The URL can be used to link to this page

Home My WebLink About11-0079 Fi'.FG-OFFlGF GF T~:'F "F~OT~p}~pTAR`f ~~~~~3~:i?~ r ~~~ ~'TY .,,:~~ coR1,~ ~}~ aisi::.t t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA A BIDDINGTON Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08857941 C A Pit CXC ~~a~ ~ ~ 14 ~f ~2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DEBRA A BIDDINGTON Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 t COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: DEBRA A BIDDINGTON 105 MARBETH AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2409 . 4. Defendant made use of said credit card and has a current balance due of $12242.72 as of November 03, 2010 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 28.9900 per annum on the unpaid balance from November 03, 2010 A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. t 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant DEBRA A BIDDINGTON ,individually in the amount of $12242.72 with interest at the rate of 28.990% per annum from November 03, 2010 plus attorneys' fees of $125.00 and costs. ames 436 S Pitts (412) FAX: 0885 EINBERG & REIS CO., L.P.A. n h Avenue, Suite 1400 PA 15219 -7955 -338-7130 C A Pit CXC This law firm is a debt collector attem~ing to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER ~ ~ lance Minimum Payment Dw Account Number ending in 2409 52,489.00 ~ Enter Amount Encbsed Bebw Payment Dus Date November 28, 2010 31 SDSN6A010006862 DEBRA BIDDINGTON 105 MARBETH AVE CARLISLE PA 17013-1626 PO BOX 6103 li~nrlluurllunllrllnl CAROL STREAM IL 60197-6103 Address, email or telephone change$ Ir~In~~unn~l~r~niur~rl~nm~i~innrllr~~nnr~~uin~~ Go ro www.Discovercom or print change in space above. 000001986458566424608000000000000000248900 Opening Date: October 4, 2010 - dosing Dale: Odobar 31, 2010 Discover Moro Card Account Summary Account number ending in 2409 Previous Balance S 12,242.72 Payments And Credih 12,242.72 Purchases + 000 Baksncs Transfers + p,00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Ba e- See IMerost Charge Cakulation section folk>Iwtng hansactions for deroikid APR information CndN Lirw 59,000.00 'Credit line Available 50.00 Cash Advance Credit line 54,600.00 Cosh Advance Credit line Available 50.00 Anniversary Month October Opening Cashback Bonus Balance S 0.00 New Ca:hback Bonus This Period + p,00 Cashb«k Bonus Balance S 0.00 To learn afore, bg N at wasw.Dhcowr.com Go paperless and make you acxolslt iMomlation mare sactus wiM paevvord- ardected statemerrta arlyyou can access. cam more at dlscovereomlpaperless. ~ w ~ Payment Information New Babne. so.oo Minimum Payment Due 52,489.00 Payment Due Date November 28, 2010 hale Payment WaminB: IF we do red receive your minimum payment by the date listed above, you may haw ro pay a ksb fee of up ro 535.00 and your purchase and balance trarnfer APRs for new harnaetions maybe increased up ro the Penahy APR of 29.99'6 variable, Manage Your Aooounf Onlnn at www.Dia~ver.axrl • Securely access afalemenfs and bee online tools, pay bills onhns and frock and view aN hansactions simply and easily • Make your money worth monk-find easy ways ro cam and redeem cash rewards • NEWT Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your aacourtf t«t,~ly ~ EXHIBIT 2. Call 1.800~DISCOVER (1.800.347-2683 Pkatase how your Discover. card avai 3. Write b us at Discover, PO Box 30943, I Sate lake City, UT 84130 For TDD (Telecommunications Deviu for the Deaq assistance, please call 1-800.347.7449, Transactions Tans. Ped oa» oat. Payments and Credih Ocr 31 Oct 31 INTERNAL CHARGE-OFF s •12 242 72 Fees TOTAL FEES FOR THIS r9LIOD S O.OD merest 1]rarged TOTAL BVIEREST FOR TtRS PERIOD Z 0.00 1U 10 Totals Yepr-to-Date TOTAL FEES CHARGED IN 2010 S 294.00 TOTAL INTEREST CHARGED iN 2010 2,450.86 ~g~ Charge Calculation Your Annual Percentage Rate (APR) is the annual irtterost rote on your account. ANNUAL irERCEMAGE BALANCE SUBJECT TO INTEREST CHARGE Cwnrrt Riling Period: 28 ~ RATE iAPR) INTEREST RATE Purdrases 28.99% SO s0 Cash Advance: 28.99% sp ~ V .Variable Rafe Additiard MportpN isferrualion Imporlonf In/omwllwr. p there is more than one page b this billing statemere, see tha bock of each page For addabnal imporwnr (nlormofion Continued on reverse side. DISCOVER Sw your CardsnMnber Aprearrs~nt. Your Cmdmem6er Agreement contains all dN Nrms of your Account Lost or tdol~n cards. Report lmmedialelyl Call l -806-347-2663. YYRtor To Do M rw Tfabtls Yw first A MhN4e f3ss Ywr SMMment d you Think IMrs is an error on your srotemeM, wriN b ua at Discover, PO Box 30421, Salt lake Ciy, UT 841300421 In yon ks1Nr, gfw us the follovving inFormahon • Account urlanlalrorc