Loading...
HomeMy WebLinkAbout10-7057 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT CTmOi\1 Plaintiff No. I b _- 05 7 VS. COMPLAINTIN CIS BRYAN B GRAHAM PENNSYLVANIA ACTION Defendant FILED ON BEHALF '-"F Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urbane Esquire PA I.D: #90963 WELTMAN, WEINB -RG & REIS CO., L.P.A. 1400 Koppers Building, 436 Seventh Avenue Pittsburgh PA 15219 (412) 434-7955 WWR408650176 Q aq?oICA qguo i 7 IN THE COURT OF COMMON PLEAS CUMBERLAND CO CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. BRYAN B GRAHAM Defendant Civil Action No. ?D NOTICE T ,PENNSYLVANIA 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) clays after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing i writing with the court your defenses or objections to the claims set forth against, you. You are warned hat 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 •equested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A 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 HEL:: CUMBERLAND' COUNTY BAR ASSOCIA 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 f Y COMPLAINT 1. Plaintiff is a corporation with offices at' 615 EUCLID AV 'NUE SUITE 113, CLEVELAND, OH 44115 2. Defendant is an adult individual residing at 706 LOUISA LANE, MECHANICSBURC, PA 17050. 3. On or about August 25, 2009, Defendant applied for and was granted a revolving line of credit by Plaintiff in the amount of $10,000.00, a true and correct copy oft the Loanliner Open-End Voucher and Security Agreement, the terms and conditions of which were greed upon by the parties, is attached. hereto, marked as Exhibit "1", and made a part hereof. 4. Defendant made use of such credit granted by Plaintiff and as currently a balance due and owing to Plaintiff, as of October 6, 2010, in the amount of $8299.79. 5. On or about May 28, 2010, Defendant defaulted under the t arms of the parties' agreement by failing to make the required payments to Plaintiff when due. 6. By the terms of the parties' agreement, more specifically th "°acceleration. clause" therein, Defendant's default made the entire balance of the loan immediately due aEd payable to Plaintiff. 7. Plaintiff avers that the written Agreement between the parti °s provides that Plaintiff is entitled. to the addition of finance charges at a variable rate. 8. Plaintiff avers that it is entitled to finance charges at the rat I of 14.00% per annum on the unpaid balance. d ? 9. Plaintiff avers that the Agreement between the parties provi Plaintiffs reasonable attorneys' fees incurred in enforcing said Agreement 1.1. Plaintiff avers that such attorneys' fees amount to $125.00. 12. Although repeatedly requested to do so by Plaintiff; Def refused to pay the principal balance, finance charges, attorneys' fees or les that Defendant will pay has willfully failed and/or part thereofto Plaintiff. WHEREFORE, Plaintiffdemands Judgment in its favor and againsi Defendant, BRYAN B GRAHAM,individually in the amount of $8299.79 with continuing -finance charges thereon at the rate of 14.00% per annum plus attorneys' fees of $125.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFO SHALL BE USED FOR THA TPUI2 OSE. IATION OBTAINED WELTMAN, WFIN.B RC & REIS, CO., L.P.A. Matthew D Urban, Esquire PA I.D: 490963 WELTMAN WEINBERG & REIS CO,, L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA. 15219 (412) 434-7955 WWR#:08650176 ` 1CMUNEL INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Open-End Voucher 3615 Euclid Ave., Suite 19 • P.O. Box 93655 Cleveland,.OH 44115 and Security Agreement J : BORROWER INFORMATION BORROWERiNAME (LAST), 07RS7) (ANTIMP ACCOUNTNUMBER AM TREQUESTEDIPURPOSE DATE 214W6hl IR 13RAHAN 045212-50 ADDRESS WAY iC,A?C,I,PL 491 ?-I•A GECHECKONE: -- CITY STATE ZIP H t'" rEl_EP NE Nlt1?ER DEPOSIT IN ACCOUNT NUMBER: MECHAN I CSBURB FAA 17050-2565 S MAIL THE CHECK ? PICK UP THE CHECK RORROINER2 NAME (LAST) (F(R81) (INITIAL) ACCOUNTNUMBEfl CHE CK PAYABLE TO- - -- - -- ADDRESS (IF DIFFERENT THAN BORROWER i) RE YMENTMECHOD: F AUTOMATIC TRANSFER PAYROLL DEDUCTION CASH PAYMENT MILITARY ALLOTMENT BORROWER 1 EMPLOYER NAME WORK TELEPHONE NUMBER DA E HIRED 43ROSS MONTHLY SALARY BORROWER 2 EMPLOYER NAME WORK TELEPHONE NUMBER DA E HIRED GROSS MONTHLY SALARY NOTICE: YOU DON'T HAVE TO INCLUDE INCOME FROM CHILD SUPPORT, SOURCE OF OTHER INCOME OTHER MONTHLY INCOME SEPARATE MAINTENANCE, OR ALIMONY UNLESS YOU WANTTHE CREDIT ' $ UNION TO CONSIDER IT. _.. - SUBSEQUIENT ELECTION FOR VOLUNTARY PAYMENT PRO TECTION You can now voluntarily elect to become Insured with the coverage(s) checked below. In order for coverage to become effective you must meet all insurance eligibility requirements stated in the Credit Insurance Application/Schedule. NOTE: The insurance t'ou'r applying for contains certain terms and exclusions; Refer to your certificate for coverage details. If you need a copy of the Insurance Certifica e, just ask. By signing below, you authorize us to add the charges for the insurance to your outstanding balance each month. Coverage election applies to the a ire balance on this subaccount. Insurance rates are subject to change. COST. PER $100 OF YOUR NAME OF INSURED(S) YOU ELECYTHE FOLLOWING: MONTHLY LOAN BALANCE (PLEASE PHNT) Single Credit Disability Insurance $.27 Single Credit Life Insurance $.07 REPAYMENT MR PERIODIC RATE ANNUAL PERCENTAGE RATE FIXED MARGIN OTHER FEES (Amount and "pTIaI) PREVIOUS BALANCE " .00038356 14.000% ire VARIABLE % $ 7 $: 10V000.00 } 1. NEW BALANCE THIS SUBACCOUNT AMOU14TADVANCED PAYMENT AMOUNT DATE DUE PAYMENT FREQUENCY U OF CREDIT LIMIT REMAINING LAST ` . 0 $ 14 000.00 $ 157.09 BI-WEEKLY 10, 000.00 .00 w BEGINNING 9/04109 N - z 0 F THE ADVANCE IS SECURED BY YOUR SHARES, ALL PROPERTY SECURING OTHER PLAN ADVANCES AND LOANS RECEIVED N THE PAST : R IN THE FUTURE,. AND THE FOLLOWING PROPERTY: ? PROPERTY/MODEL YEAR I.D. NUMBER. VALUE KEY NUMBER .................................................................1--.,..................................................,............................................ ................ °°........................................................... `LL ........................................................................................................ ........................................ ....... ...................... ................................................ ' PLEDGE OF SHARES ANWOR DEPOSITS $ ACCOUNT NUMBER(S) SIGNATURES By si ring below, by endorsing the proceeds check or by using the amount advanced and deposited Into your share/share dr account you agree: 1. Toinalce and be bound by the terms of this Security Agreement Including the cross collateral clause; 2. The above Information Is true',and correct and the credit Union will rely on that Information and your credit report to make credit decision; 3. To make payments as disclosed above In accordance with the terms or your Plan: X. - (G?u r K (SEAL) R 1 SIGN RE DATE BORROWWE BORROWER 2 SIGNATURE DATE ? 1F X_ IN (SEAL) SIGNATURE U OWNER OF tX LLA1EHAL (Omer than a Borrower) URIC . JIV,VH I V,SC U V wrven Vr w. , erw? Aune:r ,Tea n ounvnay ++.. , TO r OBDER: MUTUAL GROUP, it, ea, 86, 98, se, z?,, ae, o3, m, ALL RIGHTS RESERVED CREDIT UNION COPY vxxosa 08/07/2009 14:04 7172496371 0194 AIT DC 4 4 PAGE 05/09 INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION 3616 Eudid Ave., Suite 1 B • P.O. BOX 83656 C Open-End Plan Signature. a leveland, OH 41115 BOARa1N 7 NAME (Ple"a tint) AOWVWNUMBER RNIENM R Z NAME f Please RIFQ A00C NUMT?Ei1 This LOANLINER' Credit Agreement, which ineludes th Mint In Lendlrlg Dlsolosutes, x. CREDIT LIMIT--We in " " y, but do not have to, establish a credit limit on certair i t t c d h the Plan. The Plan documents include this agreement and an subaccounts. If a credit Ilml will be referred to as se no o ex ee t r Is set for a subaccount, you prom Addendum. "You", "your" and "borrower° mean any person who signs the Plan. established credit 11m1L If you exceed the credit limit, you promise to repay "CreT4 Union", *w@", bur" and "us" mean the Credit Union whose name appears on immediately the amount wh ch exceeds the credit limit. the Plan or anyone to whom the Credit Union transfers Its rights under the Plan. 3. REPAYMEIt11'--You p miss to repay all amount; you owe under the Plan plu: 1. HOW THIS PLAN WORKS -• This Is an open-end, muVeatured credit plan. interest. Payments are due o the last day of the month unless we net a different dal We arAicipate that, from time to time, you will borrow money (called "advances") at the time of an advane If the Addendum has no payment schedule for 1 under the Plana We are not required to make advances to you under the Plan and subaccount, your payment be determined at the time of each advance. Payment; can refuse a request for an advance at any time. The Addendum deacrlbes the most Include any amount " due and any amount by which you have exceeded am subaccounts) available under the Plan, the current credit Ilmlt you have been g1 different types of credit (Called in fora subaccount. You may repay all or part of who ' interest rate for each subaccount expressed as a daily periodic rate and you on at any time without y prepayment penalty. Even If you prepay, you will stA corresponding annual percentage rate and other charges. It may also have other terms and a schedule for deWminfi the payment amounts. (continued on reverse Bldg 1. You have received and read the LOAKLtNER• Credit Agreement, Including the awe under the LOANLiN • Credit Agreement. When you are in data oft, ya i Addendum ("Agreement") and a Credit Insurance Certificate. By signing below authorize us to apply th b t S t f h hatance In Ihese arcouata to arty amounts due A d th r t o be you agree ound by t hares and deposits la erms o the Agreement. e d any o a Individual Retl oneent ccoun , an e f d l ` cl l d 1 lose account limt woul er state or e eral pe a tax treatment un aw 2. You grant us a security interest In all Individual and joint share antler given =me" are no d4 It t h with s h o d I th f l t t o d a subject to the secarlty Interest you have given t " coo s yea ave u nre o Begone w you ur rea an n w an n e a a epag a 1% 9 m la &I 1 (20#4 oR n 18IQNA E DATE 2 SIGNATURE imp MKTE CU NA Mutual Insurance Society • Madison, WI 63701.0391 • Pha 937-26 t "Yon" or "Your" means the member and the joint Insured (if applicable). that particular advance e Insured until you return to work. if you ar 1lo Credit Vnsuranl:e ie valentaiy and not required ht order tD obtain this loan. You off wc4tc because of re You will be considered at strike or vacation, but soon t0 resume ayoff, wor may select any insurer of your choice. You can get this insurance only if you . check the "yes" box below and sign your name and write in the date. The rate - You are eligible for Insura nce up to the Maximum Age for Insurance, I nsuranc you are charged for the insurance is subject to change. You will receive written will stop when you reach that age, notice before any Increase goes Into effect You have the right to stop this insur• NOTE: THE LIFE AND DI ance till notifying your credit union in writing. Your signature below means you SABILITY INSURANCE CONTAINS CERTAIN BENEFi EXCLUSIONS, IN agree that: RE-EXISTING CONiDITION EXCLUSION. PLE AS REFER TO YOUR CEIRMn FOR DETAILS. 