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HomeMy WebLinkAbout10-3537f, F!Lf_ La r Y{; f?y 2010 hA 27 t: 29 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10 - 3`] C?v?l lern? VS. COMPLAINT IN CIVIL ACTION DIANA NOVINGER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08251628 C A Pit EMR O *ga.bo PD NTre,* 4-%Aqq4 p.# oZ ga'17 5' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No DIANA NOVINGER Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: DIANA NOVINGER 218 S HIGH ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9318 . 4. Defendant made use of said credit card and has a current balance due of $5330.77 , as of March 11, 2010 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 22.990% per annum on the unpaid balance from March 11, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , DIANA NOVINGER individually , in the amount of $5330.77 with interest at the rate of 22.990% per annum from March 11, 2010 plus attorneys' fees of $125.00 , and costs. James C. WELTMAN 436 Sev Pittsb z (412) 3 FAX: 12 08251 26 This law firm is a debt collector att our client and any information obtain EINBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 7955 38-7130 C A Pit EMR to collect this debt for be used for that purpose. DISCOVER New Balance Minimum Payment Due $0.00 1$885.00 Paayymment Due Date February 28, 2010 31 SDSNW1 0005767 DIANA NOVINGER 218 S HIGH ST MECHANICSBURG PA 17055-6344 Address, e-mail or telephone changel Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Account Number ending in 9318 Enter Amount Enclosed Below -? Go pnpetle as=M lts your accotstt Information" mure wAi paasWord- ppro?tteded statements or *y you can acoess. Learn more at discovercankelo less. PO BOX 6103 11111111111 loll IIIAIIII loll CAROL STREAM IL 60197-6103 (Jlnllnuulllrlnlurlrlluurlllluurllrllnnrllnlull 000001986458980284810000000000000000088500 Discover More Card Account Summary Closing Date: January 31, 2010 Page 1 of 1 Account number ending in 9318 Previous Balance $5,330.77 Payment Due Date February 28, 2010 Payments And Credits 5,330.71 Minimum Payment Due $885.00 Purchases + 0.00 Credit Limit $10,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $5,000.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $0.00 Cashbadt Bonuse Opening Cashbook Bonus Balance $ 0.00 New Cashbook Bonus This Period + 0.00 Cashback Bonus Bdance $ 0.00 Cashbook Bonus® Anniversary Month: August How Can We Help You? 1. Visit Discover cam to pay year bill for no cost, view your latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-8004NSCOVER (347-2683) for fast, easy self-service options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Data Payments and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -5,330.77 EXHIBIT Finance Charge Summary M L F d verage D aiw WUA ANNUAL Periodic ee oi P dic PERCENTAGE PERCENTAGE FNANCE FlNAma BaVnc es Rates RATES RATES CHARM CHARGES current billing period: 26 days Purchases $0 0.06299% 22.99% F 22.99% $0 $0 'Cash Advances $0 0-06299% 22.99% F 22.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary M as noted above. 8251628 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is James Ball (Name) Team Lead of DFS Services LLC , plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. WWR# 8251628 Diana Novinger 1 9318 t ~ ~p i. .._ - r~,~~': ~' ~ f ~: o?°~° ,~u~~ to prn ~ ~ :s/ .,; ~: , , ; , t ~..! ~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10-3537 CIVIL TERM vs. DIANA NOVINGER PRAECIPE FOR DEFAULT JUDGMENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08251628 C A Pit SGM Judgment Amount $5747.25 -~I~.oo Pp STN ct ~~88~~8 I~o~ke~ ~.la,J~.r~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3537 CIVIL TERM DIANA NOVINGER PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant DIANA NOVINGER above named, in the default of an Answer, in the amount of $5747.25 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $5330.77 from March ll, 2010 to Q the interest rate of 22.990$ Attorney's fees TOTAL $5330.77 $150.00 1 balance of July 21, 2010 per annum $441.48 $125.00 $5747.25 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. W rodt, 08251628 ~ AI Pit SGM Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue,- Suite 1400 Pittsburgh, 15219 And that the last known address of the De ndant is DIANA NOVINGER 218 S HIGH ST MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DIANA NOVINGER Civil Action No. 10-3537 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the ~jollowing Order of Judgment was entered against you on ~~/olle (xx) Assumpsit Judgment in the amount of $5747.25 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 Prc By: DIANA NOVINGER 218 S HIGH ST MECHANICSBURG, PA 17055 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3537 CIVIL TERM NON-MILITARY AFFIDAVIT DIANA NOVINGER 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 DIANA NOVINGER 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. DIANA NOVINGER 218 S HIGH ST MECHANICSBURG, PA 17055 is not in the military service. Further Affiant sayeth naught. Request for Military Status Department of Defense Manpower Data Center ie y Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jul-26-2010 06:12:47 '~, Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency NOVINGER DIANA 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.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. httnc~//www dm~lc ~~~1 mil/anni/cnra/nnnrPnnrt rln 7/2Fi/2(11(1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DIANA NOVINGER Defendant Case No. 10-3537 CIVIL TERM IMPORTANT NOTICE TO: DIANA NOVINGER 218 S HIGH.ST MECHANICSBURG, PA 7055 Date of Notice: 1 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 70 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, TH{S 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, WEII BERG &REIS CO., L.P.A By: Ma hew 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 8251628 A PIT H4N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3537 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From DIANA NOVINGER - 218 S. High St., Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FCU - 1711 Spring Rd., Carlisle, PA 17013 M&T BANK - l West High St., 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 $5,597.25 Interest $496.00 Atty's Comm °% Atty Paid '$174.50 Plaintiff Paid Date: 2.11/12 (Seal) 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 L.L. $.50 Due Prothy $2.25 Other Costs vepury IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-3537 CIVIL TERM VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) DIANA NOVINGER Defendant(s) MEMBERS I ST FCU M&T BANK Garnishee(s) 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. 8251628 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3537 CIVIL TERM P11 X70-1 DIANA NOVINGER -,?/g Defendant(s) ,,??,,,// /J MEMBERS 1 ST FCU -17/l 5f/l ii9 Ay) L1,016 Ile, P'o 17013 M&T BANK - l IX/PS-f ffi?h Sal ea/L%S jQ, IAA /?O/3 Garnishee(s) rz?tp T PRAECIPE FOR WRIT OF EXECUTION =M rn TO THE PROTHONOTARY: - -' > T Kindly issue a Writ of Execution in the above matter..., N) I . directed to the Sheriff of CUMBERLAND County:; c.? i. 2. against DIANA NOVINGER , Defendant 3. against MEMBERS 1 ST FCU, M&T BANK, , Garnishee 4. Judgment Amount $ $5,747.25 Less Payments/credits received $ $150.00 Interest $ $496.00 Costs $ SUBTOTAL: $ $6,093.25 Costs (to be added by Prothonotary): f .2 9- 60 pC'/. 37. Oa Cl ii 00 l?( oa r? s?• ?'lJ /7 CIO . sa G L C,# /033 8032 ?# 2 70 s2 ° l y??4- of I?A /Ssu e d WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, EsgAr e PA I.D. #47437 U WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8251628 -,F- :? ??I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 01011*a of L uinbrr 444 OFFICE OF THE St"EFVFF FII, T},.0N 7T* FGB 10 PM 12: 26 c PENNSY?VAN A OUNTY Discover Bank I Case Number vs. 2010-3537 Diana Novinger SHERIFF'S RETURN OF SERVICE 02/08/2012 12:02 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 1202 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Diana Novinger, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Kristal Luckey, Member 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 9, 2012 to Diana Novinger at 218 S High Street, Mechanicsburg, PA 17055. 02/08/2012 11:31 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 1131 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Diana Novinger, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County Pennsylvania, 17013 by handing to Donna Egolf, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, February 09, 2012 RONK'Y R ANDERSON, SHERIFF S all, eputy ci CcunrySuite Sheriff, Te!e, se`t. Inc. 4 J ^y ?, MW -*n T-? XPI M cn? MC] . 3 r-.z a% cD , ?