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HomeMy WebLinkAbout10-4622F_ Fri f=; ZOO ,t1L 1 3 F ?u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: I O - qtl Civi t Team VS. COMPLAINT IN CIVIL ACTION LORIE A FOOR 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 08383911 C A Pit EMR 0--- i4a.pA Arr! er 4oy?ogg ?,*aUSi?iy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No LORIE A FOOR 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: LORIE A FOOR 87 HUMMEL AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7790 . 4. Defendant made use of said credit card and has a current balance due of $5029.33 , as of May 04, 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 12.990% per annum on the unpaid balance from May 04, 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 , LORIE A FOOR individually , in the amount of $5029.33 with interest at the rate of 12.9900 per annum from May 04, 2010 plus attorneys' fees of $125.00 , and costs. James Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 1400 Pitt bur PA 15219 (41 ) 43 -7955 FAX. 41 -338-7130 08 839 C A Pit EMR This law firm is a debt collector att ng to collect this debt for our client and any information obtain will be used for that purpose. IUA?4r>,y'? CK $5,029.33..., 22 SDSN6A01 0001023 LORIE FOOR 87 HUMMEL AVE LEMOYNE PA 17043-1945 . "Y"'w"' V?+tl i mcrounr rvumoer enamg in iiy'V $5,029.33 Enter Amount Enclosed Below Payment Due Date $ May 17, 2010 Please make check payable to Discover Card. Minimum a ment due includes a past due amount of $825.00. Phone and internst payments must be made by 5:OOpm ET for same day postin . Go p8perlegs and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. Address, e-mail or telephone change? Go to www.Discover.com or print change in space above. e? 22, 2010 page 1 of 1 Payment Information New Balance $5,029.33 Minimum Payment Due* $5,029.33 Payment Due Date May 17, 2010 *Includes past due amount of $825.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 17.99% variable. 000001986458797509656050293300000000502933 Date: April 1, 2010 - Closinq Date: Discover More Card Account Summary Cardmember since Account number ending in 7790 Previous Balance $5,029.33 Payments And Credits 000 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees t + 000 New Balance 5,029.33 See Finance Charge Summary section Following transactions for detailed APR information Credit Line $4,100.00 Credit Line Available Cash Advance Credit Line $0.00 - Cash Advance Credit Line Available $0.00 $0.00 tSee transaction detail for a description of any fees charge Cashback Bonus® Anniversary Month October Opening Cashback Bonus Balance $ 000 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.com and select Rewards 3 Easy Ways to Contact Us 1. Access your account securely at www.Discovor.com 2. Call 1-800-DISCOVER (1.800-347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, - --Salt-Lake-City; UT 4W.130-._...__ _.--- For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347.7449. Transactions PO BOX 6103 Ill???ll???ul?lnlrl?llul CAROL STREAM IL 60197-6103 11111111111 111 111111111111 IIIIIIIIIIIIJIIIIIII III Minimum Payment Warning: IF you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Only the minimum 11 payment years $5,029 IF you would like information about credit counseling services, call 1-800-3,47-112 1. EXHIBIT Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions -Make Make your money worth moresm-find easy ways to earn rewards- - - - - --- - - - - _- - -- - -_- _ _..... • NEWT Access your account securely through your mobile nhnna Trans. Post Date Date Finance Charge Summary Averse Dail g Y current billing period: 22 da s B l Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Other Fee y a ances Purchases $0 Rates RATES RATES FINANCE CHARGES FINANCE CHARGES Cash Advances $0 0.03559% 12.99% V 12.99% $0 $0 V . Variable Rate 0.05751% 20.99% 20.99% $0 $0 on informal on. C3 Important Information. If there is more than one page to his billing statement, see the back of each page for additional important ce z See your Cardmember Agreement. Your Cardmembar Agreement cocain all the terns of your Account. D 0 Lost or