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HomeMy WebLinkAbout11-0370Our File No.: 287809 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, P-squire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, VS. SANDY J NASTELLI 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576 Defendant. FILED-OFFICE OF THE PROTHONOTARY 2011 JkN 0 14 CUMB-L COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ?,0 l t_ T m (' v i( Term NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 so to T-,D a*? a-t* Wr ??#asxtpo Our File No.: 287809 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, VS. SANDY J NASTELLI 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT' FIRST COUNT 1. Plaintiff is DISCOVER BANK, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are SANDY J NASTELLI, an adult individual residing at 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account # ending in 1316. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $8,936.53. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $8,936.53 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES. P.C. Attorney for A Law Firm Engaged BY: Dated: 1/7/2011 David J. Abothal*!Esuuire Our File No.: 287809 VERIFICATION David J. Apothaker, Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. W relating to unworn falsification to authorities. David J. A`pMaker, Esquire Attorney for Plaintiff DATE: 1/7/2011 DISCOVER BANK SANDY J NASTELLI 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576 STATEMENT OF ACCOUNT' Debtor's Name: SANDY J NASTELLI Account Number: ending in 1316 Balance Due: $8,936.53 Our File No.: 287809 EXHIBIT "A" jur file No.: 287809 3 Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. SANDY J NASTELLI Defendant FILED-OFF!(... 1,. U THE P?0T1 2011 JUN o ? { PPS 2: 3S M cA o CUMBERLAND COUN i ::? c G PENNSMAIN'IA ? COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 2011-370-CIVILTERM Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on May 18, 2011, STIPULATED by and between DISCOVER BANK ("Plaintiff') and SANDY J NASTELLI ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $8,936.53, plus court costs in the amount of $13.80, for a total of $9,067.33. 2. Defendant agrees to pay to Plaintiff the sum of $8,936.53, plus court costs in the amount of $130.80, for a total of $9,067.33; which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $650.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $100.00 to be paid on or before May 27, 2011; b.$250.00 to be paid on or before the 10th day of each month, beginning June 10, 2011 until paid in full. 5. All checks shall be made payable to "DISCOVER BANK", and sent to the office of Plaintiff s attorney, Apothaker & Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 1 r In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. By: i Cavallaro, Esquire tto ID# 307949 Apothaker & Associates, P.C. Attorneys for Plaintiff By: SANDY J ASTELLI Defendant 2 Our File No.: 2$7809 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK vs. Plaintiff SANDY J NASTELLI Defendant L n11' i t P 1 2 U JBERLANO COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2011-370-CIVILTERM Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, DISCOVER BANK, and against Defendant, SANDY J NASTELLI, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on June 13, 2011, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of. Balance: Less: Payments: Plus: Interest from June 13, 2011 TOTAL Dated: August 4, 2011 David J. Apothaker, Esq. Attorney for Plaintiff $ 9,067.33 ( 650.00) .00 $ 8,417.33 ayww s4q.oopd aH? e*al - P?g 0-k)- ff\ou*A Our File No.: 297809 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. SANDY J NASTELLI NO.: 2011-370-CIVILTERM Defendant David J. Apothaker, Esquire, certifies as follows: Civil Action 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on June 13, 2011, a copy of the Stipulation is attached hereto and marked as Exhibit "A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of Judgment in the amount of $9,067.33, giving the Defendant credit for payments made totaling $650.00, for a total of $8,417.33. I 'verify that the statements made in this Certification are that false