Your Home and account number • Dollar omortrrh The dollar amount of tM wspecNd error • Deuripfan d Problam• R you Think IMn is an mror on your bNl, dsxnlx who you believe is wrong and why you belNva it is a misroke You noel conrott sn vsndlirl 60 days aher d1e error appeared on r sroNmant You must noaYy m d anY pobnlial errors in wnhrx You ma cal ui but N ou do w H l i d b i h l J. y , y e era a requ re nws BoN arty poNntio errors and you may Igoe b pay the amount N gwsllon WhNa vre kswssigaN whether or ref there has been an error, Nre Following an Mae • We cannot hY b collect dN amount in quesKon, or report you os dehrlquenr on 11x1 amount • The charge in uefeon may remain on your sroNmaM, and we may CorlNnw b charge you mNnsf on the amount Bw, B we daNrmine Thal we nods a misblu, you wit not haw b pay dN amount m gwsNon or any mNrssl « other fees rolaMd ro that amount While you do rat haw b pay dN amount in question, you ors responsible for dN remainder of your balance We can apply any unpod amount against yaw credit limit Yew IEtRhM N rw An olrattL/fed ttlllM rear CradN Grd Frrehaws R you an CGssarofNd whh the goodt or services d1d you haw purchased whh your credit card, and you law hied to good Faith b correct the probkrm vvdh dN merchant, you may haw dN right not ro pay the ramdning amount des on dN purchase To u» Thu right, all d the Fdbwing mull be hw 1 The purcha» must haw bean mode rn yam home s1aN or within 100 tortes d your current marhrlg oddresa, and Ihs purcia» pike must how been more don j50 (Notes: Nehhar d These are necessary r} your purchau was based on on advereaamsnl we maNed b you , m R we own the company that old you the goods or »rwcn ) 2 You must haw u»d your eredrl card for du purchase Purcha»s mods wish cosh advances ham on ATM or with a check dot aecn»s your credo card accowe do not quolNy 3 You noel rat yN hove fuNy paid for Ile purcha» d oB d dN cr8eria above me mN and you are fhR dissatisfied weh the purcha», conrocl us rn vrrifhg d Dixowr, PO Box 30945, y 5ah lake Crly, UT 841300945 ~ While we imeslrgerN, the same rules apply b dN disputed amount as dixussed above AfNr ws Finish ow irnastigation, we wNl NN you our N decision M that paint, tl ws Think you owe an amount and you do not pay wa may report you as dalrngwlx Poymenb. Send or11y your peymeM end d1a roP porhon d the srotsmsnt in the envelope provided Oo r1d »nd cash By serdirrgg your check as dexrN»d above, you authorise us b use N1lormaNon on your cheek b make an electronic fund horlSfer hem your account of the Bnancrol InsNhebn rndkaNd on your o cheek or b preeaa Iha peymeM as a check honsacHen N payment is processed as on slechomc land hander, the transkr wIR be For d1e amwnt d dN check. When wa u» rdormahon tom your check b make an aks<honk land transhr, Funds may be wahdrawn from your account as soon as the some day we receive your payment, and you vriR rat rscerve yam cluck bock ham your linoncbf rnslituhon The prxasskg d your payment may b. delayed if you send cash, corrospondancs or other irons wish yam payment, R u send the payment b arty other oddrau m N you u» on envelope oilier Ilan dN one provided Poymsnn receMd M proper form d our procassulg (aellhy by SPM toed IkrN on any day vn11 b de d A h d d P ^~ a ers e ro yam ccount as ar T ay aymanb recwvsd m our graces Facrlrry a SPM local hnla wrN 6s crsdsted b your AecouM as d the next day R you how rntspbced your envelope, send yam prrymeM ro Diuovsr, f~x 6103, Cmol Stream, IL 60197b 103 fMeo» dbw 7.10 days For delivery rr IF your payment u returned unpaid, were»rw d1e right ro nsubmA h as an skxhorlk dsWl You con pay your minimum payment or a greaNr amount over du Nlephona, and you ears »t up oubmahc payments CoR us at 1.800.347.2683 You wiN need Ihn sNNmenl and your bank account mFormaHon You muss enwra Ihol sugicteM Muds me owlbble in your bank account, and all Iransoclions mull com l with U S b Y Nl b o k d a id IM B f S d d p y w ou w f prov e e e rs rgds your account slolsmae LP code By enMing Iho» numbers as yam ekchonic sgrlalun, you wNl be rsgreex~g b Ihrs aulhorrmtron b oFbw us and your book b deduct each pay~tl you authorise ham your bank account, and b iniKoN debit m c»dil aMrNS b yarn bank account as appbcabte b correct an error M IM rocessk ment Y of such a s I N IM d h , , p y p p ou mus s us anent eac payment or you can »Mct an onauM such os the Mnimum Payment Dw or dN Naw eabnca on each tloNnlerll You tan cancel o payment; however w• must receive r w tke a1 least duaa business days to advents d tfu uhtsdsdad payment You may mNfy us by phoned 1-000347.2683 or by mat d the address IisNd M the p r non t each morahly fNNmeM wMn yam poynunt wNl be made