4 If you elect insurance, you authorize the credit union to add the charges for NOTICE TO N1S0 insurance to your loan each month. • "Any person who, wltlr intent to defraud l knoving that he is raud against an.insurer, submits an application l • You are eligible for diaabllity Insurance onW it you are working for wages or files a claim conta 5 h fi s k rdeceptive statemenUs guilty of insurance fraud n O N pro t for 2 our a wee or more on the te of any advance. If you are not, MembsrEle e g Credit Insurance, CU A A utual Insurance So YOU RL CTTHE COST PER $100 roi.LowlNa unANCS OFYOUR MONTHLY OvEiiED M Wsh CaVERAGl 3 YES NO LOAN 6ALANCE Ippap SINGLE CREDIT DISABILITY .2743 SINGLE CREDIT LIFE $.070 It you are totally disabled for more than 3o days, then the disabili benefit will begin v 1h the 31st d of disabili ACCOUNT NUMBER SURANC M { U fl MONTHLY TOTAL BENEFIT $ 60o WA INSI;IRABLE idALANC;E PER LOAN ACCOUNT $30,000 $30,000 SC ONMAY SENEA Rr you daulm W awne one) MAXIMUM AGE FOR INSURANCE 66 70 _ i (l N 1a NOF 0 W all a To Be INSURED ARS•o7eeOH OCUNAMUTUAL G100.IM 9$, 84.113.39,95.99.2;W. ALL RI nq mospo TCOF40EiR:'1-800359.5 99. tOnly ?equrmd i.?ONT CSR 1PE eovarepe CREDrr UNION COPY FLOWLE Admue RYA j 06/07/2009 14:04 7172496371 0194 AIT DC PAGE 04/09 ., Credit Agreement (continued) be required to make the regularly scheduled payments unless we agree in writing to a us updated tlnaneial informal on. change In the payment schedule. If you tame a joint share draft account, you will be lit, WAIVER - We cart del y or waive enforoing any of our rights under this Plan responsible for paying all overdraft advances obtained by a joint holder of the share Including year ohllgauon to t?mely payments, without losithg our right to erlforCl draft account, Unless otherwise required by law, payments will be applied to amounts the terms of qtg Plan at a later time. If the law makes any term(s) of the Plar owed under the Plan. In the manner the Credit Union chooses unenforceable, the other term will remain in effect, 4. PIAN ACCESS -You can obtain credit advances in any manner authorized by us, 14. DEFAl1LT . rite 1eUe A paragraph applies to bamoWars In Jdaha, Kaasas If we allow you to *use your ATM/Debit card to access the Plan, you may be liable for Mablp and stale chartered rodif onion loadlo In She* Carailaa hawsiears Yor the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized will be in default if you don make a payment nl?thu amount required when 1t Is doe use that occurs after you notify us, orally or fn writing, of the loss, theft, or possible You will also be in dedAI are believe the prospect of ppayment performance, e unauthorized use. If you believe your AT Debit card has been lost or stolen, realization on any property gl Fen as security is signlflcenti- impairer{. Immediately Inform the Credit Union by calling or writing us at the telephone number The lollawlogparagrapllapp !es sal fa harmats/a Wisconsin: You will be in defaul or address that appears elsewhere in the Plan. If the curd is used to obtain unauthorized Y advances directly from the Plan, your lability will not exceed $50. If the unauthorized If you fail to make a payment en due two times during any 12 month period. You wll withdrawal is from a share draft account, your liability is governed by the Regulation E be in default if breakng any p In made undw the Plan materially Impairs your abiPnj disclosures you received at the time you received your ATM/Debt card, even if the to repay what you owe. You also be in default if breaking any promise made under I withdrawal results in an advance being made from your overdraft subaccount. Security Agreement made 1 connection with an advance, materially Impairs thr I. FINANCE CHARGE - The dollar amount you pay for money borrowed is caged a condition, value, or protectlan of or our right In any property you gave as security. "finance charge" and begins on the date of each advance. A finance charge wig be The 1°1lawleg Ap?ll?gh +rF Ilea aorryvr to Lr°rrowars In !aura: You w111,t In default 1 computed separately for each separate balance under the ft- To cumputa the finance you are more titan 10d ays I e in making a payment. You will also be in default N yet charge, the unpaid balance for each day since yed our last ( do flat comply with the terms of the Plan and your failure to cam material! Im air; If you have not yet made a payment) Is aY multiplied payment or advance any Property you gave as se rily or our abfmSr tar pN Y pg by the applicable daily ily periodic rate.. TbaloNaw your spay what you owe under the Plan The sum of these amounts is the finance charge owed. The balance used to compute kopeagrapfrapp stoaorroweisInofotnerawsanilederauyc!,soarer ell the finance charge is the unpaid balance each day after is ants and credits to that c? ?i°"a 1001 fa so Carralhte horror You will he in default if u do nog balance have been subtracted and any additions to the pbaialtce have been made. In make a payment of the amou required when it is due. You will be in default i you brae! 'addition to Interest, we may charge other finance charges which are disclosed on the amv promise you made Lin the plan or if anyone in defardt undue anyy secut'dy Addendum. If the Interest rate is a variable interest rate, the Addendum explains how agreement made in connection with an advance undarthe Plan, You will be in rtefaurrt ff yor the variable Interest rate works, are, bla for bankruptcy, beoo insoNem, 'd you make any false or misleading shztemenu B, SECURITY--You hedge as secrtrtty for tiro Plan all shares and dividends and, tf any, l" anY credit app catlorl or to of credit irfformation, or If something happens we all deposits and IntereaE in all joint and individual accounts you have with us now and in ?ifeve may substantially redo your ability to repay what you awe. You will also be Ir the future. If a specific dollar amount is pledged for an advance. we will freeze shares In default under rho Plan l you a ` In default under any other loan agreement with us. that account to the extent of the outstanding balance for the advance. Otherwise, your 15• ACTIONS AFTER Rf AU T -The fdAdwlag paragraph applies to b°rmwom A pledged shares maybe withdrawn unless you are In default if credit union kn a federal Col°4add, D1WdW bf Cohn fa, laws, KaASas, Maine, Wiassa12bdselts, AtlssnurJ, charter: Statutory Lien - If you are In default on a financial obligaton to us, federal law ' NabPaslct; Well 14#09181 n sad rtald shadarad areal! °ai°ns leadlap A gives us the right to apply the balance of-shares, and dividends In all individual and joint 3erdh comflaa borrdeers:• an you are In default and after expiration of any fight you accounts you have with us to satisfy that obligation. After you are in default, we may have under applicable stale law to cure your default, we can demand immedlOtt exercise this right without further nolioe to you. (We have a federal charter if our name payment of the entire unpaid nce under:the Plan without giving you advance notice. includes the term "Federal credit Union.") If credil union Is elate chartered, except in The fallowing parapt?h a `las to barrawom in all alhP?slates and fo federally- , Rhode island, and Massachusetts: We have a statutory lien on Ohio the shares and chartered 1240911 rmloas lead fo SaaihCorollas borrolrers: When you are in defatdi, dividends and, if any, the deposits and interest in all individual and joint account you we can require immediate pay' ant (arxasratlein) ofthe entire unpaid balance under the have with us and may exorcise our rights under the lion to the extent permitted by state Plan. You waive anyry?ht you eve to demand for payment, notice of intent to accelerate law. (We are state chartered if our name does not include the term "Federal Credit and notice of awelEe an r Union.' For all borrowers: The statutory Ilan and/or your pledge will allow us to apply The follaw/nt7 pArag4apla ap ea la aft borroil if Immediate payment is demanded, the funs in gaur accau"q to what you owe wbon yi are in defmrR. The statutory lien you will continue to pay ante st until what you owe has been repaid, at the applicable and your pledge do not apply to any, Individual Retirement Account or any other account interest rates.ln effect or, if filicable, at the default rare disclosed on the Addendum; that uiouid lose special tax treatment under state or federal law if given as security. if a demand for immedlete e ymnt has been made your shares and/or deposits can j Additional security for the Purr may be required at the time of an advance. If a is applied towards what you owe as provided in the Section above caged "SecurWi subaccom:Identifes a type of property (such as "New Cars") you must give that type of We can also exereieo any e r rights given by In when you are In default, and any ;property as security when you get an advance under that subaoeount. A subaccount rights we have under any &e city Agreements you have wi hth us, 'Hama such as "Other Secured" means you must provide socudty acceptable to us when 16, CANCELLING OR CHANGI a THE PLAN - 71/0 fallawloanara8r" applies only in ti you obtain an advance under that auWccounL Properly you give as security will secure slate ahadered small unions ead/og to Affnais bdrrawm,. a have the right to changpe all amounts owed under the Plan and all other loans you have with ire now or in the the terms of the Plan tram ti to aline after giving you any advance notice required by future, except any loan sect,red by your princlpal dwelfmg. Property securing other loans law. Any change to the lntcras :rate or other charges wig apply to future advances. you have with us may also secure the Pllan, The lallawtnp paragraph ap of only fa borrowers In w/seensk, We can change the 7, PROPERTY INSURANCE--You will be required to purchase property Insurance on terms of the Plan from time to fine in accordance with Section 422415 of the aeconsln certain types of security that you give for advances. You may purchase She property Statutes, You will be notified o any owe In terms, An Increase in the daily insurance from anyone you choose that is acceptable to the Credit Union_ e Plan. rate ender a variable interest rata /not considered a change in terms under the Plan. We We can is e. CREDIT INSURANCE - Credit life and/or credit disability insurance Is optional , cancel the entire Plan or any 'it of the Plan at any time. You may cancel the Plan at any under the Plan. If you qualify for and purchase the insurance from us, you authorize us time by giving us prior writte 'notice. Your obligation to pay the unpaid balances under to add the Insurance premiums monthly to your loan balance end charge you Interest the terms of the Plan continue whetheryou or the credit union cancel the Plan, except to x on the ei i balance. K you elect credit insurance, your payments may Increase or the the extent that your lability is Imlled by Seetlon 422.4195 of the Wisconsin Statutes. period of time necessary to repay your advance may tie extended. The credit insurance The krllewhlg para?epa app ?, pay in ha?rotvors In aapr? We can change the terms YS rates may cling during the Plan. If the rates change, we will provide any notices of the pion from time to gm , efser giving you any advance notice required by levy A required by applicable law. change that increases the re ` of gruance charge or other eharpe, that increases the S. PERIODIC STATEMENT-- On a regular basis you will receive a statement showing amount of your payments or otherwise adversely affects existing balances will apply all transactions under the Plan during the period covered by the statement Statemerns to existing balances onhr W yo agree to tha change or you use the Plan after recaiii and notices will be sent to you at the most recent address you have given us In writing, notice that your use of tha Pier means you agree the change applies to "ling balances, Unless applicable law requires notice to each joint borrower, notice to any one of you The fe!ldtrln pargvipph e will be notice to aIG g s ' lies to harrowers !n all albtrr slabs and federally skindered aredR ialoosl g to #11140 bbrrinvesn We have the right to change the 10. JOINT ACCOUNTS •- if this is a joint