statements herein are made subject to the penalties of 18 unswom falsification to authorities. David J. Apothaker,) Attorney for Plaintiff and correct. I understand C.S.A. §4904, relating to Dated: August 4, 2011 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: SANDY J NASTELLI 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576 DISCOVER BANK Plaintiff VS. SANDY J NASTELLI Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2011-370-CIVILTERM Civil Action NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT ? JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN ? JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esc F at this telephone number: 215-634-8920 Our File No.: 287809 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK Plaintiff vs. SANDY J NASTELLI Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576. We inquired with the web site of the Defe Wilson Boulevard, Suite 400, Arlington, VA 22 branch of the military. i Mary M. Snavely-Dixon, Director of the our inquiry indicated that the Defendant(s) is/are fanpower Data Center, located at 1600 593, if the Defendant(s) is/are in any Ise Manp er Data Center has sent back the mi ' arv. David J. Apothaker, Esq. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2011-370-CIVILTERM I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904. relating to unsworn falsification to authorities. D itracat cf Dettmr Nlw2p w i Data Center Aug '11-:111 0S 0 3ijbtar; Status Report Parman t to else Senice.Members Coil Reiief Ate 'vASTEL LJ SA\DF J Based on it iaExwociod yaa haft fwnWwd, dv NDC'idhas tid'posrefs aag lean t6 m aec6ce4aj the iodisidttgl sttwrs. Upon sewd og tdw itfomaabw data banks of he DgNwmresrt of Detease Manpots er Data Center, based on the itfcxmat on dw }tea prosided, the above is the cmem status of the mditAual as to al branches of die t%atmmd Senictx (Antsy: '.gas :Marine Cogs, Air Fume, NOAA, Phil: Heakkl and Coast Guard). %A A ldwy m- smr*A wxk Uff"C us Ove"w d+r • - bl Oft Canter 160 wb"U4, Sr w*0 AAMO* . VA 2=9-25" The Aafeaw DrR GMW OM)C) a an oeyao¢ MM Of the Aepwvaad of Ddawe *d rani MM 6W Dafassr BocaMlI I I p 0 t$r m (DEERS) dtaratsave v%cb is the acrid som a of data an 'Mi -) fix miry mts3ral rare - tsrter" -Ymei . The DOD a#v* xppgm thta rp,igrpowicat of the Semce %Icmbcra Cbd RrtfidAca (50 U&C App. ¢§ 501 a sari as mmded) (SMA) @w"iiv4 itrwtra sa I* SA rse and $aim' Cirsi Refid Act at 1940) t7rnlbC tim i d Uwkrdc cf &N an h of 'does got ponew my ifurapeioa iadealog chm the vAi"Iaal is tutrmly oa acw v dtry' respossm and has cW"waced a u" coot rate. lfo tits leak iltr idektiati ttttli?ae xd ab otie, ar amq fiw* metabe r, irierd orttpretnt4aste asFem in atry rt>a®er that the int? it,04 t*e dotty, erk is Oaltmvise enNed do der pWtmiom of feet SGRA. 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Mmrt C'utp ARt ind Coast Cnlard RPAs A,-u% e thin. artu, also :tl?`lir, to A I t?{ mod S nice n:ea lbo '+hQ is ;oi a, rr. e :iW :: Grtitra tuned e,i}t-..-Y 4else t- Rublx 14catth11rr•?r:r or cr, \m-A t r: _ma and.Atzno;pljnie .y c±^;taash ata:•n,.'tiO AA C uumnissioncd Carps fi3r a pcriod of moot than 'C? cw -- uti. c -L Coverage L'mder tke SCR4 is Brnader in Some Cases Cm-crap tmda the SCRA is broader in some cases and iochrdes some categories ofpasom on actae dmv far purposes of the SCRA uito would not be ttpotted as on Acts e Duty under etas crttiticatc. Many limes o"Im use amrmdad to c owd the period of wm-e durv, cinch would std SCRA protecticm Pawn seeioeg to rely on leas arcbsi a ce rb6ufim Aottld check to make sure the orders on which SCRA. prottxtiuns are based hair not been amended to extend the rrrAtsrvY dates of service Fmstltrm we, sours prottcw&5 of the SCRA matt extend to Pet iom who hoer rccm td orders to report for actme dut)- m tc be it ducteri but .vho hi-,,t tat actuagv begun actit•-c dut-- m actu *,- rcp fed for induction_ The Last Date on Active Duce emtn is impottam because a, numbct of protecums of SCRA extend bctiond the iast dates 4 :3 the titer; These who -.5 utfd rely on dis cert6cate are Caged to seek qualified le al counsel to ermire that A rights guaranteed to Srnu e ,-o kr t4tl-SG-? 