and how much N wrN be ~ Y usl ~ ~~ r ~ / m ~~ 6~ b an h e ~ w R ~ e r ou a o c a a os s t o^ Nd o led o n e payment may thly sbNmsM bo»d on credila a poymenq appBsd during du bNRrg cycle CtwIN RepotMrsp. We may report Inkxmatbn about your Aeeount b endh bureaus taN payments, missed payments, er ether debuhs on yen Account may be relhcNd M yam eredtl report Wa nortnaNy report the srolus and payment hisbry d ur AeeouM b crodh repot' neNs such month Nyau below dal om rayon Is rrxxcsneN m IncompksN, ~» wriN us d the blbwing address Discover, PO Box 15316, Wl~ngan, DE 198505316. flea» indkak your Home, oddreu, home Nbphone Hum and Account number Poyinp Islfeind: Wa begin b impou InNresl Charges on aN tronwcAOns from tM Transaelion DaN For dN hansoefion shown on your bNlirg slNemsnl, l un ess a hmisoction fs posted b r Account after the ebse of the bNkng psnod 1n vrlvch it occurs, ro whkh co» vw to a impo» rntareY Charges on dot konsaclion boor du Fist day d Nu bNNng period M whkh B n posted b your Aceounl We conMxu b im o» IrMeresl C s ~ th d N p un e a you pay your entire New Babrxs shown on your bdFirg slabmant by mokMg poymenh or reCervrng cradle d you prsd Ihs Naw 8abnca on yam prwbus bNNng sroNmeM P b th D D h h bdR ayment y e w aN s own on T al rlg sbNmenL we wNl ia1 impose InMresl Charges on new pureha»s, Ilal a, purchases Brss appearing on tM torrent bllhng sNNmaN, or eny prxlton d a raw pureha» paid by the Poymant Due Dale on our current 6NIi sbsement W ll Thi Ih ' d' h , y g s rn s s grace psra is red bss Than 25 days Than is no grace period on balance transfers m cash advances As more Fully deurrbed in Nu sectors d yyaom Cardmembar Agreement trded'Flow We Apply Poymanb; we generdly aPPIY payments b yaw Account bo»d an the APR appNcable b the balance d each transaction eaMgory Thu rrNmn that d you do not pay dN Nsw Babnce on IM curnM bi rng sroNmeM by dN Poymenl Dw DoN down on that bNlirg sbNment, dNn, depeldMg On dN amOUM d yoar payment and TIN APRs all other bOlanCaf, you may not gs1 a grate perod 011 new puleha»f Minimum int~rM Clwepe. We vn11 charge you a mlmmum Inrorest Charge d j 501or any bNUng period fn wMeh Interest Charges d less don j 50 would odN/Wr» ba rmpo»d Annual Fw. N your Account has on onnud he, it writ be Mllad d the beginning d each minivmwry year yaw Account a open The onlosrnl d dN fee appears on dN staMmenl when TIN fn is bNMd The onnud Fee is red raMndabb unless you rafify us Thal you wnh b cb» your Account within 30 days d the maWng or ddrrery doN d dN statement on whkh dN lee rs bMrd You will rscnw this refund even R you u» yaw Card during dot period Flow We CaFeulab tts/erret Charges -Daily 6alanev Method (including arrertf transadiom): We figure M1Nrsa Charges For each bNltrg period To do Ibis W~ cakulaN yaw klNren Charges seporotely For exh babnce sublscr b dNhm11 Nrms (for example, sandord ppurcfa»s, srondord cash OdwMef a d h h k b I h d h d l b n eac purc a mce a», rons rr an cos a vance a ance wblecr ro promosond Nrms) We nbr b dla» balances as IranraCltOn CalegmNf • Ws Fgu» dN'do8y baance' fm each transaction category To ggN d1e'darly balance' we bks dN6ap1norrg baance for each day, add new hamoelions and Foes and any bNrasl Charges accrued on the pravaus day i daNy babnu We dlan subtract any credos and payment and make other adluslmena Ik,ebdi d d t M r d i M k d' ' rlg 1o» a (us rrN S requ e m t sect on tit Poyrng heersst e ) In cakulolrng dN doNy bobncs for tM first day d dN 6NRr1g period, rw Consider d1e 'previous day i daffy faksnce' b haw beers yam baksnce on tM last day d your prwious bNbrlg period This gives us dN doNy balance for each hansachon category Ws Bgme dN Inbrosl Charges on your Account by muhiplyrng the doily boksncs For each Innsachan category by ih daily pariodk raN, For exh day rn the brlhng perod The total imerest Charges For the biAing period are the sum of the doNy Irlbresl Charges for each trap»chon category for each day during Ihd bNlrng psrrod When we cokuksN da'Fy belancaf, wa odd a new Iransochon os of the Tronsochon DaN shown on your 611Ma slatemaw, unless dN transaction is posted b yyaoww Account aF1er dN e d dN Ming psrrod in vrhrch a occurs, in which ca» d1s transaction wn ba added b d1e daly balance as d dN BrN day of dN MTk d h ng perio Fn w kh if rs paMd b your ActouM AN bss elargad b your Account me added b du sronrkrd pweha» honsaction category web tM exeaphon d Cash Advance fen whkh ors added b dN oppReable cash advance hansachon category and Babnn Transfer Fees which on added a the applicable balance hander bars»cHon caNgory Fog FN: 2X d the U S. ddbr amount d each purcha» made in o foreign currency ~ Pon P a h bore you fail ro make