account, each of you is Individually and terms of the Plan from time to time after giving you any advance notice required bylaw. Jointly responsible for paying all amounts owed. That means we can enforce our rights Any change In the interest rat wig app to future advances, and at our discretion and under the Plan against any one of you Individually at against all of you together. if you subject to any requirements app u law, will also apply to unpaid balances. give us inconsistent instructions, we can refuse to follow your instructions. Unless our The 101lomlriay paragraph ap es to all hat Wisconsin horroei An increase in the written policy requires all of you to sign for an advance, each of you authorbes the daily perlodle rate under a hie interest rate Is not considered a change in terms others to obtain advances individually and agrees to repay advances made to taro under the Plan. We can cane the entire Plan or any part of the Phan at any time. You other?a . Any joint accountholder may terminate the Plan by giving us prior written can aancel the plan at elm by giving us prior written Raft. Your obligation to pay fi'r' natx:c, 1' any of you terminate the Plan, the Plan is tetminated giving of you. You rarnaln the unpaid balances under th terms of the Plan continues whether you or the Credit liable individually and jointly for all advances incurred beforeterminstion. Union cancel the Plan. 11. FEES AND CHARGES -- If you give us a security interest in certain Was of 17. The lollowl°g Is re verment lop,; NOTICE TO CO-810MER propery% wo may charge you a filing foe to perfect our interest in lie property, U we do, YOUR SIG MATURE ON HIS MOTE MEANS THAT YOU ARE EQUALLY the amount of the fee will be disclosed to you at the time you obhrlli an advance, We May LIABLE FOR REPAYS OF THIS LOAN. IF THE BORROWER DOES !also charge you other fees In oonneation with the Plan. Our eurromfeea ara disclosed an the Addendum and wig be added to your loan balance unless you pay them in cash, NOT PAY, THE LENDER AS A LEGAL RIGHT TO COLLECT FROM YOU. 12. UPDATING CREDIT INFORMATION -You promise that you will promptly give us 18. NOTICE TO UTAH NORR S: This written agreement is a final expression of written notice if you move, ;change your name or employment, or P any other the agreement between you the Credit Union. This writhtn'agreemant may not be Information you provided to us changes. Upon our request, you also agree to provide contradicted by evidence of oral agreement I VERIFICATION The undersigned does hereby verify subject to the penalties of 18 A.C,S. 54904 relating to u lsworn falsifications to authorities, that he/she is Md- /I C d n s e 1/1 d cis t, Id l (Name) l ` P d Sal l' ep p of /If°s ? i'?a?O?'s I- (ed, C U, (Tit e) (Company) he/she is duly authorized to make this 'Verification, and that the facts set in Civil Action are true and correct to the best of his/her knowledge, info (Signature) plaintiff herein., that rth in the foregoing Conplaint cation and belief. J WWR#08650176 SHERIFF'S OFFICE OF CUMBERLAND COUNTY -. -+ D Ronny R Anderson Sheriff Lp Jody S Smith ?4?11 Chief Deputy T Richard W Stewart Solicitor MCE c r _"ERIFP Industrial Distributors Federal Credit Union Case Number vs. Bryan B. Graham 2010-7057 SHERIFF'S RETURN OF SERVICE 11/08/2010 08:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 8, 2010 at 2025 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bryan B. Graham, by making known unto himself personally, at 706 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 09, 2010 0014-- TIM BLACK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (cl CountySuite Sheriff, Telec=off Inc. I FILEC OFA6r Or THE PR6-rH *W --FA V 211 FE!' I y PM 3;2 7 "E:NN" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff VS. BRYAN B GRAHAM Defendant No. 10-7057 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8650176 Judgment Amount $ 8,819.54 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff VS. BRYAN B GRAHAM Defendant TO THE PROTHONOTARY: Civil Action No. 10-7057 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BRYAN B GRAHAM above named, in the default of an Answer, in the amount of $8,819.54 computed as follows: Amount claimed in Complaint $8,299.79 Interest from October 6, 2010 to February 7, 2011 at the legal interest rate of 14.00% per annum $394.75 Attorneys' Fees TOTAL $125.00 $8,819.54 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: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8650176 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendants are: 706 LOUISA LANE, MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff Case No. 10-7057 VS. BRYAN B GRAHAM Defendant IMPORTANT NOTICE TO: BRYAN B GRAHAM 706 LOUISA LANE MECHANICBURG, PA 17050 Date of Notice: I ? 61 0 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBSF40 & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8650176 K PIT SJS IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff VS. Civil Action No. 10-7057 NON-MILITARY AFFIDAVIT BRYAN B GRAHAM Defendant The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, BRYAN B GRAHAM is not in the military service. Affiant further states that this belief is supported Manpower Data Center (DMDC), which states that the indicating that the below individual is in the military service: by the attached certificate from the Defense DMDC does not possess any information BRYAN B GRAHAM 706 LOUISA LANE MECHANICSBURG, PA 17050 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Affiant Request for Military Status Department of Defense Manpower Data Center 10 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-07-2011 11:30:29 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GRAHAM BRYAN B Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). & 14. jo ,*4. _ & I lot A?M_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 2/7/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:GGK2HT2EDP https://www.dmdc.osd.mil/appj/scra/popreport.do 2/7/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. Civil Action No. 10-7057 BRYAN B GRAHAM Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order nr tudgment was entered against you on R/mIll (xx) Assumpsit Judgment in the amount of $8,819.54 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR HOI? ARY (OR PUTY) BRYAN B GRAHAM 706 LOUISA LANE MECHANICSBURG, PA 17050 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7s' Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith m C- Chief Deputy 1" - ' Richard W Stewart ? . Y? C-, Solicitor OF r 'C E ? - r e -= .... tv '-. 