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HomeMy WebLinkAbout10-5334OurTile No.: 276237 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, VS. CHARLES P SABULSKI 5 HEMLOCK DR MECHANICSBURG, PA 17055-4712 Defendant. fi r_. .20 c v AUG ?t3 ?M `?? ??q COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. q Ct'. V, NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 -P 9a.00 W 111? V* 1a 39 411 go- '02 9 to -7119 Our-File No.: 276237 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, VS. CHARLES P SABULSKI 5 HEMLOCK DR MECHANICSBURG, PA 17055-4712 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are CHARLES P SABULSKI, an adult individual residing at 5 HEMLOCK DR MECHANICSBURG, PA 17055-4712. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, issued to Defendant(s), Account # ending in 3953. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $5,866.90. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,866.90 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & SO IATES, P.C. Attorne:fd Pl tiff A Law Firm Enj in ebt Cal&tiol BY: Dated: 8/5/2010 David J. ApothAff, Esquire Our File No.: 276237 VERIFICATION David J. Apothaker, Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A,/490A relating to unworn falsification to authorities. David J. Ap cer, Esquire Attorney for Plaintiff DATE: 8/5/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC CHARLES P SABULSKI 5 HEMLOCK DR MECHANICSBURG, PA 17055-4712 STATEMENT OF ACCOUNT Debtor's Name: CHARLES P SABULSKI Account Number: ending in 3953 Balance Due: $5,866.90 Our File No.: 276237 EXHIBIT "A" 276237 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: DISCOVER BANK BY ITS Expiration Date: SERVICING AGENT DFS SERVICES, LLC Type of Action: Civil Action Defendants: CHARLES P SABULSKI Serve Upon: CHARLES P SABULSKI Address for Service: 5 HEMLOCK DR MECHANICSBURG, PA 17055-4712 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 ii -a Lu '?'' , ?n IN THE COURT OF COMMON PLEAS OF T CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Civil Division tv w Plaintiff, No. 10-5334 vs. CHARLES P. SABULSKI, Defendant. Code No. PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant: Charles P. Sabulski Counsel of Record for this Party: Macey, Aleman, Hyslip & Seams Alla Gulchina, Esq. Pa I.D. # 307014 Macey, Aleman, Hyslip & Seams 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 877-553-3328 Fax No.: 866-757-7826 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Civil Division Plaintiff, No. 10-5334 vs. Code No. CHARLES P. SABULSKI, PRAECIPE FOR APPEARANCE Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Macey, Aleman, Hyslip & Seams, specifically Alla Gulchina, Esq., as counsel for Defendant, Charles P. Sabulski, in the above captioned case. Respectfully Submitted, Macey, Aleman, Hyslip & Searns Alla Gulchina, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 877-553-3328 Date: September , 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Civil Division Plaintiff, No. 10-5334 vs. Code No. CHARLES P. SABULSKI, PRAECIPE FOR APPEARANCE Defendant. CERTIFICATE OF SERVICE I, A] ]a Gulchina, Esquire, hereby certifyyttjhat I served a true and correct copy of the Praecipe for day of 1/1- 2010, via United States First Class Mail, upon Appearance, on this C sl k-m Plaintiff's counsel: Apothaker & Associates, P.C. David J. Apothaker, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Alla Gulchina, Esq. I E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Plaintiff, vs. CHARLES P. SABULSKI, Defendant. M T- Civil Division : k = -0 m No. 10-5334 Code No. 77 rj w ANSWER AND NEW MATTER Filed on Behalf of Defendant: Charles P. Sabulski Counsel of Record for this Party: Macey, Aleman, Nyslip & Seams Alla Gulchina, Esq. Pa I.D. # 307014 Macey, Aleman, Hyslip & Seams 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 877-553-3328 Fax No.: 866-757-7826 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Civil Division Plaintiff, No. 10-5334 vs. Code No. CHARLES P. SABULSKI, ANSWER AND NEW MATTER Defendant. AND NOW comes Defendant, Charles P. Sabulski, by and through his undersigned counsel, Macey, Aleman, Hyslip & Seams and Alla Gulchina, Esq. specifically, and files the following Answer and New Matter, in support whereof, Defendant avers as follows: ANSWER TO COUNT I 1. As Defendant is without knowledge as to these averments, Paragraph I is denied. 