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HomeMy WebLinkAbout10-3036 2?Ia ?iFs°? - ? r ? ? ,,• ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: ?O _ 30.3 C vs JAMES C GREER KELLY S GREER COMPLAINT IN CIVIL ACTION Defendants 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 08003567 C N Pit EMR i??? ;2 C/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JAMES C GREER KELLY S GREER Defendants Civil Action No COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendants are adult individual(s) residing at the address listed below: JAMES C GREER 9 OAK AVE ENOLA, PA 17025 KELLY S GREER 9 OAK AVE ENOLA, PA 17025 3. Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX2069 . 4. Defendants made use of said credit card and has a current balance due of $2663.30 , as of March 25, 2010 . 5. Defendants are in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 23.100% per annum on the unpaid balance from March 25, 2010 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendants , JAMES C GREER AND KELLY S GREER , JOINTLY AND SEVERALLY , in the amount of $2663.30 with continuing interest thereon at the rate of 23.100% per annum from March 25, 2010 plus costs. WELTb 436 E Pitt: (412) FAX: 0800a This law firm is a debt collector at our client and any information obtai Wa?odV,42524 EINBERG'& REIS CO., L.P.A. h Avenue, Suite 1400 PA 15219 7955 338-7130 C N Pit EMR ng to collect this debt for 11 be used for that purpose. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JAMES C GREER Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: (Jamie 'lliams A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ,. , Mjl ~ G'vi ~,,F~-~, C'!.'' i . ,' i ~:' ~i~'~_~'~ is IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES C GREER KELLY S GREER No: 10-3036 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Defendants 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 08003567 C N Pit NPE Judgment Amount $2811.97 ~/. ''~~~~/~ 17~/y lUQhibre~l~ ~~y/ yUGrS yA'i ,~c+#adssr,~i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA},NA Plaintiff vs. Civil Action No. 10-3036 CIVIL JAMES C GREER KELLY S GREER PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendants JAMES C GREER KELLY S GREEK above named, in the default of an Answer, in the amount of $2811.97 computed as follows: Amount claimed in Complaint Less payments / adjustments made $2663.30 $o.oo Interest on the remaining principal balance of $2258.78 from March 25, 2010 to July 07, 2010 Q the interest rate of 23.100 per annum $148.67 Attorney s fees TOTAL $0.00 $2811.97 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: Jam 08003567 C N Pit NPE Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendants are JAMES C GREER 9 OAK AVE ENOLA, PA 17025 KELLY S GREER 9 OAK AVE ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES C GREER KELLY S GREER Civil Action No. 10-3036 CIVIL 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 -~/~~!/gyp (xx) Assumpsit Judgment in the amount of $2811.97 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 ( ) Arbit~tion Award Prothonotary BY : .,~ JAMES C GREER 9 OAK AVE ENOLA, PA 17025 KELLY S GREER 9 OAK AVE 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 CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-3036 CIVIL JAMES C GREER KELLY S GREER 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 Defendants ,JAMES C GREER KELLY S GREER are 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. JAMES C GREER 9 OAK AVE ENOLA, PA 17025 KELLY S GREER 9 OAK AVE ENOLA, PA 17025 are 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-21-2010 07:03:33 Namet FirstlMiddle Begin Date Active Duty Status Active Duty End Date Service Agenc GREER JAMES C 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/faq/pis/PC09SLDR htrnl. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.miUappj/scralpopreport.do 7/21/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d}(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(1) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guazd Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate aze urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA aze 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:NEEINHI3HQ https://www.dmdc.osd.miUappj/scra/popreport.do 7/21/2010 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-21-2010 07:04:11 Name FirstlMiddle Begin Date Active Dnty Status Active Duty End Date Ag ~Ce GREER KELLY S 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, NOAH, Public Health, and Coast Guazd). ~ ~-~ 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 caze 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 aze 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/fac~/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 5CRA points-of- contact. https://www.dmdc.osd.miUappj/scra/popreport.do 7!21!2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guazd 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 Guazd RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate aze urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA aze 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:SJLNVQOBMF https://www.dmdc.osd.miUappj/scra/popreport.do 7/21 /2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL D{VISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES C GREER KELLY S GREER Defendant Case No. 10-3036 CIVIL IMPORTANT NOTICE TO: JAMES C GREER 9 OAK AVE ENOLA, PA 17025 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 DAY5 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 W{TH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENC{ES 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 WELTMA EINB G &REIS CO .~P~"'~~ B Matthew Urban f P.A.I.D.# 90963 WELTMAN, WEINBERG 8~ REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7965 8003567 N PIT G46 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES C GREER KELLY S GREER Defendant Case No. 10-3038 CIVIL I~IAPOR~'ANt NOTICE TO: KELLY S GREER 9 OAK AVE ENOLA, PA 17025 Date of Notice: ~ o 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 RiOHT5. 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. 7HiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F 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, INB RG &REIS CO. Matthew Urban P.A.t.D.# 90983 WELTMAN, WEINBERG &REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8003567 N PIT G4B IN THE COURT OF COMMON PLEAS OF CLJM:3ERLANU COUNTY, PENNSYLVANIA CIVIL t-)IVISiON CAPITAL ONE BANK (USA).NA Plaintiff vs. Civil Action No. 10-3036 CIVIL JAMES C GREER 0a14 Me- KELLY S GREER? Defendant(s) - W• l-l,fh S? ?? (t'Sle PW«o13 M & T BA - ? = NK r ? r. I C r . Garnis'hee(s) PRAECIPE FOR WRIT OF EXECUTION -C * -- r-,_ TO TIH?' . PROTHONOTARY: Kindly iss ae a V';-it of Execution in the aoove mat: ?r =a , ... I . directed t,-: the Sheriff of CUMBERLAND ^ounty: 2. agait;,t J/`,,MES C GREER KELLy'S KFA- .Y ' ?cfendant 3. aga,nst 1\. _ & T BANK, , , Garnishee 4. Judgment lunount $ $2,811.97 V Less Payrnents/credits received $ $0.00 Intm.st $ $204.31 Coles $ SUBTOTAL: $ $3,016.28 Costs (to ,)e added by Prothonotary): $ © WELTMAN, WEINBERG & REIS CO., L.P.A. 57.50 -- William T. Molczan, Esquire a•? u k PA I.D. 447437 G WEL'N4.kN, W-FINIBERG & REIS CO., L.P.A. .."opers Building 0%52) 436 Seventh Avenue oL 6br `QO 50 Pittsburgh. PA '.5219 (412) 434-7955 WWR No. t,0(?3567 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3036 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA) NA Plaintiff (s) From JAMES C GREER AND KELLY S GREER, 9 OAK AVENUE, 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: M&T BANK, 1 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$2,811.97 Interest Atty's Comm % Atty Paid $190.50 Plaintiff Paid Date: OCTOBER 25, 2011 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs w David D. Buell, Prothonota 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 A? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE?N?NSYLVANIA CIVIL DIVISION CAPITAL. ONE BANK (iJSA),NA Plaintiff vs. JAMES C GREER KELLY S GFEER Defendan'_(,O M&TBANK (:;?rmishee(_ ) Civil Action No. 10-3036 CIVIL ?L J INTERROGATORIE 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. 8003567 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (l_-SA),NA Plaintff vs. JAMES C GREER h1;I.E1" S GREER Defendant(s) M & T BANI? Garnishee(s) Civil Action No. I0-3036 CIVIL TO: M & T BANK, I WEST HIGH ST, CARLISLE, PA 17013 RE: JAMES C Gi:EER, 9 OAK AVE, ENOLA, PA 17025 KELLY S CREF_,,Z , 9 OAK AVE, ENOLA, PA 17025 Suggested Ref-erenc? No.: XXX-XX-2445 XXX-XX-2322 IMPORTANT NOTICES TO GARNISHEE! :.. YOU are required to file ansvvors to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herrin. the word "defendant" means anv 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 hapds of the garnishee; it also attaches all property of t1w defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a GarnishL: a-Baal; 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. 8003567 ?gayea/anc o°C ''sa Ret?eCp?ded end O?js hp0 INTERROGATORIES IN ATTACHMENT p,ao °r?e Sted 1. At the time you were served or at any subsequent time did you owe the defendant NYjWy or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any rf?'(?ey or were liable lo, hi for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? I s. If the answer to Interrogatory I is in the affirmative, state the following: the amount of 11101cv volt okk?c +?r owed to defendant, and, if s!ich money is in the form of a fund, the present location fhcreol; the terms,Jfac,, amokmt 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. 2. At tLe timF• , _,u 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. 0o 3. At IM 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 11t,which defendant held or claimed any interest? N0 i. At '.he time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At aoy time before or after } ou were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or cor,tient and if so what wqs the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any m?,mey 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? 0-) 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 attachmerai under Pennsvivania or federal law': If so, Identify each account and state the reason for the exemption, the amon: f being withheld under each exemption and the arnount of funds in each account, and the entity electrons .lly depositing those funds on a recurring basis. N j.jJ W" No. 8003567 8. If you art 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. j 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these Oil this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. ? 1110 l I i. If V.•? response '.e Interrogatory 7 is in the affirmative, are other funds comingled in the account which arc not deposited elec1r- Jicaily on a recurring basis and which are identified as being funds that upon deposit are exempt from execution levy or atrachment under Pennsylvania or federal law? N (I- 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. i° l l ?-- WELTMAN, WEINBERG & REIS CO., L.P.A. Bv:i????w?- William T. Molczan, Esquire PA I.D. #47437 WELTMAN, W EINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8003567 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating Melissa M. Peters to unsworn falsifications to authorities, that he/she is M&T Batik 1 (Name) - G of - 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 Irnterro:;:<to6es are tra;: and coffect to the b, st of hi Jq-i NOV I# 2Qf f owledge, information and belief. (SIGNATURE) WWR No. 8003567 SHERIFF'S OFFICE'OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t?\ , at ?il? h s? ??.?G-t3FF?C Jody S Smith Chief Deputy Richard W Stewart Solicitor 7041 NOV 28 Pal Li: 13 taUMBERLi;iC i GW4' Y` f ENN'-zYLVANIA Capital One Bank (U.S.A.) N.A. Case Number vs. James C. Greer (et al.) 2010-3036 SHERIFF'S RETURN OF SERVICE 10/28/2011 11:12 AM - 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to DONNA EGOLF - TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 1, 2011 to James C. Greer & Kelly S. Greer at 9 Oak Avenue, Enola, PA 17025. 11/17/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $171.85 SO ANSWERS, November 28, 2011 RON R ANDERSON, SHERIFF s-ZF