a payment when due, we may, in accordance wnh applicabb ksw, li) tsrminore tM ovdbbNiy d arty lnhoduclory/pomotiond APRs on new aansoctions, and (rQ increa» your APRs For new honsactans b varNble fMahy APRs whkh veil be daNrmirNd by adding up b an itanal S parcenroge points b dN OdNrwl» opplica6le AfMt Your Pettily APR is deNrmkud bored CM your crediMrorthiness and odor factors wch as yaw current APRs, aril your account hisbry IF your APRs for Haw Iron»clions ors increased For o ksN payment, dN Penoly APRs wNl apply tlldeBndely For TDD (Tdecommunirotions Devrce for IM Deaf) oaiaronee, pleoee call 1.600.347.7449. Diuowr may monies amt/or record NbphorN rolls bahvaan you and Discover repre»nbtrves For quaky assuroncs purpo»s. TM Discoverm cord is issued by Diuov« Bank, Member FDIC O1TBK 172 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczy~tiel (Name) Legal Placement Account Mana er of DFS Services LLC, servicing went for Discover (Title) (Company) Bank ,plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. WWR# 8857941 Debra A. Biddington 6011002449282409 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor THO PRO, -I 12 AM 9- IJi COUt PE NSY1 ?1y" 9 . Discover Bank vs. Debra A. Biddington Case Number 2011-79 SHERIFF'S RETURN OF SERVICE 01/06/2011 08:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 6, 2011 at 2005 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debra A. Biddington, by making known unto herself personally, at 105 Marbeth Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM , DEPUTY SHERIFF COST: $33.40 January 07, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, RONW R ANDERSON, SHERIFF r F II, ED-OFFICE IN THE COURT OF COMMO;?Tr'WCTNON0TAR CUMBERLAND COUNTY, PENNSYLVANIA -? 1 40 CIVIL DIVISION (I I MAR, DISCOVER BANK CUMBERLAND COUNTY Plaintiff PENNSYLVANIA vs. Civil Action No. 2011-79 CIVIL TERM DEBRA A BIDDINGTON PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment a inst the Defendant DEBRA A BIDDINGTON above named, in the default of an swer, in the amount of $13395.24 computed as follows: Amount claimed in Complaint $12242.72 Less payments / adjustme4ts made $0.00 Interest on the remainin4 principal balance of $12242.72 from Novembe 03, 2010 to February 17, 2011 @ the interest rate of 28.990% per annum $1027.52 Attorney's fees TOTAL $125.00 $13395.24 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W r ro t,4 08857941 A Pit DFO I Plaintiff's address is: c/o WELTMAN, WEINBERG & REISICO., L.P.A., 436 Seventh Avenue, Suite 14b0 Pittsburg A 15219 And that the last known address of the Dvendant is DEBRA A BIDDINGTON 105 MARBETH AVE CARLISLE, PA 17013 to *fd LZ ??. ??sa 88 tk\_, v kanAP-A V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA A BIDDINGTON Defendant TO: DEBRA A BIDDINGTON 105 MARBETH AVE CARLISLE, PA 17013 Date of Notice: Case No. 2011-79 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE OU 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 EN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ANDY U 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. iRLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & 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 8857941 A PIT H4N OURT OF COMMON PLEAS COUNTY, PENNSYLVANIA IVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA A BIDDINGTON Civil Action No. 2011-79 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned is the matt 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 Service embers' 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 , DEBRA A BIDDINGTON is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense' Manpower Data Center (DMDC), which states that the DMDC does not possess a information indicating that the below individual is in the military service: DEBRA A BIDDINGTON 105 MARBETH AVE CARLISLE, PA 17013 Affiant further states t at the averments contained herein are true and correct to the best of Affia is knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn fal ification to authorities. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-17-2011 09:28:56 < Last Name First/Middle Beg n Date Active Duty Status Active Duty End Date Service Agency BIDDINGTON DEBRA A Base on the information you have furnished, the DMDC does not posse s 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). y6t lot-14,141, 4?4?N_ 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 r military medical care and other eligibility systems. The DoD strongly supports the enfoi 501 et seq, as amended) (SCRA) (& DMDC has issued hundreds of thou: individual is currently on active duty individual referenced above, or any i the individual is on active duty, or is encouraged to obtain further verifica "defenselink.mil" URL http://www.c person is on active duty and you fail the SCRA may be invoked against y, If you obtain additional information middle name), you can submit your for that query. -ement of the Service Members Civil Relief Act (50 USC App. §§ merly known as the Soldiers' and Sailors' Civil Relief Act of 1940). Inds of "does not possess any information indicating that the ' responses, and has experienced a small error rate. In the event the unily member, friend, or representative asserts in any manner that otherwise entitled to the protections of the SCRA, you are strongly ion of the person's status by contacting that person's Service via the -fenselink.mil/fM/i)is/PC09SLDR.html. If you have evidence the o obtain this additional Service verification, punitive provisions of u. See 50 USC App. §521(c). t the person (e.g., an SSN, improved accuracy of DOB, a st again at this Web site and we will provide a new certificate 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 2/17/2011 Request for Military Status 1 More information on "Active Duty Active duty status as reported in thi; period of more than 30 consecutive service under a call to active service of more than 30 consecutive days ur emergency declared by the Presiden members must be assigned against a includes Navy TARS, Marine Corps Uniformed Service member who is Service or the National Oceanic and period of more than 30 consecutive i Coverage Under the SCRA is Broa Coverage under the SCRA is broads duty for purposes of the SCRA who Page 2 of 2 certificate is defined in accordance with 10 USC § 101(d)(1) for a ays. In the case of a member of the National Guard, includes authorized by the President or the Secretary of Defense for a period ier 32 USC § 502(f) for purposes of responding to a national and supported by Federal funds. All Active Guard Reserve (AGR) i authorized mobilization position in the unit they support. This ARs and Coast Guard RPAs. Active Duty status also applies to a n active duty commissioned officer of the U.S. Public Health Atmospheric Administration (NOAA Commissioned Corps) for a in Some Cases in some cases and includes some categories of persons on active could not be reported as on Active Duty under this certificate. Many times orders are amended to a tend the period of active duty, which would extend SCRA protections. Persons seeking to rely o n this website certification should check to make sure the orders on which SCRA protections are based h ave 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 D uty 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 unde the SCRA are protected. WARNING: This certificate was pro ided 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:L4SBS4DPFO https://www.dmdc.osd.mi1/appj/scra/ opreport.do i 2/17/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2011-79 CIVIL TERM DEBRA A BIDDINGTON `-' C) -i Defendant z? = -corn c„r- Do MEMBERS I ST FCU --+cD -n 0 o- n o Garnishee =CD yz ca .. C) > r-j PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, MEMBERS 1 ST FCU , in the amount of $1,912.66, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. 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#8857941 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 5000 Louise Drive, Mechanicsburg, PA 17055 Q Ck #- ?14 8 00 pd a I X01 LS W04te (Vt0?1ed. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2011-79 CIVIL TERM DEBRA A BIDDINGTON Defendant MEMBERS 1 ST FCU Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on Q-17-0 (xx) Assumpsit Judgment in the amount of $1,912.66 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHONO 7A JTAAO Members Ist Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 MAY-24-2011 TUE 09;56 AM MEMBERS 1ST MEMBER SVCS FAX NO, 7177956005 P. 05 MAY-23-2011 MON 03,10 PM M118T NORTH MIDDLETON FAX No. 7172585506 P. 005 YN DM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA A. DIDDINGTON Defendant(s) MEMBERS I ST FCU CITI1';>?1? BANK SOVER17FC1I, SA :... „ .. , Garnishee(s) Civil Action No. 2011-79 CIVIL TERM INTERROG,A.TORM IN ATPACI mra FILED ON BEHALF OCR: Plaintiff COUNS.P.L. OF RECORD OF THIS PARTY: Matthew V. Urban, Esquire PA I.D. #90963 WELTMAN, WEMERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR 140, 8857941 1 MAY-24-2011 TUE 09:56 AM MEMBERS 1ST MEMBER SVCS MAY-23-2011 ICON 03;10 PM MIST NORTH MIDDLETON FAX NO. 7177956005 Fax No. 7172585506 IN THE COURT OF COMMON PLEAS CUMHl3RLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff va. DEBRA A BIDDINGTON Defendant(s) MEMBERS 1STFCU CITIZENS BANK SOVERSION BANK Garnishea(s) Civil Aotion No. 2011-79 CIVIL TERM P. 06 P. 008 TO: MEMBERS I ST