47" Industrial Distributors Federal Credit Union Case Number vs. 2010-7057 Bryan B. Graham SHERIFF'S RETURN OF SERVICE 06/16/2011 01:37 PM - Michael Barrick, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to CAROL WALTER- CUSTOMER REP, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 20, 2011 to Bryan B. Graham at 706 Louisa Lane, Mechanicsburg, PA 17050. SO ANSWERS, June 20, 2011 RONI'TY ~ R ANDERSON, SHERIFF .ic ael Barrick, Depu !C CountySuits Srenft. Teleosoft. In,,. "I L E D r = IUi- r FJ ! i 1rts 21911 JUN 27 A14 III: 1 r :tJMBERLA 0 C'0U1 PE NSYI_ ;MI-<I,'"k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. BRYAN B GRAHAM Defendant and METRO BANK Garnishee No. 10-7057 T xsc.rc is --fo INTERROGATORIES IN ATTACHMENT METRO BANK 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#8650176 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. Civil Action No.: 10-7057 BRYAN B GRAHAM Defendant and METRO BANK Garnishee TO: METRO BANK Suggested Reference No.: XXX-XX-9838 65 Ashland Avenue Carlisle, PA 17013 RE: BRYAN B GRAHAM 706 LOUISA LANE MECHANICSBURG, PA 17050 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. A ?S w e r5 -4 o INTERROGATORIES IN ATTACHMENT I. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Defendant has account held-jointly with Melanie Graham which would be exempt funds. 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. no 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. no 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? no 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? II 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 consent and if so what was the consideration thereor no 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? no 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. See answer to ouest;nn 1 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. Acct had $9.13 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 6/16/11 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 comingied in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? No 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt finds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By. ..-?>--- William T. Molczan, quire PA I.D. 447437 WELTMAN, WE BERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8650176 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C V4 armbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434." 955 Fax: 412.434.7059 File # 8650176 Attorney for Plaintiff(s) - o a - =rn C -01 M A p-rl ? w INDUSTRIAL DISTRIBUTORS vs. BRYAN B GRAHAM and METRO BANK Garnishee(s) Cumberland County Court of Common Pleas NO. 10-7057 PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), METRO BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed :Before me the d day I July, 2011 OT Y PUB JanAUWarmbrodt, Esquire Ary for Plaintiff =MIN TM 0 PENNSYLVANIA rsn4i tal ones, Notary Public rgh, Alleghany county i et Just 30 90114 Mtmbar. Pennav an a Aaaoe etlan rrws 0-M , ?t tit _4 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff No. 10-7057 vs. BRYAN B GRAHAM Defendant(s) METRO BANK Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) e m - z ? C4 r-3 r -Orn FILED ON BEHALF OF -j co Plaintiff c) COUNSEL OF RECORD OF z.{ 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. 8650176 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. Civil Action No. 10-7057 BRYAN B GRAHAM, h0(o (zVtsct(e Defendant(s) M86anieabUr3, PA 17050 METRO BANK, 01o Nohl-. 96d, 0- arliaje PA 1?013 8' 809. 00 Garnishee(s) (v40 00 PRAECIPE FOR WRIT OF EXECUTION Q ry' ?• 5,4 TO THE PROTHONOTARY: A Kindly issue a Writ of Execution in the above matter... l . directed to the Sheriff of CUMBERLAND County: 2. against BRYAN B GRAHAM , Defendant 3. against METRO BANK... Garnishee 4. Judgment Amount $ $8,819.54 Less Payments/credits received $ $600.00 Interest $ $496.16 Costs SUBTOTAL: Costs (to be added by Prothonotary): 'S +94 PD A-tTq 37•` 0 CI3F 14.00 d4.50 " 8.00 ,#aoo. oo PO A"PIY $ $8,715.70 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molc n, Esquire PA I.D. #4743 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 &o3 r?# a?e49? WrPt-o-Q ? WWR No. 8650176 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7057 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION, Plaintiff (s) From BRYAN B. GRAHAM, 706 Louisa Lane, Mechanicsburg, PA 17050 (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: METRO BANK, 20 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 $8,219.54 L.L. Interest -- $496.16 Atty's Comm % Due Prothy $2.00 Atty Paid $200.00 Other Costs Plaintiff Paid Date: 12/27/11 David D. Buell, Prothonotary (Seal) B Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Industrial Distributors Federal Credit Union vs. Bryan B. Graham SHERIFF'S RETURN OF SERVICE 2011 JAS -6 AN 8: SO CUMBERLUfiU COUNT p( PENNSYLVANIA Case Number 2010-7057 01/04/2012 09:44 AM - Gerald Worthington, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 20 NOBLE BLVD., Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Taryn Walters - Store Manager, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 5, 2012 to Bryan B. Graham at 706 Louisa Lane, Mechanicsburg, PA 17050. SHERIFF COST: $253.39 SO ANSWERS, January 05, 2012 RbNNrY R ANDERSON, SHERIFF Gerald WorthinY on, Deputy FILED- 01-11, THE PROTHONOTARY 2012 JAN 12 PIS 12: 550 CUMBERLAND GOUNTY 1Vj',;i()yi Pf F 'A C 1!7 INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. BRYANT B GRAHAM Defendant(s) METRO BANK Garnishee(s) Civil Action No. 10-7057 Anburers 4-o INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Moiczan, 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. 