stolen cards. Report immediately! Call 1.800.347.2683. transaction on your Nil, write to us co a o Billing Rights Summary. In Case of Errors or Questions About Your B81: If you think your bill is wrong, or if you need more information later about than 60 days after separate sheet of paper at Discover, PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. We must hear us me fo8avinnefrmation we sent you he first bill on N which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give following Your name and Account number. N The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error, it you need more information, describe the item you are unsure about. X You do not have to pay any amount in quesbon while YR. are investigating, but you are still obligated to pay the parts of your hilt that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question, , and you Special Rule for Credit Card Purchases: If you have a problem with he quality of goods or serves that Yourchas this with a coo it car when the have tried in good fell to con ecct have protectn oy purchase price was more the problem with he merchant you may not have to pay the remaining amount due on he good and he purchase was made in your hone stale or within 100 miles of your mailing address. (if we own or operate the merchant, or 9 we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to titution check make nelectronic fund loaner, use information on your check to make ransfer indica If payment is processed as an electronic once transfer rtheltrans erfwill beef or the amount f Untie check.sWhen we usentrmon your at on from your a proces heck tos nthe pay funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send Ole payment to any other address or if you use an her than ty by B x0 m at our pr for proper rece you haveomisplyaced your envelope, se ndyok'?nent to Disiscover. PC e ments one day will reeve voed tour processing facility after 5Ptv1 local timekw?ll be credited to yourAccou?nt asroff heknext day. 5PM 11local 6103, Carol Stream. IL 60197.6103. Please allow 7-10 days for delivery. If your payments returned unpaid, vie reserve he right to resubnnit it as an electronic debit. stat this need will You rstr can You can ment and bank ac ount iour nfo m'ation. Youymu t ensurer hat surrhcciient duds are aw?ail ble nnyour bank account ad all ha Cmustall h US. law. You will be asked to pre de the you 5 digits of your account statement ZIP code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each ment an error correct as a bank and account, from your b ocessi tell k IS he amour orf each paymentaor you call select an mount such as the M niim m yourayment Due or he New Balance on each statement. theou can cancel a payment however weust of such ment. You must receive notice at least three business days in advance of the scheduled payment, You may notify us by w phone mat 1 ade mind 7-26m8u3chrlby halal t thea ddresti payment in the previous paragraph. If your payments vary in amount, we will tell you on each monthly statement when Udbph yme de. be less than indicated on the monthly statement based on credits or pay applied during 9 Gooch Reporting. We may report information ame. about oAccount urto Acount to credit reporting agencies each month ,me you Wove that lour report !s?inaccurate or inccompletel,nplear o write report. We normally report the io status and and pay name, address. home telephone morn ber and Account number. us at the following addoes dress: DisSpF PO ox?1?5}316, Wilmington, DE 19850.5316• Please include your Grace Period on Purchases (ant 1 MI We begin to impose Periodic Finance Charges an all transactions (torn die Transaction Date for the transaction shown on your billing statement, unless a transaction is posted kf y Account aftr the close of the billing period in which it occurs, in which case we begin to impose Periodic Finance Charges on that entire transaction from he first day of the billing period in which it is posted to your Account. We continue to impose Periodic Finance CCh rgte malt the ed to youhe Payment Due DaNew te Balance bil nt by shown on yalt[AlOW statement by making payments or receiving credits. However, if you paid the New alancet on ydr pr vi the current billing statement or any potion of a now on that silting benP ymentMelirr ate o your c ,Finanll Charges new purchases, that is, purchases 'Ho ant We call this the `grace period' Therei s gtwo Ynd your balance ?ed fn the Annual Percentage Rate purchase, paid d by y the Payment Due Date e. yomber ur e"eT128?e a fully described the section of your Agreement titledd that We Apply Payments," we o Y payments Balance ai the current abinio ng statement b?f? oenew pt Due urchDasesshown on that billing applicable to the balance nce of f each transaction category. This means that it you donut pay he New Balance generally statement, then, depending on the amount of your payment and the Annual Percentage Rates on other balances, you may 9nt grace Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of 350 for any billing period in which Periodic Finance Charges of less than $50 would otherwise be stat fee of the amount imposed. the anniversa ementnon wherkche he is the t lee each when Annual all Fee J. e T` Your A ritmccoee untshasnot ef; ndableeuness!lyo notify us hat yo you v sh to c e you Account w itBu30 rrl ys of them ailing or delivery date of the pears billed You will receive this refund even if you use your Card during that period. Periodic Finance Charges. We sort your transactions into groups of purchases, cash advances, and balance transfers and hen further sort he transactions within each group by their Annual Percentage Rate. For example purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as b ansaction categories. At the end of each billing pond, we compute balances and Periodic Finance Charges for each day of he billing period for each transaction category. We use the following equation to compute Periodic Finance Charges for each transaction category: (Average Daily Balance) times (days in billing period) times (Daily Periodic Rale). to et the You may refer to the Finance Charge Summary on your billing statement for these amounts. Then we add up the Periodic Finance Charges or each transaction category g total Periodic Finance Charges for your Account. The Average Daily Balance is shown as zero it because of the grace period, no Periodic Finance Charges apply to he balance in a transaction category. The Daily Periodic Rate is 11365th of the corresponding Annual Percentage Rate. We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute the Average Dally a previous day's daily s anetotal b the number of : transactions with a Transaction Balance for he daily balance forg each transaction category daily each day bin a y firbilling t ading Ole f following transaction category and dividing We Comp Date of that sact case which it od in the the Accou is posted to your Account feesschagd hat d amend Periodic Finance Charges accrued on he previou day s added lating the tay as shown the the daily balancyou s oflidie first day of the, biding p nnod nrwhich it is postedour he last day of your pre o us billing a?lance ? for the first day of dail balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In Transaction Advance Cash with the Charges the. biding penal we consider the "previous day's daily balance' to have been your balance for each transaction category applicable cash a vane transaction category and Baalan a T ras erTransaactio n FeeF nance Cha ges wh ch are added to he applicable balance tra nsfer trannsacton?categry d to he dard the ed to n ca All fees - -__ - , ...._....._:__.:___ --- -.k. nmrk meie+aorn nloaee call 1.880.347.7449. 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 Team Leader of DFS Services LLC (Name) (Title) plaintiff herein, that (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# 8383911 Lorie A. Foor 790 SHERIFFrS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~o,~~~tr 4t ~ucinbPrl,~~~ ~- '' ~.~ ~.