2. Admitted. 3. The averments of Paragraph 3 are denied in their entirety. Any insinuation that the Defendant made a special instance and request to Plaintiff to be issued an account is denied. Strict proof to the contrary is demanded at time of trial. 4. The averments of Paragraph 4 are denied in their entirety. It is specifically denied that the Defendant received, accepted and used the account to his benefit. Strict proof to the contrary is demanded at time of trial. 5. The averments of Paragraph 5 are denied in their entirety. It is specifically denied that there is any default of the terms. Strict proof to the contrary is demanded at time of trial. 6. The averments of Paragraph 6 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 7. The averments of Paragraph 7 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. WHEREFORE, Defendant, Charles P. Sabulski, requests this Honorable Court to enter judgment in his favor and against Plaintiff, Discover Bank by its Servicing Agent DFS Services, LLC, together with costs of defense. NEW MATTER 8. Defendant hereby incorporates all preceding paragraphs as referenced. 9. Relief is barred in whole or in part by the statute of limitations. 10. Relief is barred in whole or in part by accord and satisfaction. IL . Relief is barred in whole or in part by consent. 12. Relief is barred in whole or in part by discharge in bankruptcy. 13. Relief is barred in whole or in part by estoppels. 14. Relief is barred in whole or in part by failure of consideration. 15. Relief is barred in whole or in part by fraud. 16. Relief is barred in whole or in part by impossibility of performance. 17. Relief is barred in whole or in part by justification. 18. Relief is barred in whole or in part by illegality. 19. Relief is barred in whole or in part by laches. 20. Relief is barred in whole or in part by license. 21. Relief is barred in whole or in part by payment. 22. Relief is barred in whole or in part by release. :- v-- - -,A :., -1-1- - .,, p -t by statute of frauds. 24. Relief is barred in whole or in part by failure to mitigate damages. 25. Relief is barred in whole or in part by unclean hands. 26. Relief is barred in whole or in part by waiver. 27. Plaintiff has failed to state a claim upon which relief maybe granted. 28. Relief is barred because the terms of the putative contract are unconscionable or otherwise unenforceable. 29. Relief is barred because Plaintiff's Complaint is preempted by compulsory arbitration and Answering Defendant demands compliance with same. WHEREFORE, Defendant, Charles P. Sabulski, requests this Honorable Court to enter judgment in his favor and against Plaintiff, Discover Bank by its Servicing Agent DFS Services, LLC, together with costs of defense. Date: Se tember 2010 Respectfully Submitted, Macey, Aleman, Hyslip & Searns ?) Tn? - -, Alla Gulchina, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 877-553-3328 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Plaintiff, vs. CHARLES P. SABULSKI, Defendant. VERIFICATION Civil Division No. 10-5334 Code No. ANSWER AND NEW MATTER I, Alla Gulchina, Esq. as counsel for Defendant, Charles P. Sabulski, verify that the facts set forth in this Defendant's Answer and New Matter are true and correct to the best of my knowledge, information, and belief. Due to time constraints, the verification signed by the Defendant will follow. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA C.S.A. § 4904) related to unsworn falsification to authorities. r. BY: C LIC F f`, Alla Gulchina, Esq. Attorney for Defendant DATE: I r C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, Civil Division Plaintiff, vs. CHARLES P. SABULSKI, No. 10-5334 Code No. ANSWER AND NEW MATTER Defendant. CERTIFICATE OF SERVICE I, Alla Gulchina, Esquire, hereby certify that I served a true ?and correct copy of the foregoing Answer and New Matter on this ? day of (? l/v 2010 via United States First Class Mail, postage prepaid, upon the following counsel of record: David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 BY:- mss`/ Alia Gulchina, Esq. Attorney for Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson `FILED-tai-r ' Sheriff ~~ ~~ ~ `-`~t~}Ti4FtY ~$~~,tr ci ~ua~brrl~~~ Jody S Smith ;, ;~ ~~~~ ~ ~ PM I Chief Deputy ~ --='- °~ ~ ~,;~ , r ;•~ ~, r ~~~;, ~ Richard W Stewart `- `~ Solicitor QFf~~E, ~ -rE s~a~~F ~ ~BEfi~' .