8650176 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. M ETRO BANK Garnishee(-,) Civil Action No. 10-7057 TO: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 RE: BRYAN B GRAHAM, 706 LOUISA LANE, MECHANICSBURG, PA 17050 Suggested Reference No.: XXX-XX-4838 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon youu. 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. W WR No. 8650176 INTERROGATORIES IN ATTACHMENT I. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Defendant has account xxxxxx0687 held individually with a balance of $29.26. ?.,y;,1 t= wC uL. '1lud , .li i, 1. i:v,1 ;l L L' the 'terms, 'lace amount and amount you owe of cued to defendant on each of such legotiable or ocher written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. no 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'? no 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? no 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? no 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? no 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. see answer to question 1 WWR No. 8650176 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. 5 8123? If so, identify each account. 9. If the answer to Inten*ogatory 1 is in the affirmative, state the date the sheriff served these 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 Pennsylvania or federal law? 12. If the response to Interrogatory 1 I is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. P By. William T. Molcza , Esquire PA T.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8650176 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unswom falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she 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. (SIGN T U U WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8650176 INDUSTRIAL DISTRIBUTORS Federal Credit Union vs. BRYAN B GRAHAM and METRO BANK Garnishee(s) II.:O-OFrCe ' i_ TkfE PROTHONOTAR'r Attorney for f"""s' 3 AM 11: 41 CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas NO. 10-7057 PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), METRO BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Jam4 Warmbrodt, Esquire Attot4idv for Plaintiff Sworn to and subscribed Before me the d0 _ day of January, 2012 NO ARY PUBLIC a vi NotadZll S-6! i *y OS' IC,h I :p L. I`a np -k renn5'Iva'wiz, f avY&a.soRA C'kFt to3a4Y 1034 o?s3 S s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff No. 10-7057 VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) BRYAN B GRAHAM Defendant(s) METRO BANK NEW CUMBERLAND FEDERAL CREDIT UNION Garnishee(s) FILED ON BEHALF OF Plaintiff r --- cl 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 as3. 3�i It (, ( A00u „ N . m<"% aH.W(4 /ll7�l�i3� L< <. 60 ((� W WR No. 8650176 apt sb . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff VS. Civil Action No. 10-7057 BRYAN B GRAHAM Defendant(s) METRO BANK NEW CUMBERLAND FEDERAL CREDIT UNION Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against BRYAN B GRAHAM ,Defendant 3. against METRO BANK,NEW CUMBERLAND FEDERAL CREDIT UNION, , Garnishee 4. Judgment Amount $ $8,819.54 Less Payments/credits received $ $600.00 ,,.� �l ���• s� Interest $ $1,329.79 Costs $ SUBTOTAL: $ $9,549.33 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG&REIS CO., L.P.A. By: 4� w= William T. Molczan,Esquir 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. 8650176 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7057 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff(s) From BRYAN B.GRAHAM,706 LOUISA LANE,MECHANICSBURG,PA 17050 (1) 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 GARNISHEE(S)as follows: METRO BANK,20 NOBLE BLVD,CARLISLE,PA 17013 NEW CUMBERLAND FEDERAL CREDIT UNION,345 LEWISBERRY ROAD,NEW CUMBERLAND,PA 17070 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; (2) 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$8,219.54 Plaintiff Paid$ Interest$1,329.79 Attorney's Comm. % Law Library$. Attorney Paid$ t. Due Prothonotary$2.25 Other Costs 5 Date: 8/1113 David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : WILLIAM T MOLCZAN,ESQUIRE Address: WELTMAN,WEINBERG&REIS CO.,L.P.A. 1400 KOOPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2 _. Ronny R Anderson ° s- Sheriff -0 , htett y ar r�Pr rye j CD Jody S Smith ' —G _- , Chief Deputy -a Richard W Stewart Solicitor Or N:r_ P 11'X €IF W � Industrial Distributors Federal Credit Union Case Number VS. 2010-7057 Bryan B. Graham SHERIFF'S RETURN OF SERVICE 0810712013 11:25 AM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank,20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Nicole Erickson,Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Executio and made the contents there of known to her. L IAM CLINE, DEPUTY SO ANSWERS, August 08, 2013 RONN 'R ANDERSON, SHERIFF (c)CountySuite Shenff,Tetecsott,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. Civil Action No. 10-7057 BRYAN B GRAHAM Defendant(s) *06 INTERROGATORIES IN ATTACHMENT METRO BANK NEW CUMBERLAND FEDERAL CREDIT UNION `= ` Garnishee(s) 0 M FILED ON BEHALF OF: -- Plaintiff rj COUNSEL OF RECORD OF THIS PARTY: => William T. Molczan, Esquire PA I.D. #47437 WELT MAN, W CITVBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 8650176 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. Civil Action No. 10-7057 BRYAN B GRAHAM Defendant(s) METRO BANK NEW CUMBERLAND FEDERAL CREDIT UNION Garnishee(s) TO: METRO BANK,20 NOBLE BLVD, CARLISLE;PA 17013 NEW CUMBERLAND FEDERAL CREDIT UNION,345 LEWISBERRY RD,NEW CUMBERLAND, PA 17070 RE: BRYAN B GRAHAM , 706 LOUISA LANE,MECHANICSBURG, PA 17050 Suggested Reference No.: Y.XX-Y—X-9838 XXX-Xx- UVWORTANT 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. 