~v QFfiI~E C~ T~*E £~@RIfiF ~- . F1~~1 ~ ~;,,~v T~-:P CUS ~,~ ~ _, i~u~'w~ r- ~ ~ ". ~~t ~ 1 u. ~_t ,I ~ i. Discover Bank vs. Case Number Lorie A. Foor 2010-4622 HERIFF'S RETURN OF SERVICE 07/14/2010 08:38 PM -Shawn Hari 2010 at 2030 hours, he defendant, to wit: Lorie Lemoyne, Cumberland personally the said true SHERIFF COST: $42.40 July 15, 2010 ~n, Deputy Sheriff, who being duly sworn according to law, states that on July 14 rued a true copy of the within Complaint and Notice, up the within named Foor, by making known unto herself personally, at 87 u el Avenue, unty, Pennsylvania 17043 its contents and at ~e Sa ti handing to her d correct copy of the same. ~/JIn/ WN HARRTS6f~DEPUTY SO ANSWERS, ' ~~ RON R ANDERSON, SHERIFF (c} CountySuite Sheriff, Teleosoff. Inc. i~LEu~-~~~, it, _~~~Y l~" ~~~ Z~~d,i~~ ~® ~~~ (~~ 5~ Lorie A. Foor 87 Hummel Ave Lemoyne, Pa. 17043 Defendant in Pro Per Court of Common Pleas Cumberland County, Pennsylvania Civil Action-Law Discover Bank Plaintiff vs. Lorie A. Foor Defendant ~,~Sw~< Lorie A. Foor ("Defendant'), hereby answers the complaint of Discover Bank, ("Plaintiff') for it's self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of disputed debt, if any. I cannot pay this amount because of a serious. financial issue. I am making an effort to get some mony and will let you know when I can pay. I am confident this matter will get resolved. Wherefore, Defendant requests that: 1. Defendant takes nothing by way of his complaint; and 2. For Defendant's cost of suit July 13, 2010 No. 10-4622 Civil Term 1~. otin. l.or -~ A • ~ D,r Defenadant in Pro Per r f 08-3k 3q ( r Ji S Lover 136- LO r, e_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V1) r o o it NO. 16 2 2 . L','v, _V"_' RULE 1312-1 r-n :I- O = t: • C --i The Petitifor Appointment of Arbitrators shall be substantially in the O Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THAAAetv EHONORABLE, THE JUDGES OF SAID COURT: A (J r4C,n counsel for the pl?ti??in the above action f alas), respectfully represents that 1. The above-captioned a 'on (ems) is (Wv?at issue. 2. The claim of plaintiff the action is $ S O Zq , The counterclaim of th? defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ,6'O" . of'o . 14", Y/:. - -- 0" -se_ . - CD t`h r_ -1 ri'a O OM __4 WHEREFORE, your petitionerys your Honorable Court to appoint three (3) arbitrators to whom the case shall be submi d. Respectfully submitted, Loo A7?erne? _ L ORDER OF COURT oa samb Qa a6y cC*aSb 398 AND NOW, , 200_____, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as rayed for. By the Court, EDGAR B. BAYL.EY CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators, for an Arbitration Hearing, has ben served by U.S. Mail, Postage Pre-Paid, on 7 of !' l If c , 201 upon the following: LORIE A FOOR 87 HUMMEL AVE LIMOYNE,PA 17043 By: D8,3k34 I I Di 'j ca v e r 0t, IN THE COURT OF COMMON PLEAS OF - - CUMBERLAND COUNTY, PENNSYLVANIA (v1) c 2- 2- NO Lor e A . t?1-- ?rn 'oM 'Z .?C ? ? ?•4 CJ 5;c= RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THEHONORABLE, THE JUDGES OF SAID COURT: A&Ae.) D- (J -4c,, counsel for the plainti in the above action mss), respectfully represents that: 1. The above-captioned action () is (Wv?at issue. 2. The claim of plaintiff in the action is $ S O 2q The counterclaim of the defendant in the action is The following attomeys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, A??ern G? ?'^' (({rte ?i .. ORDER OF COURT oa saLL00 ?A 44Y n.398 ANP NOW, I r I a /LA)J /00 , 200 , in consideration of the foregoing petition, Esq., and A-A Esq., and •_ _ Esq., are appointed arbitrators in the a ove captioned action (or actions) as prayed for. ? L rte `r i i i .:h Ma44r ,3 Urban Lor; 6 A . raer By the Court, Y CoPles ma.le-d 31QillI r ? + t s CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators, for an Arbitration Hearing, has been served by U.S. Mail, Postage Pre-Paid, on 7 of M k( 1 , 20 11 upon the following: LORIE A FOOR 87 HUMMEL AVE LEMOYNE,PA 17043 By: Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. ?a - q&-2-2_ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. XZSig ture 4-5fP ry o Narfie e- ojyYak- LawlFirm Address GA,%'L PA r7to City, Zip Signature 1jri e . la lay a nnII NvS 11k V<UW1Q P.C. Address 04WjN"(,rA City, ip Signature Mkr--t<A Name Law Firm Address / r r City, Zip j J . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 7/4,111 Date of Award: '7?Co?1 Notice of Entry of Award Now, the day of , 20 ) / , at I/.'