~'J~ (FUMY nva~,a Discover Bank Case Number vs. Charles P. Sabulski 2010-5334 SHERIFF'S RETURN OF SERVICE 08/20/2010 04:26 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 20, 2010 at 1626 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles P. Sabulski, by making known unto himself personally, at 5 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. G d NOAH CLINE, DEPUTY SHERIFF COST: $37.00 August 26, 2010 SO ANSWER""S~, RON R ANDERSON, SHERIFF (ci CountySuite 5henft. Teleosoft. Inr,. 4 Py nc Our file No.: 276237 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff, vs. CHARLES P SABULSKI Defendant. Civil Action ANSWER TO NEW MATTER Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, by and through their attorney, answers the following New Matter: 8. No responsive pleading is required. 9. Denied. Plaintiffs claim is not barred by the applicable Statute of Limitations. 10. Denied. Plaintiffs claim is not barred by the Doctrine of Accord and Satisfaction. 11. Denied. Plaintiffs complaint is not barred by the Doctrine of Consent. 12. Denied. This matter is not subject to any bankruptcy filing. 13. Denied. Plaintiffs claim is not barred by the Doctrine of Estoppel. 14. Denied. Plaintiffs claim is not barred by Failure of Consideration. C 11 i;?? 10SE'16 ? FEN,vSYC\MlA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-5334-CIVIL 15. Denied. Plaintiff's claim is not barred by fraud. 40 M ? 16. Denied. Plaintiffs claim is not barred by the Doctrine; of Impossibility of Performance. 17. Denied. Plaintiffs complaint is not barred by the Doctrine of Justification. 18. Denied. Plaintiffs claim is not barred by Illegality. 19. Denied. Plaintiffs claim is not barred by the Doctrine of Laches. 20. Denied. Plaintiffs claims are not barred by the Doctrine of License. 21. Denied. Plaintiffs claim is not barred by the Doctrine of Payment. 22. Denied. Plaintiffs claim is not barred by the Doctrine of Release. 23. Denied. Plaintiffs claim is not barred by the Statute of Frauds. 24. Denied. Plaintiff has not breached its duty to mitigate. 25. Denied. Plaintiffs claim is not barred by the Doctrine of Unclean Hands. 26. Denied. The Plaintiffs claim is not barred by the Doctrine of Waiver. 27. Denied. Plaintiffs Complaint brings a valid Cause of Action against Defendant. 28. Denied. Plaintiff's claims are not barred by the Terms of the Contract. 29. Defendant's motion is a proper request to have the matter heard by an arbitration panel. Defendant is therefore electing for binding arbitration. Plaintiff does not oppose this election. However, at this time it is not possible for this matter to be decided by binding arbitration by the American Arbitration Association (AAA) or the National Arbitration Forum (NAF) as provided in the agreement. Both of these organizations are no longer accepting consumer debt collection cases such as the instant matter. The National Arbitration Forum was forced to do so after the Attorney General of Minnesota filed a Complaint against it. The American Arbitration Association followed soon thereafter. As of July 2009, neither of these organizations accepts consumer credit collection cases. r WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection BY: DATED: September 14, 2010 VERIFICATION Jordan W. Felzer, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. J W. Felzer, Esquire Ahbmev for Plaintiff DATE: 9/14/10 Our file No.: 276237 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Feller, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff, vs. CHARLES P SABULSKI Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 9/14/10, I mailed a copy of the Answer to New Matter by Regular mail to ALLA GULCHINA, ESQUIRE 30 PARK ROAD TINTON FALLS, NJ 07724 Date: 9/13/2010 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-5334-CIVIL 0rdAn W. Felzer, Esquire Att mey for Plaintiff 1 Our File No: 276237 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff VS. CHARLES P SABULSKI Defendant Respectfull mitted, C ?Kimerly F. Scian, Esquire PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $5866.90. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff LEGAL HELPERS DEBT RESOLUTION Kimberly F. Scian, Esquire ATTN: ALLA GULCHINA ESQ 520 Fellowship Road C306 30 PARK ROAD Mount Laurel, NJ 08054 TINTON FALLS, NJ 07724 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. June 22, 2011 AND NOW, and as prayed for. ORDER OF COURT a 0-11 3D 20, in consideration of the foregoing petition, IN THE COURT OF COMMOWL]LitkS CUMBERLAND COUNTY, PF SYZV IA iM rnr- NO.: 10-5334-CIVIL w ?Q ca _<v ?-- -9 Civil Action y<. c3 -o C" n ao r °M A a y. Esq., Esq., and Esq., are appointed arbitrators in the above captioned action By the Court, Our File No.: 276237 DISCOVER BANK BY ITS SERVICING ) AGENT DFS SERVICES, LLC ) Plaintiff ) vs. ) CHARLES P SABULSKI ) Defendant ) IN THE COURT OF COMMOWLI?6kS 9' _ 9SY-EV?IIA CUMBERLAND COUNTY, PEg mca c MF NO.: 10-5334-CIVIL D w d° ? o Civil Action -- ao z o tkk Z -C D PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $5866.90. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff LEGAL HELPERS DEBT RESOLUTION Kimberly F. Scian, Esquire ATTN: ALLA GULCHINA ESQ 520 Fellowship Road C306 30 PARK ROAD Mount Laurel, NJ 08054 TINTON FALLS, NJ 07724 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull miffed, Q?? g?4 oC a car 30? as June 22, 2011 Kim erly F. Scian, Esquire k4?11 l a 3? ORDER OF COURT AND NOW, l , 20// , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed f VINVA1JlShN l ?100 00163F,wn; r :;? Z ???? (?V By the Court, 3NI JO i. -T-C3.11A ?` A i I a G o f e i, , k-. ,e,?-C Discover Bank/DFS Services, LLC In the Court of Common Pleas of Cumberland Charles Sabulski Plaintiff Defendant County, Pennsylvania No. 10 -5334 Civil Civil Action - Law. Oath We dos mnly swe (or affirm) that we will support, obey and defend the Constitution of the United States and the stit ion this Commonwealth and tha will discharge the duties of our office with fi ty. f gnat gi ture Co s{ u P O 4A10 s i ature James J. Comitale Jeanne Jaime High Name (Chairman) Rite Aid Corp. Law Firm 30 Hunter Lane Address Camp Hill, PA 17011 City, Zip Name 6dtd'o 1u (4 5 Law offices of Jeanne Cost?paulaus Law Firm 130 Gettysburg Pike, Suite C Address Mechanicsburg, PA 17055 City, Zip Name Coyne & Coyne, P.C. Law Firm 3901 Market St. Address Camp Hill, PA 17011-4227 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..) , +n 4YOq? 1A 16 5 tn-'?1 A M oL n Oj 8 5qgb X10 PI c.J Cc75?fS ? V") -f4'q? ALAA Ka 15 -4 595 Date of Hearing: ZO 1 Date of Award: 2' (?j Za dissents. (Insert name if applicable.) rl? Notice of Entry of Award Now, the 164N day of LW" , 20/, at /D *0 , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Ar ' rs' ( pensation to be paid upon appeal: $ Prothonotary ,350. COD By: Deputy F:I I DEC, 1 6 AM IPA: 4 0 PENNSYLVANIA wlf btu; a cgip;e"5 rna.TrW la1l4/// 1-1' DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, Plaintiff V. CHARLES P. SABULSKI, Defendant woow'401*? of 4& IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2010-5334 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this 19"' day of April, 2012, upon consideration of Plaintiff's Motion to Amend Caption, a Rule is issued upon Defendant to show cause why Plaintiff should not be afforded leave of court to amend the caption to reflect the proper name of the Plaintiff as Discover Bank. RULE RETURNABLE within 20 days from the date of service of this Rule. By the Court, Thomas A. PI cey C.P.J. Distribution List: ? Kimberly F. Scian, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 For Plaintiff ?Alla Gulchina, Esq. Macey Aleman Hyslip & Searns 30 Park Road Tinton Falls, NJ 07724 For Defendant tFs ?na??? 0 5 70 b D;z n 3 c? o-r s'> : w car ?N, Our File No.: 276237 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. CHARLES P SABULSKI Civil Action Defendant MOTION TO MAKE RULE ABSOLUTE 1. Plaintiff filed a Motion to Amend Caption on or about April 16, 2012. 