1 are j,n•'-rttd tus certificate as s,r?,dtd based Lm a tonic and S5\ pro idcd by the requester Pre;Amp an manwus name cv S SN esA cause an moneous certificate to be prv+iddeed, Fepf4t ID ?FSRRRGJ-6K IX i rCJ p ^E r v '3 Our file No.: 287809' 13 c3 ",t sApothaker & Associates P.C.)iN N 2` 520 Fellowship Road 0306 'll/ Mount Laurel, NJ 08054 UMB Rt NC C° (800)672-0215PMSYLi?F?ll Attorneys for Plaintiff COURT OF COMMON PLEAS DISCOVER BANK ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: 2411-370-CIVILTERM vs. SANDY J NASTELLI ) Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. } The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on May 18, 2011, STIPULATED by and between DISCOVER BANK ("Plaintiff") and SAND'' J NASTELLI ("Defendant"), as follows: 1 Plaintiff filed suit in the above captioned matter seeking damages in the amount of $8,936.53, plus court costs in the amount of $13.80, for a total of $9,067.33. 2. Defendant agrees to pay to Plaintiff the sum of $8,936.53, plus court costs in the amount of $130.80, for a total of $9,067.33; which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $650.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $ l: 00.00 to be paid on or before May 27, 2011; b. $250.00 to be paid on or before the 10`n day of each month, beginning June 10, 2011 until paid in. full. 5. All checks shall be made payable to "DISCOVER BANK", and sent to the office of Plaintiff's attorney, Apothaker & Associates. P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road ('306 Mount .Laurel, NJ 08054 In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then. Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. By: rf il'?Mao ava.llaro, Esquire ID# 307949 Apothaker & Associates, P.C. Attorneys for Plaintiff By: 6VU& klv-? SANDY J ASTELLI. Defendant WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-370 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From SANDY J. NASTELLI, 400 MOUNT ROCK ROAD, NEWVILLE, PA 17241-9576 (] )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 FIRST FCU, 1 CARLISLE BARRACKS #842, 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 $7,217.33 L. L. $.50 Interest FROM AUGUST 11, 2011 - $430.16 Atty's Comm % Atty Paid $176.30 Plaintiff Paid Due Prothy $2.25 Other Costs$193.00 Date: 7/17/12 David D. Buell, Prothonotary (Seal) REQUESTING PARTY: Deputy Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD C306 MOUNT LAUREL, NJ 08054 Attorney for: Plaintiff Telephone: 800-672-0215 Supreme Court ID No. 38423 Our File No.: 287809 NO.: 2011-370 IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUMY JUL 17 PM I 1: 3 COMMONWEALTH OF PENNSYLVANIA DISCOVER BANK vs. SANDY J NASTELLI 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576 ??`lt?:Ci-QFFI c: ?IE PROTHO TARY CUMtERlANO PENNSYLV PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND County, PA; (2) against SANDY J NASTELLI, Defendant(s) (3) and against MEMBERS FIRST FCU 1 CARLISLE BARRACKS # 842 CARLISLE, PA 17013, (4) and enter this writ in the judgment index (a) against (b) against Defendant(s) and Defendant(s) and as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s). Specifically describe 1 per attached property description: (5) Amount Due Interest from August 11, 2011 (Costs to be added) Payments Dated: I( (t I ( V 4% n CO?A c ct 9. 4. C)o CP. X11 30 P a $8417.33 $430.16 $193.00 $1200.00 --vp a . 99 :1,9.95bue C6 & .. S6LL 0 k.4 & aqC)s David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Supreme Court ID No.: 38423. 4 6jC .(s) Y of Our File No.: 287809 ° JU1? 23 Pty t : 49 DISCOVER BANK L Z RSA D C©uNT`( C?? ?, EN?S? V ANI A COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY VS. SANDY J NASTELLI 400 MOUNT ROCK RD NEWVIL,LE, PA 17241-9576 XXX-XX-7072 Defendant MEMBERS FIRST FCU Garnishee NO.: 2011-370 Civil Action INTERROGATORIES TO GARNISHEE TO: MEMBERS FIRST FCU, Garnishee: JUL You are required to file answers to the following Interrogatories within twenty (20) days after service to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or we defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed de money or were liable to defendant(s) for any reason? ?