCOVER BANK COURT OF COMMON PLEAS VS. COUNTY OF CUMBERLAND R M REIFF : NO. 10-3031 and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. Date: 3_'_0_ 4 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK vs. R M REIFF C C7 rv C= ;t ?`. -rim z? -V ? e r -<> c rn o° r --{cam ,K Ca C-) COURT OF COMMON PLEAS` C) = COUNTY OF CUMBERLAND NO. 10-3031 and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK, Plaintiff 1. No. 2. Account titled R Michael Reiff has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge. Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $350.00 is authorized and will be deducted from the attached funds. After allowing for the general monetary exemption under 42 Pa.C.S. § 8123 and after the deductions set forth above garnishee admits to holding a balance of $2,958.21. 3. - 6. No. 7. (Q) 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? (A) No. 8. (Q) 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? (A) No. Dated: 0111- \`-l _`?_ VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unworn falsification to authorities. RE: Discover Bank vs R M Reiff DOCKET NO.: 10-3031 Theresa A Dusch Team Lead Garnishment Processing Position DATE: Anri112, 2012 Lit-233946.1 .: - F'- CE Z n i, L41!? 1H 130 NMI 2: UMHRLANO COUNT'." F ?i,.N-3 YLVA14 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-3031 CIVIL vs. PRAECIPE FOR JUDGMENT AGAINST GARNISHEE R M REIFF Defendant PNC 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8251454 at, la4SaCOU4 T 4 a-7yyvy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. R M REIFF Defendant: PNC BANK Garnishees Civil Action No. 10-3031 CIVIL PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, PNC BANK, in the amount of $2,958.21, which is less than the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8251454 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: c/o Sirlin Gallogy & Lesser, P.C., 123 S. Broad St, Ste 2100, Philadelphia, PA 19109 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK VS. R M REIFF and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 10-3031 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK, Plaintiff 1. No. 2. Account titled R Michael Reiff has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge. Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $350.00 is authorized and will be deducted from the attached funds. After allowing for the general monetary exemption under 42 Pa.C.S. § 8123 and after the deductions set forth above garnishee admits to holding a balance of $2,958.21. 3. - 6. No. 7. (Q) 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? (A) No. (Q) 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? (A) No. Dated:-L\- \`1 J\?- VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unswom falsification to authorities. RE: Discover Bank vs R M Reiff DOCKET NO.: 10-3031 Theresa A Dusch Team Lead Garnishment Processing Position DATE: Apnl 12, 2012 i Lit-233946.1 i t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3031 CIVIL R M REIFF Defendant. PNC BANK Garnishees NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( } Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment as entered against you on SR W 9- (xx) Assumpsit Judgment in the amount of $2,958.21 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By J.?JJ Wj; PROTHONOTARY (OR DEPUTY) PNC BANK C/O SIRLIN GALLOGLY & LESSER, P.C. 123 S. BROAD STREET, SUITE 2100 PHILADELPHIA, PA 19109 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK VS. R M REIFF and ?E1THON0 [,A '1092 MAY 14 PM 1: 4' ' Cl! PENN SYLVAN A COUNTY COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 10-3031 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE : ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BANK, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: 350.00 Notary Charges: 0.00 Entry of Appearance: 0.00 Answers to Interrogatories: 0.00 Order to Discontinue or Satisfy: 0.00 Other: Costs are hereby taxed in the amount of $ WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8251454 Attorney for Plaintiff(s) ` t.!NBERLAND COUNT`-( `PENNSYLVANIA DISCOVER BANK VS. R M REIFF, and PNC BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 10-3031 CIVIL PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter satisfied as to Garnishee(s), PNC BANK,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By li? ?