2. The rule returnable date for said petition was 20 days from the date of service of the Rule. 3. The Court served the petition and corresponding rule to show cause on defense counsel on or about April 19, 2012 by mail. 4. To date, no response has been filed by defendant. 7 P11 I='? ?mSYI-V.r? . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5334-CIVIL 5. Plaintiff requests that this Court enter an Order making the Rule Absolute. WHEREFORE, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC, respectfully requests this Honorable Court enter an Order making the Rule Absolute. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in bt Collection Kimber F. Scian, Esquire Dated: May 15, 2012 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. CHARLES P SABULSKI Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5334-CIVIL Civil Action ORDER AND NOW, this day of 120 , upon consideration of the foregoing Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that Plaintiff's Motion is granted. It is hereby ORDERED that the Caption be amended to reflect the proper name of the Plaintiff as DISCOVER BANK. BY THE COURT, J. Our File No.: 276237 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff vs. CHARLES P SABULSKI Defendant CERTIFICATION OF SERVICE Civil Action I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on May 15, 2012, I mailed a copy of Plaintiff's Order and Motion to Make Rule Absolute to: ALLA GULCHINA, Esquire 30 PARK ROAD TINTON FALLS, NJ 07724 APOTHAKER & ASSOCIATES, P.C. Attorney for Pl ' tiff A Law Firm Engaged inebt Collectioi BY.:. KimMrly F. Scian. Esquire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5334-CIVIL Dated: May 15, 2012 J DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES, LLC Plaintiff VS. CHARLES P SABULSKI Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5334-CIVIL Civil Action ORDER el AND NOW, this day of , 20 1?%upon consideration of the foregoing Motion to Make Rule Absolute, it is hereb ORDERED and DECREED that Plaintiff's Motion is granted. It is hereby ORDERED that the Caption be amended to reflect the proper name of the Plaintiff as DISCOVER BANK. BY Thomas A. Place f Common Pleas Judge rn -C -s. r ?- z C-- N rx 4a k e,, ?p ma- jcpl ,S1a111 A 4""L w? WRIT OF EXECUTION and/or ATTACHMENT COMMON WEALTH: OF PENNSYLVANIA) COUN"~l' OF CUMBERLAND) NO ]0-:5334 Civil CIVIL ACTION -LAW TO THL; SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From CHARLES P. SABULSKI, 5 HEMLOCK DRIVE, MECHANICSBURG, PA 170x5 (l) You are directed to levy upon the property of the defendant (s)and to sell (?; You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISI~EE(S) as follows: PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s j or otherwise disposing thereof; ;3 ~ (f 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 1>ue $5,958.90 Interest FROM SEPTEMBER 27, 2012 - $11.75 Att~~'s Comm ~ o Atty Paid $201.00 PlRlintiff Paid Date: 10,31/12 (S~.°ai~ L.L. $$.50 Due Prothy $2.25 Other Costs $179.00 David D.~uell, Prothongta {" Deputy Rla)UE~TING PARTY: N:jme : l)AViD J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD 0306 N.O. BOX 5496 !MOUNT LAUREL, NJ 08054 Attorney fbr: PLAINTIFF Telephones 800-672-0215 Supreme Court 1D No. 38423 Our File No.: 2762;? DISCOVER BANK: vs. CHARLES P';ABULSKI 5 HEMLOCK DR MECHANICSBUR.G. PA 17055-4712 NO.: 10-5334-CIVIL PRAECIPE FOR WRIT OF E~;ECUTION (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE; MATTER. (]) Directed to the Sheriff of CUMBERLANDCounty, PA; (2) against CHARLES P SABULSKI, Defendant(s) (3) and against PNCBANK 105 NOBLE BOULEVARD CARLISLE, PA 17013, Garnishee(,) (4) and enter this writ in the judgment index (a) against (b) against „~ Defen~:Iant(s) .and Defendant(s) and as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s). Specifically describe property per attached property description: (5) Amount Due 55958.90 Interest from September 27.2012 M I.75 (Costs to he added) $179.00 i Payments $0 Dated: (~~;:~•1,1i~ ~~ %~ ~# a 9. o o pd ~~~ 3~ ov CgF -- ~~ ~ ~ o0 }~, 1 (- -- `" ~1.~ till !