\O 2. At the time you were served or at any subsequent time was there in your possession, custody, control possession, custody or control of yourself and one or more persons any property of any nature owned s by the defendant(s)? ?Jo 3. At the time you were served or any subsequent time did you hold legal title to any property of any natu or in part by the defendant(s) or in which the defendant held or claimed any interest? Q0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property defendant(s) had any interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to person or place pursuant to your direction or consent and what was the consideration thereof? Q -,?) 02012 you. Failure you liable to ndant(s) any in the joint y or in part owed solely which the or to any 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defend nt(s) against you? . \ O 7. If you are a bank or other financial institution, at the time you were served or any subsequent ime did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attac ent under Pennsylvania or Federal law? If so, identify each account and state the reason for the exemption arid the entity electronically depositing those funds on a recurring basis. n 1-0 8. If you are a bank or other financial institution, at the time you were served or at any subseq defendant(s) have funds on deposit in an account in which the funds on deposit, not including any funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify e cc' j-- Y ? cam, --4 VCD 9. How much is the value of any property in your possession belonging to the defendant(s)? 0 ) r:&-j'y0 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: q (('l ('L JUL David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff t time did the erwise exempt account. 02012 Our File No.: 287809 DISCOVER BANK Plaintiff vs. SANDY J NASTELLI 400 MOUNT ROCK RD NEWVILLE, PA 17241-9576 XXX-XX-7072 Defendant MEMBERS FIRST FCU Garnishee C COURT OF COMMON PLEAS zo CUMBERLAND COUNTY CO NO.: 2011-370 Civil Action INTERROGATORIES TO GARNISHEE C--) J -0 3 MW ZM ?;:o ?D r -- pC-) ~- o v? TO: MEMBERS FIRST FCU, Garnishee: You are required to file answers to the following Interrogatories within twenty (20) days after service to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or w defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed i money or were liable to defendant(s) for any reason? #\\ O 2. At the time you were served or at any subsequent time was there in your possession, custody, contra possession, custody or control of yourself and one or more persons any property of any nature owned by the defendant(s)? 00 41012 M C? CD d -n =F C) rr! A you. Failure you liable to :ndant(s) any or in the joint )lely or in part 3. At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest? QC) Wo, 4. At the time you were served or at any subsequent time did you hold as fiduciary any propertY in which the defendant(s) had any interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property t you or to any person or place pursuant to your direction or consent and what was the consideration thereof? N ;?) 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defe dant(s) against you? t,? O 7. If you are a bank or other financial institution, at the time you were served or any subseque t time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a rec rring 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 and the entity electronically depositing those funds on a recurring basis. N? 8. If you are a bank or other financial institution, at the time you were served or at any subsequ t time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any o herwise exempt funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify eac account. 9. How much is the value of any property in your possession belonging to the defendant(s)? 0'() Q 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: I ? (1 QI- JUL David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff 12 0 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff` Jody S Smith Chief Deputy Richard W Stewart Solicitor ?