© o :7 _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DIANA NOVINGER Defendant(s) MEMBERS 1 ST FCU M&T BANK Garnishee(s) Civil Action No. 10-3537 CIVIL TERM '?'YISW?S INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8251628 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DIANA NOVINGER Defendant(s) MEMBERS 1 ST FCU M&T BANK Garnishee(s) Civil Action No. 10-3537 CIVIL TERM TO: MEMBERS I ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 M&T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 RE: DIANA NOVINGER, 218 S HIGH ST, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-0983 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. 8251628 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)? ; 7) 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 ow pd to im; 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'asr,` ke?stody or control of yourself and one or more other persons any prope ty of any nature ewned 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? /1 1 A 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? Ati4 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. J 1 yu ? WWR No. 8251628 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. .4 9 -% ----) ?" (./ ('?" / V 7 9. If the answer to Interrogatory I 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. Nk, 11. If the response to lnterrogatory 7 is in the affirmative, are other funds comingied 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? f ' -1 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: William T. Molczah, Esquit2olf PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8251628 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 LARRIE fie) MB&T SANK (0) 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. FEg 4 2012 (SIGNATURE) WWR No. 8251628 SHERIFF'S OFFICE OF CUMBERLAND COUNTY . Anderson FiLEC-GFFIO.- J THE P o`'''kr at :rbrrf0 0N0 S Smith of Deputy FEB 20?Z29 4M 9: ' 9 .ichard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Discover Bank Case Number vs. 2010-3537 Diana Novinger SHERIFF'S RETURN OF SERVICE 02/08/2012 12:02 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 1202 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Diana Rovinger, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Kristal Luckey, Member 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 9, 2012 to Diana Novinger at 218 S High Street, Mechanicsburg, PA 17055. 02/08/2012 11:31 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2012 at 1131 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Diana Novinger, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Donna Egolf, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 02/28/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $144.48 SO ANSWERS, February 28, 2012 RONITY R ANDERSON, SHERIFF WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8251628 DISCOVER BANK Attorney for Plaintiff(s) Cumberland County Court of Common Pleas VS. DIANA NOVINGER NO. 10-3537 CIVIL TERM and MEMBERS 1 ST FCU AND M&T BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION x rnco r I ;a © N ? try CD 4 ,7 r,. 4 N ..w' Cs3 TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1 ST FCU AND M&T BANK, only. WELTMAN, WEINBERG & REIS CO,., L.P.A. By James/0 Warmbrodt, Esquire Atto ev r Plaintiff I hereby certify that the foregoing is a true and correct statemen?Zth above ca se. This statement is made subject to the penalties of 18 Pa.ng to unsworn falsifications to authorities. -Jq.5o P0 ATTV C?' Ip3?'7'15'1 2# 0018901 10- 3 537 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA -.? - ca ? IN RE: .. CHAPTER 7 ?- DIANA LYNN STONE .: FKA DIANA LYNN NOVINGER CASE NO. 1:12-bk-01015 Debtor DIANA LYNN STONE tka Diana Lynn Novinger Movant V. DISCOVER BANK/ WELTMAN WEINBERG & REIS Respondent CERTIPI.ED FROM THE RECORD this day of ?N if , 201 Clerk, U.S. Bankrupts Cv?- Per 01 epu Clerk ORDER UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code, it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of Discover Bank in the approximate amount of $5,747.25 entered in Cumberland County at docket number # 10-3537 be and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of County and the Prothonotary is directed to terminate the judgment in the judgment indices. Dated: April 20, 2012 By the Court, u.r tip:t, I, B.inkniptcy Judge (JA T) ? q. 5D cc-& ? RF4-v?7?03A Case 1:12-bk-01015-RNO Doc 14 Filed 04/20/12 Entered 04/20/12 13:59:39 Desc Main Document Page 1 of 1