I:CU, 1711 SPRING RD. CARLISI F, PA 17013 CITIZENS BANK, 665 NORTH BAST ST, CARLISLE, PA 17013 SOVEREIGN BANK 17 W NIGH STCARLiSLS. PA 17013 R8: I)E A A BID Q A TH AV> , CARLIS'tV 17019" , Suggested Reference No.: XXX-XX-5709 XXX xx_ l"ORTANT NOnCLS TO GARNISHEE! A. You are required to file answers to thu following interrogatories within twenty (20) days after service upon you, Failure to do so may result in Judgment api"st you. B. Herein, the word "defendant" means any one ar 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 Dafevdant subject to attachment which is then In the hands of the garnishee, It assn attaches -all property of the defendant which comas into the Garnishee's possession , until Judgment Is entered against the Garnishee. For example. the resultant liability of a Garnishee-,Bank would not ba mewurM by the balance in the debtor's account, either at the time of service of the Writ or at tine time of Judgment apirat the Garnishee, but rather by the amounts deposited and withdrawn durinS the Intervening period. W WA ND. 8857941 MAY-24-2011 TUE 09:56 AM MEMBERS 1ST MEMBER SVCS FAX NO. 7177956005 P. 07 MAY-22-2011 MON 03:10 PM MIST NORTH WDD LETON FAX No. 7172585606 P.007 MTKIMOCATpR>r S 1K ArrA,CMKWT I . At the time you were served or at My subseequent time did you owe the defendant any money or wem you liable to him on any negotiable or other written lnstrument, or did he claim that you-owed him any'inoney or we rs liable to him for any reason (including funds on deposit for checking orsavings aoCOgnt9 and owlificates of deposit)? la If the an$Wer W interrogatory 1 is in the afflrmative, state the foilowing: the amount of money YOU owe or owed to defendant, and, if such money Is in the form of a fund, the,ptesent location thereof; the terms, fxoe amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of suoh in4rumonta; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. Y1 1 At the time you were served or at any subsequent lima was them in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant v16 r. "3. A"t'the time you-*4 re served br1fwiy" 3tibdtqubht tintem -you hold legai-title ter 3uiy ptopery*Xw any nature owned solely or part by the defendant or in which defendant (rhold or claimed any interest? () V 4. At the time you were serv$l or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time befora 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 apy person or place pursuant to his diroation 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 firom 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 ofIbnds in each account, and the entity electronically depositing those funds on a recurring basis. }? jy WWR No. 8857941 MAY-24-2011 TUE 09:56 AM MEMBERS 1ST MEMBER SVCS FAX NO, 7177956005 P. 08 WY-22-2011 MON 03:11 PM MIST NORTH MIDDLETON FAX No. 1172585506 P.006 8. If you are a bank or other financial institution, at the time you wem 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 fiords, did not excaed tha amount of the general monetary exemption under 42 Pa.C.S. 81237 If so, Identify each account, 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheritfserved these interrogatories on this institution. n ??-- 10. If the answer to Interrogatory 1 is in the affiirmit ive, state the dates the written instrument, checking or savings account, eeMflcate 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, era 21hg funds comingled in the account which are not deposited electronically on is recurring b4sis 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, stats the amount of non-exempt funds on deposit in the account, WELTMAN, WEINBERG do REIS CO., L.F.A. By: . 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 W WR No. 8857941 MAY-24-2011 TUE 09;56 AM MEMBERS 1ST MEMBER SVCS FAX NO. 7177956005 May 23, 2011 Debra A. Biddington 105 Marbeth Ave Carlisle, PA 17013-1626 Account Nu ber• XXX017 Name on Account: Savings: A MBOFRS I" NKDER"CRW r L"0N Debra A. Biddington $815.74 -5.00 (Membership Fee) $810.74 -50.00 (Processing Fee) $760,74 Checking: $455.69 Payroll: Carlisle Syntee - James Biddington Account Number: X 9 Name on Account: Savings; Checking: Acount Number: XXX519 Name on Account: Savings: Debra A. Biddington $5.00 -5.00 (Membership Fee) $0.00 $917.76 James J. Biddington Debra A. Biddington (Joint) $162.56 -5.00 (Membership Fee) $157.56 Checking: $46.43 WRIT IS ALREADY QN ACCOUNT XXX519 for James J. Biddington - No Funds P. 09 Account Number:XXX412 Name on Account: Drake U. Biddington Debra A. Biddington (Joint) Savings: $83,47 -5.00 (Membership Fee) $78.47 S300100 Statutory Exemption was not taken out. Tania S. Y'oun Deposit Operations aaly-st 