`?,? ?t tun?tr?v. OFFICE OF rHE SHERIFF FILEJ-OFFICi THE PkOTHONO 2812 JUL 27 AM Discover Bank VS. Ease Numbei Sandy J. Nestelli 2011-370 SHERIFF'S RETURN OF SERVICE 07/19/2012 11:56 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, steees t' on July 11 2012 at 1154 hours, attached as herein commanded all goods, chattels, rights, debris, its, and mor of the within named defendant, to wit: Sandy J. Nastelli , in the hands, possessor trol of the wi named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cu nd Couni Pennsylvania 17013, by handing to Melinda R. Wilkins, Member Service Representative nally thr copies of interrogatories together with three true and attested copies of the writ of exeout' n and made contents there of known to her. The writ of execution and notice to defendant was mailed on 07-26-12 to Sandy J. Nasteil? at 400 Mour Rock Road, Newville, PA 17241-9576. SO ANSWERS, July 26, 2012 RON ` R ANDS (c) CountySuite Sheriff, 7eleosoff, Inc. am Cline, 'Deputy P%, 49 TY ? r Arrc,& I a `? I vilt:PROT Our File No.: 287809 Pik t 31 rnr" 2-012 AUG- 9 ?;0 r- ? rn IY r N DISCOVER BANK CO 6n -? pENNSYIYANI) COURT OF COMMON PLEAS Plaintiff ) CUMBERLAND COUNTY ? ?? ° n vs. ) z' x 4 co SANDY JNASTELLI ) NO.: 2011-370 400 MOUNT ROCK RD ) RECEIVED NEWVILLE, PA 17241-9576 ) Civil Action XXX-XX-7072 4, 2 ??2012 c -± Defendant ) t . "ry r" T,lTi =Mte MEMBERS FIRST FCU , r-- N C3 1 D w (=-i6 Garnishee C, n c? INTERROGATORIES TO GARNISHEE TO: MEMBERS FIRST FCU, Garnishee: You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did efendant(s) claim that you owed defendant(s) any money or were liable to defendant(s) for any reason? ??? \J( 2. At the time you were served or at any subsequent t' e was they in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? 00 3. At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest? y Q0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? N Z) 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? V, \ ri 7. If you ware a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so, identify each account and state the reason for the exemption and the entity electronically depositing those funds on a recurring basis. (? 1? s. A ?k I 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? O 0 Q 4?--p 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: I (.('t ('- of ri 'ara - RECEIVED JUL 2 0 2012 David J. kpothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff I ?7 7,16 A t(-1, KC cue rx8 I I a`I N,e..A, ?la?l ?a Our File No.: 287809 DISCOVER BANK ) Plaintiff ) vs. ) ) SANDY J NAS'TELLI ) 400 MOUNT RUCK RD ) NEWVILLE, PA 17241-9576 ) XXX-XX-7072 ) Defendant ) MEMBERS FIRST FCU Garnishee E.? z xz cn ? COURT OF COMMON PLEAS (0>= CUMBERLAND COUNTY 2p D? NO.: 2011-370 -< Civil Action Aiwded 4x9affU 4 INTERROGATORIES TO GARNISHEE TO: MEMBE)kS FIRST FCU, Garnishee: !V? G? c;• rv w .y. C3 ?s 4. CJ -? v --t t You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time, you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to defendant(p) on any negotiable or other written instrument, or did defendant(s) claim that you owed defendant(s) any money or were liable to defendant(s) for any reason? le-C, 2. At the time you were served or at any subsequent time was there in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the de endant(s)? 1? p At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest? tlAo 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? to 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any pcrson oriplacc pursuant to your direction or consent and what was the consideration thereof? ?,) b 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or, place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? 1J,:3 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which ar'.e 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 and the entity electronically depositing those funds on a recurring basis. N p 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify each account. Nv ->eQn'A me Ae.- new ??e, s a,`I 19.31'-'\,,11 :'OACS 30(-)yao eke p ? o? 9. How much is the value of any property in your possession belonging to the defendant(s)? -,-719.31 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: q ? ('?' ('- David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff