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HomeMy WebLinkAbout10-6012 SEP 8 ~ 2010 IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK a~~~ _~ Plaintiff No. °°w~•~ Q N s cJ£lz.S Ld vs. INTERROGATORIES IN ATTACHMENT MEMBERS 1sT FCU KARLA KAY RUSSELL Defendant and MEMBERS 1ST FCU Garnishee ca -~~ c ~_,~-`~ ~~ :C7 ~ ~~i -~ t~ :% ^ry O 'zt ~'-- Q ~ ~rn A -~: FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06307443 c-~ ~ a ~ cza cn rn ~~ ~~ il r- -'C ~' G3 4-' .y C7 '.~ ~" C7 ~ O ~, C C,J ~ .~- --t ~ -< IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA CNIL DNISION DISCOVER BANK Plaintiff vs. Civil Action No.: 2007-1131 KARLA KAY RUSSELL Defendant and MEMBERS 1ST FCU Garnishee TO: MEMBERS 1sT FCU Suggested Reference No.: XXX-XX-1627 1711 SPRING ROAD CARLISLE, PA 17013 RE: KARLA KAY RUSSELL 17 ffiLL TOP RD DUNCANNON, PA 17020 IlVIPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES Ilv 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)? la. 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. ' 1 I t/l. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you .hold as fiduciary any property in which the defendant had an interest? ~ O 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 conrrs''e~~nt and if so what was the consideration thereof? V 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ~~ 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. `/ ~ ~ 30 3 U f 4 ~~ ~ ~ -~ i:SO ~xes~"rte ~e~ --~ s o. 9. If the answer to Inten ogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. , ^ r 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. ~ ~~ 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 Pennsylv or federal law? Igo ~u ~~s 12. If the response to Interrogatory 11 is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. I V ~ 1- U w i WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06307443 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations AnalystpfMembers 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (S[GNATUR ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE THE PMTIHONOTARY Jody S Smith Chief Deputy 23 AM 8; 30 Richard W Stewart Solicitor « F - T4? ..u UMERL iQ CQUT V `)EHHSYWAI`41A, Discover Bank Case Number vs. 2007-1131 Karla Kay Russell SHERIFF'S RETURN OF SERVICE 09/21/2010 10:02 AM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1000 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Karla Kay Russell, 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 Denise L. Harman, Assistant Branch Manager 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 September 22, 2010 to Karla Kay Russell at 17 Hill Top Road, Duncannon, PA 17020. SO ANSWERS,, f? September 22, 2010 RON R ANDERSON, SHERIFF Ryan Burgett, Deputy (c) Coun'yS?.nte Shenff ?e!ecsott. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED 'OFFICE Sheriff 01 CuanUO THE PROTHONOTARY Jody S Smith Chief Deputy 4 ZQI APR I $ AM IQ: 26 Richard W Stewart ' 'T` Solicitor OFFICE OF T-_ srER,FF CdtlrfBER ADO CUII PENNS YLVA NIA Discover Bank vs Case Number . Karla Kay Russell 2007-1131 SHERIFF'S RETURN OF SERVICE 09/21/2010 10:02 AM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1000 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Karla Kay Russell, 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 Denise L. Harman, Assistant Branch Manager personal) 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 execution and notice to defendant was mailed on September 22, 2010 to Karla Kay Russell at 17 Hill To Road, Duncannon, PA 17020. 04/14/2011 Ronny R.?Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned s ABANDONED. No action on writ in over 6 months. SHERIFF COST: $98 April 14, 2011 SO ANSWERS, x RON R ANDERSON, SHERIFF Sharon R. Lan ,ci GountySuite Sheriff. Teleosoft, Inc.