8650176 INTERROGATORIES IN ATTACHMENT I. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason(including funds on deposit for checking or savings accounts and certificates of deposit)? No accounts 1 a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time,after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law?If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account,and the entity electronically depositing those funds on a recurring basis. W"No. 8650176 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 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 Pennsylvania or federal law? 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit iri the account. WELTMAN, WEINBERG& REIS CO., L.P.A. By: 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. 8650176 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___ _. ... Jennifer Hilbish._.___________ .__ (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she 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. SIG TURF) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson '3t s`: -nor- , Sheriff Jody S Smith Chief Deputy 7013 AUG E Q Richard W Stewart CUMBEIZLM4D COM Solicitor OFFICE OF T PE„ „NPP PEWNSYLVAMr; Industrial Distributors Federal Credit Union Case Number vs. 2010-7057 Bryan B. Graham SHERIFF'S RETURN OF SERVICE 08/12/2013 12:28 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, New Cumberland Federal Credit Union, 6692 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Briana Howsare, 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 August 13, 2013 B an B. Graham at 706 Louisa Lane, Mechanicsburg, PA 17050. WIL IAM CLINE, DEPUTY SO ANSWERS, August 13, 2013 RONNY R ANDERSON, SHERIFF {c)Ccun,,vS.uto Sheriff.Tell osoft,tnc. WELTMAN,WEINBERG &REIS CO.,L.P.A. BY: William T MoIczan,Esquire Attorney for Plainti PR' ks'rp TA I.D.No.47437 I2 436 Seventh Avenue, Suite 1400 CU fSERL Phone:r412 4A 34 79515 WS, A A(D COUN ry Fax: 412.434.7959 File# 8650176 INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Cumberland County Court of Common Pleas vs, BRYAN B GRAHAM NO. 10-7057 and METRO BANK,NEW CUMBERLAND FCU Gamishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: I Kindly marked the above matter discontinued and ended as to Garnishee(s),METRO BANK, NEW CUMBERLAND FCU,only. WELTMAN,WEINBERG&REIS CO.,L.P.A. By William T Moiczanjysquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,y R Anderson r driff , r E{_ I ,i0r` r k vol of arwrr ++r Jody S Smith Mil MAR _[t PM 2: 29 Chief Deputy �� Richard W Stewart CUMBERLAND COUNT Solicitor FFIcEoF 744.,S ERIFa PENNSYLVANIA Industrial Distributors Federal Credit Union Case Number vs. Bryan B. Graham 2010-7057 SHERIFF'S RETURN OF SERVICE 08/07/2013 11:25 AM -William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Nicole Erickson,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. 08/12/2013 12:28 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, New Cumberland Federal Credit Union, 6692 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Briana Howsare, 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 August 13, 2013 to Bryan B. Graham at 706 Louisa Lane, Mechanicsburg, PA 17050. 03/03/2014 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. SHERIFF COST: $149.75 SO ANSWERS, March 03, 2014 RONNY R ANDERSON, SHERIFF 9s-cwi ,P, j 9.1/79 "IN IRE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. BRYAN B GRAHAM tbc‘ k‚- Defendant(s) NEW CUMBERLAND FCU •IDS t..) SA- -4-'13441' ail"' lies -IL PI Vi•eUt` AMERICHOICE FCU 00 5pot Greer -1)r • t\i'eCk no S6 CENTRIC BANK V..t 90 cl6it fAt weck. Pp 0050 Garnishee(s) Civil Action No. 10-7057 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I. directed to the Sheriff of CUMBERLAND County: 2. against BRYAN B GRAHAM , Defendant 3. against NEW CUMBERLAND FCU, AMERICHOICE FCU, CENTRIC BANK, Garnishee 4. Judgment Amount $8,819.54 $3,438.00 —119 Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): aF 11 'I cs '-I $ $2,021.60 $7,403.14 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 1/?2,Pcg D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Plaintiff vs. BRYAN B GRAHAM Defendant(s) NEW CUMBERLAND FCU AMERICHOICE FCU CENTRIC BANK, Garnishee(s) No. 10-7057 PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWII. No. 8650176 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net INDUSTRIAL DISTRIBUTORS FEDERAL CREDIT UNION Vs. NO 10-7057 Civil Term CIVIL ACTION — LAW BRYAN B. GRAHAM WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against BRYAN B. GRAHAM, 109 W. MAIN STREET, APT. 5, MECHANICSBURG, PA 17055 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of NEW CUMBERLAND FCU, 1805 N. ST. RT 934, BLDG 9-121, ANNVILLE, PA 17070 AMERICHOICE FCU, 20 SPORTING GREEN DRIVE, MECHANICSBURG, PA 17050 CENTRIC BANK, 6480 CARLISLE PIKE, MECHANICSBURG, PA 17050GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $5,381.54 Interest $2,021.60 Attorney's Comm. % Attorney Paid $859.96 Date: 11/2 4 Plaintiff Paid Law Library Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary By: REQUESTING PARTY: Name : MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A 436 7TH AVENUE, SUITE 2500 PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF r THE i RO 9 HQ O iAR`c 2CIitDEC -3 AM 9:56 CUMBERLAND COUNTY PENNSYLVANIA Industrial Distributors Federal Credit Union vs. Bryan B. Graham Case Number 2010-7057 SHERIFF'S RETURN OF SERVICE 12/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $119.59 SO ANSWERS, December 02, 2014 RONNY R ANDERSON, SHERIFF " 3/g c) 7 (c) CountySuite Sheriff, Toleosoft, Inc.