~• -, ~~ a. s c~ ~-a~,1 ``° 0 > -f-a c~ ~~~a~ ~a~~. ~~ ~$a~a~ YV~~ ~ ~~ C ~ l~SU~~r IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY COMMONWEALTH OF PENNSYLVANIA David J. Apothaker. Esq. Apothaker & Associates, F.C. 520 Fellowship Road C'30~, PO Box 5496 Mount Lau--el, NJ 08(154 (800 6~~2-o2I 5 Attorneys for Plaintiff ~'~ .as~~' Supreme Court ID No.: 18423. ~ ,Sou.. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson SPreritf Jody S Smith Chief Deputy Richard W Stewart Solicitor ~. ? : e _ -~ ~ ~ Discover Bank Case Number vs. ?010-5334 Charles P. Sabulsl~ci SHERIFF'S RETURN OF SERVICE 11/05/2012 10:46 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 5. 2012 at 1044 hours, attached as herein commanded all goods. chattels, rights, debts, credits, and monies of the within named defendant, to wit: Charles P. Sabulski, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County.. Pennsylvania, by handing to Tyler Negley, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and m~3de the contents there of known to him. The writ of execution and notice to defendant was mailed on November 6, 2012 to Charles P Sabulski at 5 Hemlock Drive, Mechanicsburg, PA 17055-4712. SO ANSWERS, ~~ ~~ f ' November 06. 2012 RONNY R ANDERSON. SHEI~IFF ~" .: , i lia ~ C;line, Deputy ;-., _7 ~~7.w:~ r~ -- ~~ ~ .~ (` , ~ ~ . .~ -_ .._~i - ~ ~~' .. .. ~ ._ - SIRLIN LESSER & BENSON, P.C. B~~: Jon C. Sirtin, Esquire Identitication No.: 17498 123 South Broad Street, Suite 210[) Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK ~. C'I I ~\Rl.l S ('. SAI3UI.SKI aiul PNC BANK, GARNISHEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 10-5334 CIVIL ENTRY OF APPEARANCE TO "~CH1 PROTHONOTARY: I<in~11y enter my appearance on behalf of PNC Bank. Garnishee. in the ahnve-captioned matter. Date: _ '~~~, SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 191.09 (215) 864-9700 Attorney for Garnishee DISCOVER BANK vs. ~ ~ ~ .y.. ~." i I .vii U ~lh~.. ~ i li i ~ ~~~ - ~ ~r~ ~ ~ ~ J COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CHARLES P. SABULSKI : NO. 10-5334 CIVIL and PNC BANK, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK, Plaintiff 1-6. The Bank has an account balance of $3,117.05 in account(s) titled jointly to Charles P. Sabulski, Linda M. Sabulski as joint tenants. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge and must allow for the general monetary exemption under 42 Pa.C.S. § 8123. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $350.00 is authorized and will be deducted from the attached funds. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. (A) No. Dater\~ ~~ ~~_ VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unsworn falsification to authorities. RE: Discover Bank vs. Charles P Sab~iskl DOCKET NO 10-5334 Theresa A Dusch Team Lead, Garnishment Processing Position DATE: November 30, 2012 Lit-233946.1 SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK VS. CHARLES P. SABULSKI and -' C COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 10-5334 CIVIL PNC BANK, GARNISHEE : ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BANK Garnishee, PNC Bank, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satisfy: Other: n Costs are hereby taxed in the amount of $ $350.00 L-0.00 L-0.00 $ 0.00 i-0.00 $-0.00 \ TO AL: 50.00 JON C. S IN Attorne for arnishee this day of PROTHONOTARY BY: 2013. Our File No.: 276237 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK vs. Plaintiff CHARLES P SABULSKI PNC BANK Defendant Garnishee 2013 AN 28 PM 3: 48 ? IJMGERLi D CCUNT?;.. PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5334-CIVIL Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO TI lE. PRO'14IONO'l ARY: Kindly mark the attachment against the Garnishee, PNC 9N dissolved. r I David J. Apothaker, Esquire Attorney for Plaintiff c?? ?i?aya?'1 ,2? assMa Our File No.: 276237 It _'; '"iii" " DISCOVER BANK '' IN THE COURT OF COMMON PLEAS OF Plaintiff 2013 JUN 24 PH 3: 18 CUMBERLAND COUNTY, PENNSYLVANIA vs. CUMBERLAND COUNTY CHARLES P SABULSKf ENSYLVANlA NO.: 10-5334-CIVIL Defendant(s) 6SW 3i M‘f) (141 PRAECIPE FOR WRIT OF EXECUTION 'bpo0.i,�rl. L4 YM To the�Prot�honotary. �� Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against CHARLES P SABULSKI, defendant(s); and (3) against MEMBERS 1ST FCU 5000 LOUISE