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HomeMy WebLinkAbout10-3198F~l~~~ ~ ~`~~ ~,~ TNr ~rvrTp :;~~~~~~Y Z~IU ~°,wY 1 ~ PE1 ~~'~~ CU~~~.~ -. ~~ ~~~~_~ti ~~i aitii~'~L.~y ~ v~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Defendant No: 6~ ~ 31Q$ ~1V~L ~'~ 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 07430587 C N Pit EMR 0 $Ra.oo PQ per'`/ C~~ ~{~(ol Clt ~~ a~ ato77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No CANDIDA ARENA 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, HSBC BANK NEVADA, N.A. is a corporation with offices at 1111 TOWN CENTER DR. LAS VEGAS NV 89193 2. Defendant is adult individual(s) residing at the address listed below: CANDIDA ARENA 289 PLAZA DR BOILING SPRINGS, PA 17007 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3339 . 4. Defendant made use of said credit card and has a current balance due of $2882.55 as of April 13, 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 6.000% per annum on the unpaid balance from April 13, 2010 A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made apart hereof. 7. 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 CANDIDA ARENA individually in the amount of $2882.55 with continuing interest thereon at the rate of 6.0000 per annum from date of judgment plus costs. James C Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S e th Avenue, Suite 1400 Pitts ur h, PA 15219 (412) 43 -7955 FAX: 41 -338-7130 074 05 7 C N Pit EMR This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. HSBC GOLD MASTERCARD CANDIDA ARENA ACCOUNT SU M MARY ACCOUNT ~-3339 NUMBER TOTAL CREDIT LIMIT $4,250 TOTAL CREDIT LIMIT $0 AVAILABLE CASH CREDIT LIMIT f $1,062 CASH LIMIT AVAILABLE $0 STATEMENT DATE 05/03/09 PAYMENT SUMMARY MINIMUM PAYMENT' $95.00 PAYMENT DUE DATE 05/28/09 PAST DUE AMOUNT $414.00 CURRENT PAYMENT DUE' $509.00 To avoid an additional late fee, you must pay the Curren Pa yment Due (which includes the Minimum Paymren(plus any Past Due AmaunO. 'See About Your Payment on reverse for an explanation of these amounts. 1 Cash Credit Limit is a portion of the Total Credit Limit Masi:er[artl f~ Y Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $2,674.98 PAYMENTS/CREDITS - $0.00 PURCHASES/DEBITS + $0.00 FINANCE CHARGE + $66.72 NEW BALANCE _ $2,741.70 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back Balance Subject To Finance Charge Daily Days Finance Charges NOMINAL ANNUAL Average Daily Periodic in Billing At Periodic PERCENTAGE Balance Rate Cycle Rate RATE PURCHASES $2,707.09 0.08216%(v) 30 $66.72 29.99%(v) CASH ADVANCES $0.00 0.08216%(v) 30 $0.00 29.99%(v) ANNUAL PERCENTAGE RATE' 29.989°/, "May be higher then Nominal Percentage Rate if statement includes misc. finance charges. M indicates variable rate ~XHlBI i / MAIL PAYMENTS TO: ~ QUESTIONS? ®MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 17051 24-HOUR CUSTOMER SERVICE HSBC CARD SERVICES BALTIMORE MD 21297-1051 1-800-477-6000 PO BOX 81622 OUTSIDE USA, COLLECT: 1-757-523-3880 SALINAS CA 93912-1622 TDD HEARING IMPAIRED: 1-800-395-9020 8 Manage your account online at: www. hsbccreditcard.com 080370 S N 03 0000000300 G STMTXO 2 7 00007415 EXCPT PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credi[ Please Write Your Account Number On Your Check HSBC ~ Account Number 3339 New Balance $2,741.70 Minimum Payment $95.00 Pa ment Due Date 05/26/09 Current Pa ment Due 5509.00 Include account number on check to HSBC CARD SERVICES. Do not send cash. Send payment 7 to 10 days prior to Payment Due Date to ensure timely delivery. To avoid an additional late fee, pay the Current Payment Due. Amount Enclosed CANDIDA ARENA 289 PLAZA DR BOILING SPRINGS PA 17007-9433 Il~rllrrrlllll~llll~ll'III'Il~~~lllr~~ll'I~Irl~~llr~l~'I'I~rllll) II'~~'1111"Il~llrrrrlrllrl'~'ll~rlllrll~~~'I~~I~~11111~111~'Il~l HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 333900050900002741702 ~ y 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, CHARLES SHUMAN, employee, of HSBC BANK NEVADA, N.A., plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. L~~ CHARLES SHUMAN 07430587 _3339 $2882.55 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ,,~ ~:§~ =;. A -~~ ~ ~ ~~ lrG(1..•. ;'~'~'Y HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-3198 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 07430587 C N Pit JAM Judgment Amount $2882.55 ~ I~.oo PP ATM C~ 4l~ly 353°1 ~~ a~rs~~to ~lc~kee I~c~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 10-3198 CIVIL TERM CANDIDA ARENA PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant CANDIDA ARENA above named, in the default of an Answer, in the amount of $2882.55 computed as follows: Amount claimed in Complaint $2882.55 Less payments / adjustments made $0.00 Attorney's fees $0.00 TOTAL $2882.55 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. 07430587/C ~l~T Pit JAM Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsbur A 15219 And that the last known address of the fendant is CANDIDA ARENA 289 PLAZA DR BOILING SPRINGS, PA 17007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Civil Action No. 10-3198 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 'l~aallD (xx) Assumpsit Judgment in the amount of $2882.55 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 Prothono By: CANDIDA ARENA 289 PLAZA DR BOILING. SPRINGS, PA 17007 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Defendant Case No. 10-3198 CIVIL TERM IMPORTANT NOTICE TO: CANDIDA ARENA 289 PLAZA DR BOILING SPRINGS, PA 1700``7 Date of Notice: 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 OFFIGE 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) 249-3186 WELTMAN, INB RG & REIS CO., L.P.A. By~ 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 7430587 N PIT G4B IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Civil Action No. 10-3198 CIVIL TERM 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 CANDIDA ARENA 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. CANDIDA ARENA 289 PLAZA DR BOILING SPRINGS, PA 17007 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-12-2010 11:54:50 "~. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc ARENA CANDIDA Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~~. ~i-~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 7/12/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:VJ3SA686D3 https://www.dmdc.osd.mil/appj/scra/popreport.do 7/12/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. CANDIDA ARENA 993 -PhWt S'?r?rrgS I O 17D6-1 Defendant MEMBERS 1 ST FEDERAL CREDIT UNION, 301 y0( k Ctoa.cl t CAA(Sle C N 1.7013 Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... Civil Action No. 10-3198 CIVIL TERM 1. directed to the Sheriff of CUMBERLAND County: 2. against CANDIDA ARENA, Defendant 3. against MEMBERS 1 ST FEDERAL CREDIT UNION, Garnishee 4. Judgment Amount $ Interest $ Costs $ SUBTOTAL: $ Costs (to be added by Prothonotary): $ 94.5b ' -?a a 1 38 . % CRF ` 01 1 00 '* if . . jy. oo 4 it ? a.so k< <. ? 111• g? ?? a? 3 rnm .rn r" C 1 =-I ? C C x} E5 . 5 C) 2882.55 92.88 2975.43 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WE.INBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 a oo ?)w I&. a ,50 u-- ??.? S0?} sa4 I Wn? tyF fY-TSSI'?. y r J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff VS. CANDIDA ARENA Defendant MEMBERS 1sT FEDERAL CREDIT UNION, Garnishee, No. 10-3198 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7430587 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-3198 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK NEVADA NA Plaintiff (s) From CANDIDA ARENA, 223 Plaza Drive, Boiling Springs, PA 17007 (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: MEMBERS IST FEDERAL CREDIT UNION, 321 YORK 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 $2,882.55 Interest $92.88 Atty's Comm % Atty Paid $171.80 Plaintiff Paid Date: 2/15/11 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs la4Hc- L I .? David D. Buell, Prothonotary ?m - 4't24- Deputy REQUESTING PARTY: Name MAT'T'HEW D. URBAN, ESQUIRE Address: WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BUILDING 436 7TH AVENUE PITTSBURGH, PA 15219 Attorney for: Plaintiff Telephone: 412-434-7955 Supreme Court ID No. 90963 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. CANDIDA ARENA Defendant and MEMBERS I ST FEDERAL CREDIT UNION Garnishee No. 10-3198 CIVIL TERM INTERROGATORIES IN ATTACHMENT MEMBERS 1sT FEDERAL CREDIT i31'±IIOI f 71 w FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7430587 RECEIVED FEB 18 2011 C.: r i..r.? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. CANDIDA ARENA Defendant and MEMBERS I ST FEDERAL CREDIT UNION Garnishee Civil Action No.: 10-3198 CIVIL TERM TO: MEMBERS 1sT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-9611 321 York Road Carlisle, PA 17013 RE: CANDIDA ARENA 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT I. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 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. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 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? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 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. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory I is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory 1 I is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. y: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7430587 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unswom falsifications to authorities, that he/she is -- (Name) 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 Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) f*Vl, A MEMBERS V' FEDERAL CREDlr UNION February 22, 2011 Candida Arena 109 Meals Drive Carlisle, Pa 17015 Account Number: XXX840 Name on Account: Candida Arena Marie R Della Ragione (joint) Savings: $5.00 -5.00 (Membership Fee) $0.00 Checking: $564.92 50.00 (Processing Fee) $514.92 $300.00 Statutory Exemption was not taken out. Jody L Burkholder Deposit Operations Analyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1 st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. GNATURE) 4< SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1, c•i t ci a rh/ ?1c? r 9 c- Jody S Smith $ Chief Deputy tB01122 PM 2 Richard W Stewart Solicitor ;}L'; s'1 1.s_ . . ,-, . HSBC Bank Nevada, NA Case Number vs. 2010-3198 Candida Arena SHERIFF'S RETURN OF SERVICE 02/18/2011 11:14 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1111 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Candida Arena, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 321 York Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jennifer Robertson, Customer Service Representative, 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 February 22, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, PA 17007. SO ANSWERS, February 22, 2011 RON R ANDERSON, SHERIFF ichael B rick, Depu r.. , t , :ait• r'IOTNONOTARY 2011 MAR 18 Pli 3* 25 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. CANDIDA ARENA Defendant MEMBERS 1 s' FEDERAL CREDIT UNION Garnishee No. 10-3198 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE 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 W WR#7430587 Gam} %q0-0 ed ct1 Cckt010?1? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. CANDIDA ARENA Defendant MEMBERS I ST FEDERAL CREDIT UNION Garnishee Civil Action No. 10-3198 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, MEMBERS 1 ST FEDERAL CREDIT UNION, in the amount of $214.92, which is less than 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. U , 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#7430587 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 5000 Louise Drive, Mechanicsburg, PA 17055 A ri(l"' MEMBERS 1st FEDERAL CREDIT UNION February 28, 2011 Matthew D Urban, Esq. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, Pa 15219 RE: Writ of Execution for Candida Arena Dear Mr. Urban: A search of our records has revealed one (1) checking account and one (1) savings account bearing the names Candida Arena and Marie r Della-Ragione with an address of 109 Meals Drive, Carlisle, Pa 17015. The checking account reflects an available balance of $514.92. The savings account reflects a zero or less balance. Pursuant to the writ, all funds in the aforementioned accounts have been frozen and the accounts have been restricted from any further activity. Pursuant to Rule 3111.1 of Title 231 as promulgated and made effective on April 1, 2007, the total balance of both accounts exceeds the general monetary exemption under 42 Pa. C.S. § 8123 and are therefore attachable. The full amount of the attachable funds is contained in the interrogatories as filed with the Cumberland County Prothonotary. Since the funds contained in these accounts are attachable, and the accounts have been frozen and restricted from any further activity, no additional funds will be available for attachment. Should you have any questions or need any additional information, feel free to contact me at (800) 283-2328, ext. 6353. Sincerely, )00/ Jody L Burkholder Deposit Operations Analyst 5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org RE.CEW FEB $ 8 200 !RECEIVED FEB 18 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff VS. CANDIDA ARENA Defendant and MEMBERS I ST FEDERAL CREDIT UNION Garnishee No. 10-3198 CIVIL TERM INTERROGATORIES IN ATTACHMENT MEMBERS 1" FEDERAL CREDIT UNION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7430587 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. CANDIDA ARENA Defendant and MEMBERS I ST FEDERAL CREDIT UNION Garnishee Civil Action No.: 10-3198 CIVIL TERM TO: MEMBERS 1 ST FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-9611 321 York Road Carlisle, PA 17013 RE: CANDIDA ARENA 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 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. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 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? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 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. 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 tinder 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 1 ] . 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 froth execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7430587 f*VI"'St MEMBERS ist FWFRUCRWrf UNION February 22, 2011 Candida Arena 109 Meals Drive Carlisle, Pa 17015 Account Number: XXX840 Name on Account: Savings: Candida Arena Marie R Della Ragione (joint) $5.00 -5.00 (Membership Fee) $0.00 Checking: $564.92 50.00 (Processing Fee) $514.92 $300.00 Statutory Exemption was not taken out. Jody L Burkholder Deposit Operations Analyst y? 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1 st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. JIGNATURE) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff No. 10-3198 CIVIL TERM vs. CANDIDA ARENA Defendant(s) MEMBERS FIRST FCU BELCO COMMUNITY CREDIT UNION M&T BANK, Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7430587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Defendant(s) MEMBERS FIRST FCU BELCO COMMUNITY CREDIT UNION M&T BANK Garnishee(s) Civil Action No. 10-3198 CIVIL TERM > C4, PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: C- N V c.n (.,1) r- Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against CANDIDA ARENA , Defendant aa3 PlgzaDrlye, 66(in9 Sprin?s, PA 17007 3. 1W le P againstPEMBERS FIRST FCU, BELCO COMMUNITY CREDIT UNION, M&T BANK, on Spring 2d,( I l0le PA P 17' Garnishee Cwiisle ike S3cv?I Med-anic&ur PA 4. Judgment Amount $ $2,882.55 Less Payments/credits received 214.92 Interest 1 $151.64 Costs ?,, ?l q. a1 SUBTOTAL: $2,819.27 Costs (to be added by Prothonotary): s $a4 -so Qp /iTT? WELTMAN, WEINBERG & REIS CO., L.P.A. 38.80 CI3F U.ao 11 14.00 By: 'I DO 14 Matthew D. Urban, Esquire . 8-00 PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. IRI.30 ` PO ATTY 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 a. oo QLr- Co C ' Sd33 44 3 X1088 c Lori* o?&reC(;t4to? WWR No. 7430587 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3198 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK NEVADA, N.A., Plaintiff (s) From CANDIDA ARENA, 223 Plaza Drive, Boiling Springs, PA 17007 (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: MEMBERS FIRST FCU, 1711 Spring Rd, Carlisle, PA 17013 BELCO COMMUNITY CREDIT UNION, 5304 Carlisle Pike, Mechanicsburg, PA 17050 M&T BANK, I W 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 $2,667.63 L.L. Interest -- $151.64 Atty's Comm % Due Prothy $2.00 Atty Paid $1611.30 Other Costs Plaintiff Paid Date: 6/27/11 Da id D ell, kProthono (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO ., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o -ry Jody S Smith ?r?rrtr?? 3 va `„yr 51 t o nw Chief Deputy Z r -O Richard W Stewart rn C3° Solicitor r A C) = -n = X =O ? %.0 c HSBC Bank Nevada, NA vs. Case Number Candida Arena 2010-3198 SHERIFF'S RETURN OF SERVICE 07/01/2011 03:32 PM - Shawn Harrison, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, BELCO Community Credit Union at 5304 Carlisle Pike, Hampden Townsihp, Mechanicsburg, PA 17055, Cumberland County, by handing to KATELYN THOMPSON - MEMBER SERVICE REPRESENTATIVE, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, Pennsylvania, 17007. 07/01/2011 03:21 PM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1 st FCT at 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to MERLINDA WILKINS MEMBER SERVICE REPRESENTATIVE, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, Pennsylvania, 17007. 07/01/2011 02:56 PM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to DONNA EGOLF TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, Pennsylvania, 17007. SO ANSWERS, July 05, 2011 SHERIFF Srwn Ha'''rfison, Deputy Sheriff Denn s Fry, D ty Sheriff (C) co n tysulte SY;e';Yf. TP.IBCSU'f. (I'::;. FILED-OFFICE OF THE PROTHONOTARY 2011 JUL -7 PM 3: 15 CUMBERLAND COUNT'S PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Defendant(s) Civil Action No. 10-3198 CIVIL TERM AK5 W CrS INTERROGATORIES IN ATTACHMENT MEMBERS FIRST FCU BELCO COMMUNITY CREDIT UNION M&T BANK Garnishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7430587 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Defendant(s) MEMBERS FIRST FCU BELCO COMMUNITY CREDIT UNION M&T BANK Garnishee(s) Civil Action No. 10-3198 CIVIL TERM TO: MEMBERS FIRST FCU, 1711 SPRING RD, CARLISLE, PA 17013 BELCO COMMUNITY CREDIT UNION, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 M&T BANK1 WEST HIGH STCARLISLE, PA 17013 RE: CANDIDA ARENA, 223 PLAZA DRIVE, BOILING SPRINGS, PA 17007 Suggested Reference No.: XXX-XX-9611 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtors 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. 7430587 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? 00 I 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 find, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. AQ 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. •l0 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? V) 0 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? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? ,0 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ?a 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. M W WR No. 7430587 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 hands, did not exceed the amount of the general monetary exemption under 42 Pa.C_S. § 8123? If so, identify each account. \? S 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory I is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. / Vl A H. 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? 0 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. see WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 7430587 St MEMBERS 1St FEDERAL CREDIT UNION July 1, 2011 Candida Arena 109 Meals Drive Carlisle, PA 17015 Review Dates (60 Days): May 3, 2001 - July 1, 2011 Total Writ of Execution: $3,012.57 Account Number: XXX840-0000 Name on Account: Candida Arena Savings: $5.00 -5.00 (Membership Fee) $0.00 Payroll: Account Number: XXX840-0011 Name on Account: Candida Arena Checking: $300.00 -50.00 (Processing Fee) $250.00 Payroll: $300.00 Statutory Exemption was not taken out. '?' ?a'V-U' -t L?w"'- Tania S. Young Deposit Operations A lyst Rev: 06/11 5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. J"u4qmv (SIGNATUR ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. CANDIDA ARENA Defendant(s) ca Civil Action No. 10-3198 CIVIL TE1&M r- cn r 7C co 3? ;- r-? err Garnishee(s) ?--- A,-)J ZA) ,Q lv =4E4A4J9&4-au ? MEMBERS FIRST FCU BELCO COMMUNITY CREDIT UNION M&T BANK TO: MEMBERS FIRST FCU, 1711 SPRING RD, CARLISLE, PA 17013 BELCO COMMUNITY CREDIT UNION, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 M&T BANKI WEST NIGH STCARLISLE, PA 17013 RE: CANDIDA ARENA, 223 PLAZA DRIVE, BOILING SPRINGS, PA 17007 Suggested Reference No.: XXX-XX-9611 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 7430587 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including finds on deposit for checking or savings accounts and certificates of deposit)? ?? HAS NO & T BANK OPEN ACCOUNT;, FOR ABOV- NAMEf' 1 a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or 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 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 k t?. l?r 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 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? N1A 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any llperson or place pursuant to your directions or consent and if so what was the consideration thereof? N? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? , l 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. ?)tt4 WWR No. 7430587 S. 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 finds 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. PAI 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. A 10. If the answer to Interrogatory I is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being finds that upon deposit are exern t from execution, levy or attachment under Pennsylvania or federal law? OV 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. ?13 1?\- WELTMAN, WEINBERG & REIS CO., L.P.A. Y. Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 7430587 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is 4 (Name) _ 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 Interrogatories are true and correct to the best of his/her knowledge, information and belief. WWR No. 7430587 HSBC BAN NEVADA, N.A., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ; a t CANDIDA ARENA rnm Xrn rnF DEFENDANT r-o w? = c; MEMBERS 1ST FEDERAL c-a rNa la-3x98 ` CREDIT UNION, -; GARNISHEE : 44-3484 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2011, a hearing on the within claim for exemption shall commence at 1:30 p.m., Friday, July 22, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. Matthew D. Urban, Esquire 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Candida Arena 223 Plaza Drive Boiling Springs, PA 17007 Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Sheriff -s" M? ?Pies y/4 pKB saa WELTM.,L I, WE.INBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I.D. No.9063 436 Seven,:i: Av.;nue, Suite 1400 Pittsburgh, `A 1;219 Phone: 412,434. "1955 Fax: 412.434.79'")9 File # 7430587 HSBC BANK NEVADA, N.A. vs. CANDIDA ARENA and MEMBF,P.S Fli;ST FCU BELCO COMMI NITY CREDIT UNION M&T BAN}, Graishee(s) Attorney for Plaintiff(s) gII1 Z' It. 41 ? 'HSYL CUMBERLAND County Court of Common Pleas NO. 10-3198 CIVIL TERM PUAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS FIRST FCU BELCO C0h4MLiNITY CREDIT UNION M&T BANK, only. WELTMAN, WE ERG REIS C By Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to an,' subscribed Before r t;1e 2 day of JULY, 2011 NOTARY PUBI:IC COMMONWEALTM OF PENNSYLVANIP Notarlal Notary publiC Wendy L. Gault, heny County City of ureh, Aile July 15, 2014 lres EXp COm pl gia 0,,," stien of Notaries ctw:` t? mrtA Q 1bot?Pa? O)e HSBC BANK NEVADA, N. A Plaintiff V. CANDIDA ARENA, Defendant MEMBERS 1st FEDERAL CREDIT UNION, Garnishee IN THE COURT OF COMMON PLEAS OF? CUMBERLAND COUNTY, PENNSYLVANIA 10-3198 CIVIL TERM IN RE: DISMISS CLAIM FOR EXCEPTION ORDER OF COURT C") r-.a ""F7 rn co ?. -a r -I 70 C CO cw M rv cn a AND NOW, this 22nd day of July, 2011, the Defendant, Candida Arena, having appeared in court pursuant to a claim for exception, and counsel for the Plaintiff having appeared telephonically, we do, after discussion between Ms. Arena,. Mr. Urban and the Court, find that this matter is moot and, therefore, dismiss the claim for exception. By the Court, Albert H. Maas and, J. /tthew D. Urban, Esquire (telephonically) 436 Seventh Avenue, STE 1400 Pittsburgh, PA 15219 For the Plaintiff ,-'-'Candida Arena, Defendant pro Se 223 Plaza Drive Boiling Springs, PA 17007 -,-1q'e"mbers 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 pcb 7?aS?r? SHERIFF'S OFFICE OF CUMBERLAND COUNTY r .tinny R Anderson Sheriff FILED-OFF!CL. oM °i ?''v4rrtO THE PROTH??N04* ARY Jody S Smith Chief Deputy s`>t 2012 FEB 21 AM 8:13 Richard W Stewart Solicitor FFf - -CUMBERLAND COUNTY PENNSYLVANIA HSBC Bank Nevada, NA Case Number vs. Candida Arena 2010-3198 SHERIFF'S RETURN OF SERVICE 02/18/2011 11:14 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2011 at 1111 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Candida Arena, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 321 York Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jennifer Robertson, Customer Service Representative, 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 February 22, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, PA 17007. 04/15/2011 Claim for exemption filed this date. Taken to Court Administration to schedule a hearing. 02/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.06 SO ANSWERS, 1?z February 17, 2012 RON R ANDERSON, SHERIFF c '.;euni.,guite hentf. Teiee.=.oft. fnc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson ,ff ?ninbrF?44o OFFICE , r. -"E $!-ERIFF CIF THELPR THONOTA `y. dy S Smith ,hief Deputy Richard W Stewart Solicitor 2012 FEB 21 AN 8: 13 CUMBERLAND COUNTY PENNSYLVANIA HSBC Bank Nevada, NA vs. Candida Arena Case Number 2010-3198 SHERIFF'S RETURN OF SERVICE 07/01/2011 03:32 PM - Shawn Harrison, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, BELCO Community Credit Union at 5304 Carlisle Pike, Hampden Townsihp, Mechanicsburg, PA 17055, Cumberland County, by handing to KATELYN THOMPSON - MEMBER SERVICE REPRESENTATIVE, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, Pennsylvania, 17007. 07/01/2011 03:21 PM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1 st FCT at 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to MERLINDA WILKINS MEMBER SERVICE REPRESENTATIVE, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, Pennsylvania, 17007. 07/01/2011 02:56 PM - Dennis Fry, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to DONNA EGOLF TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 5, 2011 to Candida Arena at 223 Plaza Drive, Boiling Springs, Pennsylvania, 17007. 07/18/2011 Claim for Exemption filed this date, took to Court Admin. 02/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $203.89 SO ANSWERS, February 17, 2012 RON R ANDERSON, SHERIFF c?? y?. Ms's] ?3