.) V , A .M., the above award was entered upon the docket and notice t4feredf given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ J3 'o . 6 U Prothonotary Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ILEU- OF tit) EoENNS-yjjNIW PROTHONOTAR,I 2;,11?0?? 19 A 10= 0 1p13ERLAND COUNTY ?rNNS`f ?VANI Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORIE A FOOR Defendant No. 10-4622 CIVIL TERM PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#08383911 Qft.a1goaPdCLI? d k Ito (411 a-) i V PF V?(o3L123 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORIE A FOOR Defendant Civil Action No. 10-4622 CIVIL TERM PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY: Enter Judgmo-mt against Defendant, LORIE A FOOR, on the Award of Arbitrators in the amount of $5029.33. 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: Wk?? -r William T Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#08383911 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'r' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendantl is: 87 HUMMEL AVENUE, LEMOYNE, PA 17043 Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. /0 - q&2-2- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Sig ture Signature Signature Narfie (Chairman) LaIFirm -9- Address Gzdm-le. PA 1-7 613 City, Zip Sri e ?-. la la>, ???CUI??Q rat NO Address O?C,??rd IUD City, ip Akn?--A . 14o-T-m Name Law Firm Clall-lis1e Pa Address( City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 7 4 l Date of Award: **71 toll I (Chairman) n ' ti?YROM RECORD In estimony whereof, I here unto set my hand - and the seal of said Cou at arlisle, Pa. day of-, 20/1 11 ' Prothonotary Notice of Entry of Award lle Now, the day of , 20 ) / , at A .M., the above award was entered upon the docket and notice t4feredf given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ,3-,?'&O . lU Prothonotary Z!, e uty ?1??r c)W3g11 . ?uvi?iawi, u1JJG11LJ, 11115G1L 11MIX 11 appiwaote.) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff LORIE A FOOR vs. Civil Action No. 10-4622 CIVIL TERM Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was. entered against you on (xx) Assumpsit Judgment in the amount of $5029.33 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict (xx) Arbitration Award Prothonotary LORIE A FOOR 87 HUMMEL AVENUE By: LEMOYNE, PA 17043 PROT RY ( DE TY) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4622 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From LORIE A. FOOR, 87 HUMMEL AVENUE, LEMOYNE, PA 17043 (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 $5,029.33 Interest 171.13 Atty's Comm % Atty Paid $203.90 Plaintiff Paid Date: March 27, 2012 (Seal) L.L.$.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary B: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORIE A FOOR '%I "M6 04C-11 Defendant(s) M & T BANK,, Lies+ ?? g h Garnishee(s) TO THE PROTHONOTARY: Civil Action No. 10-4622 CIVIL TERM Lemo-1 e , [>iq n,, w? 3 {- &V. J S jt j 714 1--76i_3 PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against LORIE A FOOR , Defendant 3. against M & T BANK... Garnishee 4. Judgment Amount $ Less Payments/credits received $ Interest $ Costs $ SUBTOTAL: $ Costs (to be added by Prothonotary): $ z: p-Im v (Z) -Yj , v ` ate $5,029.33 $0.00 $171.13 $5,200.46 WELTMAN, WEINBERG & REIS CO., L.P.A. By: W A a 4R , dD -?o a " a q,?. yo CIF 9a, aD 11 it a.sb L4 Al qoPd a 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 jz44 a-3djy WWR No. 8383911 [ N f, ? 4 & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. LORIE A FOOR Defendant(s) M&TBANK Garnishee(s) No. 10-4622 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8383911 SHERIFF'S OFFICE OF CUMBERLAND COUNTY µy Ronny R Anderson ! ?,? T a Sheriff Jody S Smith 'r N3 Chief Deputy -- s,, Richard W Stewart Solicitor _. c {... R r<, Discover Bank Case Number vs. Lorie A. Foor 2010-4622 SHERIFF'S RETURN OF SERVICE 03/29/2012 09:49 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2012 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lorie A. Foor, 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 Joan Crowl, 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 March 30, 2012 to Lorie A. Foor at 87 Hummel Avenue, Lemoyne, PA 17043. SO ANSWERS, March 30, 2012 RON W R ANDERSON, SHERIFF A6?