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvaayia 17055 • (800) 283-2328 6 WWW.Members1st.org • MAY-24-2011 TUE 09:56 AM MEMBERS 1ST MEMBER SVCS FAX NO. 7177956005 P. 10 VEPU[MCATION 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 Analyst of Members 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. Julu- J - LId., (SI'CNA 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 # 8857941 Attorney for Plaintiff(s) DISCOVER BANK vs. DEBRA A BIDDINGTON and MEMBERS 1 ST Garnishee(s) Cumberland County Court of Common Pleas NO. 2011-79 CIVIL TERM PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), MEMBERS 1 ST, only. c M 0 r- : C ..? , i-x )CC --+n o n ? - t _ x- C:) rl U1 WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and b ibed Befo me th2day of June, 2011 NOTAR LIC Wendy L. Gault, Notary Public City of Pittsburgh, Allegheny County 4v Commission Expires Jury 15, 2014 QhN'? a??? ?so James ? t armbrodt, Esquire X Attorne r Plaintiff WELTMAN, WEINBERG & REIS CO., L.P.A BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) c `- I.D. No.42524 436 Seventh Avenue, Suite 1400 rna° C- - Pittsburgh, PA 15219 r- -o Phone: 412.434.7955 ? Fax: 412.434.7959 r -tc File # 8857941 p,° ri co -- o DISCOVER BANK , Cumberland County Court of Common Pleas VS. DEBRA A BIDDINGTON and NO. 2011-79 CIVIL TERM SOVEREIGN BANK, CITIZENS BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), SOVEREIGN BANK, CITI7F_,NS BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By C Warmbrodt, Esquire ev for Plaintiff Sworn to and subs Fr ed Before me the ; day of June, 2011 NO ARY PL i LI COMMONWEALTH OF PENNSYLVANIA Notarial =Se L. Gault, []!Wj1'ndy m Ion h, ArMem. nniwanir Asodation of Notaries cyl ?.w Peial? ?Le IUys WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-79 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From DEBRA A. BIDDINGTON, 105 Marbeth Avenue, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FCU, 1711 Spring Road, 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 $11,482.58 Interest -- $790.90 Atty's Comm % Atty Paid $614.44 Plaintiff Paid Date: 4/9/12 (Seal) L.L. Due Prothy $2.25 Other Costs .2 ? Q David D. Buell, Prothonotary 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 2011-79 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) DEBRA A BIDDINGTON Defendant(s) MEMBERS I ST FCU Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8857941 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2011-79 CIVIL TERM DEBRA A BIDDINGTON , 10!5 NI r'bA &e, Oa llsje -PA 17013 Defendant(s) MEMBERS 1 ST FCU , 1711 Spri hg Rd, (Irl(sle iA (7013 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 DEBRA A BIDDINGTON , Defendant 3. against MEMBERS I ST FCU,, , Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): (2) 0 .00 PI) A774 33.40 CSF IQ5, too 9a. 00 1'1.00 a'1.50 i4-00 8.00 $ . 00 w (alq.gq - Po A`n sa.as ow O C? IU14SU5'1 ??a?aU97 ri+ $ $13,395.24 $ $1,912.66 $ $790.90 $12,273.48 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 13 3q5. ay - ?q1a. cue ?l ga,s8 WWR No. 8857941 rte.:) ..i r`_,1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy L_ t k?? Richard W Stewart Solicitor F€ . ` T-( 1;f xr 0Ut Discover Bank vs. Debra A. Biddington Case Number 2011-79 SHERIFF'S RETURN OF SERVICE 04/13/2012 09:55 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Debra A. Biddington, 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 Merlinda Wilkins, Member Services 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 April 17, 2012 to Debra A. Biddington at 105 Marbeth Avenue, Carlisle, PA 17013. SO ANSWERS, f April 16, 2012 RON R ANDERSON, SHERIFF -7 illiam Cline, Deputy COun',,Suite henff. leleos tt. 1!...C. ,_`}f k. t i .. t d 1 ?,. °..+ ,.. d. J °".i?LA.ND CCU"IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Ws. DEBRA A BIDDINGTON Defendant MEMBERS I ST FCU Garnishee No. 2011-79 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D.490963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#08857941 Crik1 534 Ito Cfi- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DEBRA A BIDDINGTON Defendant MEMBERS 1 ST' FCU Garnishee Civil Action No. 2011-79 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, MEMBERS 1 ST FCU , in the amount of $57.69, which is less than Defendant awes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#08857941 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 1711 SPRING RD, CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOV> R BANK Plaintiff vs. DEBRA A IDDINGTON Defendant(s) MEMBERS 1 ST 1~CIJ (301shee(s) Civil Action No. 2011-79 CIVIL TERM TO: HM1 fBERS 1 ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE. DE0A A BIDDiNaTON, 