DRIVE MECHANICSBURG, PA 17055, Garnishee(s); (4) and index this writ in the judgment index (a) against CHARLES P SABULSKI, defendant(s), and (b) against MEMBERS 1ST FCU 5000 LOUISE DRIVE MECHANICSBURG, PA 17055, as Garnishee(s), as a lis pendens against the real property of the defendant(s)in the name of Garnishee(s) as follows: Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage firm accounts, stocks, cd's, insurance, safety deposit boxes, etc. (5) Amount Due $5958.90 Interest from September 27, 2012 $188.24 Minus Payments made 8 $4375.00 __35 1 3 •G � Plus Costs $384.00 Total $2156.14 cw,,A 4)9, Ic l a nix) GSF David J. Apothaker, Esquire Attorney for Plaintiff(s)-4)LAI a. `1 .00(1 " as I, . So« « 6 . q . so" CLi &w7 °� °° eie. picts aciALDs E 4LsJk& WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-5334 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff(s) From CHARLES P. SABULSKI,6500 NEW ALBANY ROAD,NEW ALBANY OH 43054 (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,5000LOUISE DRIVE,MECHANICSBURG,PA 17055-ALL ASSETS AND ACCOUNTS,INCLUDING BUT NOT LIMITED TO,BANK ACCOUNTS,BROKERAGE FIRM ACCOUNTS,STOCKS,CD'S,INSURANCE,SAFETY DEPOSIT BOXES,ETC. 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$1,583.90 Plaintiff Paid$ Interest FROM SEPTEMBER 27,2012-$188.24 Attorney's Comm. % Law Library$.50 Attorney Paid$Q 310 Due Prothonotary$2.25 Other Costs$384.00 Date: JUNE 24,2013 David D. Buell, Prothonotary • BY: IA ii rr . �. Ii[_I Deputy REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: 520 FELLOWSHIP RD C306 LAUREL,NJ 08054 Attorney for: PLAINTIFF Telephone: 1-800-672-0215 Supreme Court ID No. '✓ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff { ` `- 4ar�t�fa '€ ii CID", _ r Ii;r PIR 0 fHr0P,0 its 'y Jody S Smith , Chief Deputy _ PM � �g"Y Richard W Stewart 2013 JUL Solicitor OFFICE �FTPSSk RtF= CUMBERLAIND COON'? Y PENNSYLVANIA Discover Bank Case Number vs. 2010-5334 Charles P. Sabulski SHERIFF'S RETURN OF SERVICE 11/05/2012 10:46 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 5, 2012 at 1044 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Charles P. Sabulski, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Tyler Negley, 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 him. The writ of execution and notice to defendant was mailed on November 6, 2012 to Charles P. Sabulski at 5 Hemlock Drive, Mechanicsburg, PA 17055-4712. 07/08/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Plaintiffs attorney filed a praecipe to dissolve against garnishee, PNC Bank, on January 28, 2013. Plaintiffs attorney collected $4,375.00. SHERIFF COST: $174.17 SO ANSWERS, July 08, 2013 RON R ANDERSON, SHERIFF s-, �6 3 y (c)CountySuite Sheriff,Teleosoft,Inc. y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) -} NO 10-5334 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff(s) From CHARLES P. SABULSKI,5 HEMLOCK DRIVE,MECHANICSBURG,PA 1.7055 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK, 105 NOBLE BLVD,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,958.90 L.L. $$.50 Interest FROM SEPTEMBER 27,2012-$11.75 Atty's Comm % Due Prothy $2.25 Atty Paid $201.00 Other Costs $179.00 Plaintiff Paid Date: 10/31/12 �Qtvid ��u�l� David D. Buell,Prothonotary (J1'fM,h,A (Seal) By: Deputy REQUESTING PARTY: Name : DAVID J.APOTHAKER,ESQUIRE Address: APOTHAKER&ASSOCIATES,P.C. 520 FELLOWSHIP ROAD C306 P.O.BOX 5496 MOUNT LAUREL,NJ 08054 Attorney for:PLAINTIFF Telephone: 800-672-0215 Supreme Court ID No. 38423 TRUE COPY FROM RECORD In Testimony whereof,1 here unto set my hand end the i of said Court rat,1Carlisle,Pia.. This— day of .20�.. Prothonotary J a- -� G SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1LE0-O!:F!0E- HE 15 Sheriff f Jody S Smith 2013 JUL -9 AM 10: 1:2 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor omcE Q"Tf"k$P.Ef-"I rp PENNSYLVANIA Discover Bank Case Number vs. Charles P. Sabulski 2010-5334 I SHERIFF'S RETURN OF SERVICE 07/03/2013 02:02 PM-Ronald Hoover, Deputy Sheriff,who being duty sworn according to law, states that on July 3, 2013 at 1400 hours, attached as herein commanded all goods, chattels, rights, debts, credits,and monies of the within named