-? Z-"Z Stepp n Bender, Deputy T' u i 'C? t1?R?? Rp TA 1 i `e„rye} y CO IN THE COURT OF COMMON PLEAS R C?? TAKI) COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORIE A FOOR Defendant(s) M & T BANK Garnishee(s) Civil Action No. 10-4622 CIVIL TERM S(Akf S + INTE OGATORIES 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 W" No. 8383911 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORIE A FOOR Defendant(s) M & T BANK Garnishee(s) Civil Action No. 10-4622 CIVIL TERM TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 RE: LORIE A FOOR, 87 HUMMEL AVE, LEMOYNE, PA 17043 Suggested Reference No.: XXX-XX-5175 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. 8383911 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. s Providea h4lay not RefIec'.t Unpo:sted 1 r.. nsaci.ions or 1_ega1 2. At the time you were served or at any subse 4tJt3 W 1;(A&tS 01g ssession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. f) 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? N A 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 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? f?? A 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? r\? 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. n b WWR No. 8383911 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. f? 0 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. f T) "N 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? O `\? 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. 1? j 9 1 1??) WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczah, 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. 838391 1 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 LORR1E mASKA Wt ame) > 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. APR 1 1 2012 (SIGNATURE) WWR No. 838391 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,jnny R Anderson Sheriff ?,,, is t3uf,r( Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank I Case Number vs. 2010-4622 Lorie A. Foor SHERIFF'S RETURN OF SERVICE 03/29/2012 09:49 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2012 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lorie A° Foor, 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 Joan Crowl, 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 March 30, 2012 to Lorie A. Foor at 87 Hummel Avenue, Lemoyne, PA 17043. 04/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $187.24 SO ANSWERS, April 18, 2012 RON R ANDERSON, SHERIFF _ C- cnr Q -0 8)41 -? CD SKIFF Fj* $J-75 e* 8V yo'] 0.1 woa(o DISTRIBUTION PLAINTIFF Discover Bank WRIT NO. 2010-4622 Discover Bank -vs- Lorie A. Foor Real Debt $ 5,029.33 Interest 171.13 Attorney's Comm. Writ Costs, Atty 203.90 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 5,404.36 Sheriff's Costs: Docketing $ 18.00 Poundage 100.59 Law Library .50 Prothonotary 2.25 Service Mileage 6.00 Postage .90 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee 9.00 Levy 20.00 TOTAL $ 187.24 Defendant Paid to Sheriff $ 5,591.60 Advance Costs 150.00 Total Collected $ 5,741.60 DISTRIBUTION Pd. To Pltff. $ 5,554.36 Refund of Adv. Costs 150.00 Sheriff's Costs 187.24 ers: j g y R. Anderson o WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8383911 Attorney for Plaintiff{j 33 P"" 3: U" A _>t ND COUt T1 d,1SY DISCOVER BANK VS. LORIE A FOOR, and M&T BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 10-4622 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE. PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), M&T BANK,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molcza, squire Attorney for Plainfiff a?? 9 q.Sapd Qt? ?4,c?7yY N 7 C =M WELTMAN, WEINBERG & REIS CO., L.P.A. -c M__ BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) G , I.D. No.86469 r-- < CD - - 4 - 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 :XCI ?' N c Phone: 412.434.7955 rv Fax: 412.434.7959 - - File # 8383911 DISCOVER BANK Plaintiff CUMBERLAND County Court of Common Pleas vs. LORIE A FOOR Defendant(s) NO. 10-4622 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBER By i Sarah E. Ehasz, Esqu Attorney for Plaintiff REIS CO., C.P.A. 4q. Go Po Am/ ev IOS0601 q p- # a?sio y