105 MAR$L'Tfi AVE, CARLISLE, PA 17013 Suggested Reference No.; XXX-XX-5709 XXX-Xx- XWORTANT NOTICES TO GARNISHEE! A. You are required to We answers to the following interrogatories within twenty (20) days agar service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "deffendent" 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 ich is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the G 'shoe's possession er, 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 servi a of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdraw during the intervening period. W WR No. 8857941 MZRROOATORYJCS )N 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)? (?F C Ia. If the answer to Interrogatory 1 is in the affirmative, state the following; the amount of money y u owe or owed to defendant. and, if such money is in the form of a fund, the present location thereof; the terns, f amount and amount you owe or owed to defendant on each of such negotiable or other written instruments d the present location of each of such instruments; the amount or amounts that defendant claims or claimed that ou owe or owed to him; and the nature and amount of each of such liabilities. ? - ?n 5cw?n9 5 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. n c) 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 dei ndant had an interest? nD 5. At any time before or after you were served, did the defendant transfbr 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? n u 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? nv 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 bas' and which are identified as being funds that upon deposit are exempt from execution, levy or attachment der Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those'funds on a recurring basis, n C) WWR No. 8857941 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 aoeount in which the funds on deposit, not inoluding any otherwise exempt foods, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 81237 If so, Identify each aeoount. N^:) 9. if the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution, q 16 ?, 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. 0?? 4 1 ??. I v?? )?W-U dV( f;D -501 "*? ceoK)?C"? 11, If the response to Interrogatory 7 Is in the affirmative, are gibn funds odmingled in the account which are not deposited electronically on a recurring basis and which are idwdified as being funds that upon deposit are exempt ftm execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory I I is in the affirmative, state the amount of non-exempt funds on deposit in tbd account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: G? /^' William T, Molcz 4 Esqu* PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8857941 r VFR?IPxCAATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is n 6no- Fvnctor (Name) of Starnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogator ies are true and correct to the best of his/her knowledge, information and belief. N-' far . ?7 ?- h (SI4NAT 4Tur WWK No. 8857941 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff hrs. Civil Action No. 201 1-79 CIVIL TERM DEBRA A BIDIANGTON Defendant MEMBERS 1 ST FCU Garnishee Prothonotary By: PROTHONOTARY (OR DEPUTY) Members I st Fcu'. 1711 Spring Rd Carlisle, Pa 17013 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $57.69 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8857941 DISCOVER BANK vs. DEBRA A BIDDINGTON, and MEMBERS 1 ST FCU Garnishee(s) Attorney for Plaintiff(s) - y= "a =1 rn r- c-- CUMBERLAND County Court of Common Pleas NO. 2011-79 CIVIL TERM PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter satisfied as to Garnishee(s), MEMBERS 1 ST FCU, , only. WELTMAN, WEINBERG & REIS CO., L.P.A. B Y i liam T. olczan squire Attorney for Plain .*QZ0 pa ATr4 of 10S531a5' 2,#'x771 oy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~ R Anderson ~4,~,ac~' ~r ~~t~n~rr~~~0 i~l~ THE PRE_ITN~tiTAF~Y ody S Smith Chief Deputy ~ :~ ,;, r ,, 2Q 11 N0~' -9 PM 3~ 13 Richard W Stewart Solicitor cF~acE;,.w..,~;..~R~rF CUh~~B~RLAN~ ClJ~JN~' ~', PENHSYLVANtA Discover Bank Case Number vs. 2011-79 Debra A. Biddington SHERIFF'S RETURN OF SERVICE 04/13/2012 09:55 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Debra A. Biddington, 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 Merlinda Wilkins, Member Services 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 April 17, 2012 to Debra A. Biddington at 105 Marbeth Avenue, Carlisle, PA 17013. 11/09/2012 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: $87.41 SO ANSWERS, M ~~ November 09, 2012 RON R ANDERSON, SHERIFF oZ • 0'2,~ ~ppt/ , ~4 , ic) Ceun;ySuite Sherff, Teleosoft, Inc.