defendant, to wit: Charles P. Sabulski, 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 Laurie Shultz, Member 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 July 8, 2013 to Charles P. Sabulski at 5 Hemlock Drive, Mechanicsburg, PA 17055-4712 (envelope provided by atty's office). VIP (r-vr4) RONAL 03WER, DEPUTY SO(N--SWERS, July 08,2013 RbNW R ANDERSON, SHERIFF (c)CountySufto Sheriff,Teieosoft,Inc. Our File No.. 276237 DISCOVER BANK COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY vs. CHARLES P SABULSKI NO.: 10-5334-CIVIL 5 HEMLOCK DR MECHANICSBURG, PA 17055-4712 Civil Action C-� XXX-XX-7471 C_- rmca C_ r' C= Defendant n MEMBERS I ST FCU Garnishee 5c= 4 _< INTERROGATORIES TO GARNISHEE TO: MEMBERS I ST FCU, Garnishee: 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. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument,Pr-did defendant(s) claim that you owed defendant(s) any money or were liable to defendant(s) for any reason? fn 2. At the time you were served or at any subsequent time was there in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? nz 3 At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest? r0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? no 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof.? tl 0 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? n (3 7. If you are a bank or other financial institution, at the time you were served oi- any subsequent time did the defendant(s) 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 exec tion 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(s) 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 exemption under 42PA.C.S.§8123? If so, identify each account. i #ps 9. How much is the value of y rope rty in y ux possessio b long ng to the defendant(s)? 10. In the space below, the plaintiff may set forth additional appropriate interrogatories Dated: l / David J. Apbthaker, Esquire APOTHAKER&ASSOCIATES, P.C. 520 FellowshJp Road C306 PO Box 5496 Mount Laurel,New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff Our File No.: 276237 APOTHAKER&ASSOCIATES, P.C. By: David J. Apothaker, Esquire . 520 Fellowship Road C306 w PO Box 5496 rr'CD rn`T Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff ' ` DISCOVER BANK ) COURT OF COMMON PLEAS ©F CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 10-5334-CIVIL CHARLES P SABULSKI ) Civil Action Defendant ) MEMBERS 1 ST FCU ) Garnishee ) PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark.the attachment against the Garnishee, M RS 1ST FCU, dissolved. David J. pothaker, Esquire Attorney for Plaintiff I�'5� if°� ray Our File No.: 276237 APOTHAKER& ASSOCIATES, P.C. H 0 tP'j BY: David J. Apothaker, Esquire AUG 26 Attorney I.D.# 38423 i'E� �9E3 E Mount Laurel,NJ 0 054 06 PI-`N S YLV iV U T� (800) 672-0215 Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. ) CHARLES P SABULSKI ) NO. 10-5334-CIVIL Defendant. ) PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the Judgment Satisfied against the Defendant. Judgment has been paid in full. APOTHAKER& SS CIATES, P.C. Attorney for aintiff A Law Firm Eng,ged i Debt Collection By: David J. Apotha -squire * Q 2 7 6 2 3 7 S S O J 1 - a �. - 291/0c?9 ~' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff - r ;�1; ;; t Jody S Smith 1 Chief Deputy 2914 FEB 26 PH 2' Richard W Stewart Solicitor ����:., . . �a. ��� - ��MB�j�LAN� G+�U T#. PENNSYLVAN11% Discover Bank Case Number vs. Charles P. Sabulski 2010-5334 SHERIFF'S RETURN OF SERVICE 07/03/2013 02:02 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2013 at 1400 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Charles P. Sabulski, 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 Laurie Shultz, Member 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 July 8, 2013 to Charles P. Sabulski at 5 Hemlock Drive, Mechanicsburg, PA 17055-4712 (envelope provided by atty's office). 02/25/2014 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. Attorney Apothaker did file a praecipe to mark judgment satisfied on August 26, 2013. Judgment has been paid in full. SHERIFF COST: $119.64 SO ANSWERS, February 25, 2014 RON R ANDERSON, SHERIFF �2-aS * -a, S-o l�p�•