/ William T. Molcz , Esquire Attorney for Plaint ff nrk°9.St??d 1 ?? losab-9?S ??a-? 5? ?o __ SHERIFF'S OFFICE OF CUMBERLAND COUNTY .onny RAnderson ~ ~>.~. Sheriff 'r ~ r~" P~~~I~~~~ ~.fat;`i` :t: ~_.. ;rrrF~ Jody S Smith )~ ~ ~ ~~~ _ I P~ ~, ~ ~ Chief Deputy Richard W Stewart ~~I~~~R~ki~~ (;u~j'j~, solicitor - F EI'~NS Y RYA td l ~i Discover Bank Case Number vs. 2010-3031 R M Reiff SHERIFF'S RETURN OF SERVICE 03/29/2012 09:58 AM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2012 at 0955 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: R. M. Reiff, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Ellen Laubach, Banking Officer/Assistant Branch 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 March 30, 2012 to R. M. Reiff, 104 W Main Street, Apt. B, Mechanicsburg, PA 17055. 10/26/2012 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: $88.38 SO ANSWERS, October 26, 2012 RON ~ R ANDERSON, SHERIFF ~, mss' P°~ . Co , . S~ LL p~` ~~ ~~~ ,~` a-~~- 5~s' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff r-a VS. Civil Action No. 10-3031 CIVIL ° rnrn r t R M REIFF c c(.1 Defendant(s) u� pr -v PNC PNC BANK -- Garnishee(s) ?� r•~ 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 R M REIFF , Defendant 3. against PNC BANK, , , Garnishee 4. Judgment Amount $ $6,434.52 Less Payments/credits received $ $2,608.21 / 38a1 31 Interest $ $835.41 Costs $ SUBTOTAL: $ $4,661.72 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esqu' PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building t 436 Seventh Avenue (-1(p �� C�F Pittsburgh, PA 15219 (412)434-7955 ��. 3g (t is °la. oo << op it � y occ �. 1 1p . SC) ` �' a, 0 0 3t.'1. 38 a , 960 gs-i WW No. 8251 54 r .1cs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-3031 CIVIL vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) R M REIFF Defendant(s) PNC BANK Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR No. 8251454 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-3031 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff(s) From R.M. REIFF, 104 W MAIN STREET,APT. B.,MECHANICSBURG,PA 17055 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK, 105 NOBLE BLVD.,CARLISLE,PA 17013 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; (2) 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$3,826.31 Plaintiff Paid$ Interest$835.41 Attorney's Comm. % Law Library$ Attorney Paid$334.38 Due Prothonotary$2.25 Other Costs$ Date: 12/30/13 � . David D. Buell,Prothonotary • Deputy REQUESTING PARTY: Name : WILLIAM T. MOLCZAN,ESQUIRE Address: WELTMAN,WEINBERG &REIS CO.,L.P.A. 1400 KOOPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for:PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Cum b Jody S Smith J"' i'e V 1 I Chief Deputy Richard W Stewart �� Solicitor - Discover Bank vs. Case Number R M Reiff , 2010-3031 SHERIFF'S RETURN OF SERVICE 01/06/2014 02:05 PM- Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant 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 January 7, 2014 to R. M. Reiff at 104 W Main St, Apt. B, Mechanicsburg, PA 17055. j/Af GUTSHALL, DEPUTY SO ANSWERS, January 07, 2014 RON■Y R ANDERSON, SHERIFF FILEy -i { WELTMAN,WEINBERG& REIS CO.,L.P.A. k.< j"t_ AR BY: Matthew D Urban,Esquire Attorney for Plaintiffs) I.D.No. 90963 2 lli ,FEB- O : PM 2' 436 Seventh Avenue, Suite 1400 CUMB RAND COUNTY Pittsburgh,PA 15219 pENIgSYLVANIA Phone: 412.434.7955 Fax: 412.434.7959 File# 8251454 DISCOVER BANK Cumberland County Court of Common Pleas vs. R M REIFF NO. 10-3031 CIVIL and PNC BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s),PNC BANK, only. WELTMAN, WEINBERG&REIS CO.,L.P.A. By Matthew D Urban, Esquire Attorney for Plaintiff 30 / ��� 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE $HSRIFF ;LED-OFF,C, THE PRCTBONC 7.014 AUG 29 PM 2: e2 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. R M Reiff Case Number 2010-3031 SHERIFF'S RETURN OF SERVICE 01/06/2014 02:05 PM - Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant 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 January 7, 2014 to R. M. Reiff at 104 W Main St, Apt. B, Mechanicsburg, PA 17055. 08/27/2014 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: $88.25 SO ANSWERS, August 27, 2014 (c) CountySufe Sheriff, Teleosoft, Inc. RONNR ANDERSON, SHERIFF �?s j,I Cc f.7,5,---01 ,A4 3 /'b 12S