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Home My WebLink About11-1065 COURT OF COMMON PLEAS OF BEAVER COUNTY CIVIL DIVISION Case No: 2010-11328 Page 1 of 6 Plaintiff(s) DISCOVER BANK (vs) Defendant(s) MESKOW ROBERT R 31q Pl e& s'4.,-+ bi-. PA )-6,061 w Gi C-) C) co r-cr %j C!? C--) C1; Cn N CL. C7 .a C1 N WRIT OF EXECUTION NOTICE This paper is a WRIT OF EXECUTION. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. -:_ There are other exemptions which may be applicable to you. Attached is a - summary of some of the major r, exemptions. You may have other = - exemptions ox- other rights. j If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted. E You should come to court ready to w ?= Co w explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. 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. LAWYER REFERRAL SERVICE 788 TURNPIKE STREET BEAVER, PA 15009 3 F.Do Pd . al? Clip' 90? v/? S -f X63 v? 4110 COURT OF COMMON PLEAS OF BEAVER COUNTY CIVIL DIVISION Page 2 of 6 DISCOVER BANK (vs) ROBERT R MESKOW Case No: 2010-11328 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of BEAVER To the Sheriff of CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MESKOW ROBERT R (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 MEMBERS 1ST FEDERAL CREDIT UNION as garnishee(s), (Specifically describe Property) SEE INSTRUCTIONS ' 1 ^ 1? COURT OF COMMON PLEAS OF BEAVER COUNTY CIVIL DIVISION Page 3 of 6 DISCOVER BANK (vs) ROBERT R MESKOW Case No: 2010-11328 and to notify the garnishee(s) that (a) an attachment has been issued; (b) except as provided in paragraph (c), 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; (c) the attachment shall not include any funds in an account of the defendant(s) with a bank or other financial institution (i) in which 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, or (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 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(s), you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. .-- r COURT OF COMMON PLEAS OF BEAVER COUNTY CIVIL DIVISION Page 4 of 6 DISCOVER BANK (vs) ROBERT R MESKOW Case No: 2010-11328 Debt . . . . . . . . . . . . . $2,081.94 INTEREST $47.91 PROTHONOTARY PAID $175.50 JUDGMENT PAID $15.50 THIS WRIT PAID $25.50 SATISFACTION DUE $10.50 r-D -? fn Nancy Werme ProtA:"'0L 9. 1/20/2011 Date Sealed Gtr _.. ... Attorney for Plaintiff: WARMBRODT, JAMES C 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 COURT OF COMMON PLEAS OF BEAVER COUNTY CIVIL DIVISION Page 5 of 6 DISCOVER BANK (vs) ROBERT R MESKOW Case No: 2010-11328 CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be (i) set aside in kind (specify property to be set aside in kind); (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis for exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300 statutory exemption: in cash in kind (specify property): (b) Other (specify amount and basis of exemption): 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 COURT OF COMMON PLEAS OF BEAVER COUNTY CIVIL DIVISION Page 6 of 6 DISCOVER BANK (vs) ROBERT R MESKOW Case No: 2010-11328 I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (include phone#)• I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. Date (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY BEA ER COUNTY ERIFF'S OF CE 810 T IRD STREET BEAVER, A 15009 MUNN OF CUMBERLA -1 Off'fce of the Sheriff I C°t"thmw Square, ftL - 3 CAHN@, "Ima la 17013 IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT R MESKOW Defendant and MEMBERS I ST FEDERAL CREDIT UNION Garnishee No. H;?--S_-Q /(- 161(05 INTERROGATORIES IN ATTACHMENT MEMBERS IsT FEDERAL CREDIT UNd.ON - ; ;a FILED ON BEHALF OF: 0 Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8251584 r M X;X) CJ) "C7 J r° CD C? .t i sa" N m 0 3 IN THE COURT OF COMMON PLEAS BEAVER COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT R MESKOW Defendant and Civil Action No.: 11328-2010 MEMBERS I ST FEDERAL CREDIT UNION Garnishee TO: MEMBERS I ST FEDERAL CREDIT UNION 401 East King St. Shippensburg 17257 RE Suggested Reference No.: XXX-XX-0329 ROBERT R MESKOW 314 PLEASANT DR ALIQUIPPA, PA 15001 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. INTERROGATORIES IN 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)? 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? TQ'D jktr' 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? N'u 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? 4- 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. 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. No Ayxujv 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. V 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 in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEI14BERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8251584 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 Jody L. Burkholder (Name) Deposit Operations Analyst ofMembers 1 st 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. Y 4 ? i-W-4?4 SIGNATURE) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FIL IJ tlF'f{ 2011 FEB '-UMBERLANb cGty=q -j ' PENNS YLV, k p.'I ', I I - Ibw5 C, oTe % Discover Bank vs. Robert R Meskow Case Number 2010-11328 SHERIFF'S RETURN OF SERVICE 02/02/2011 10:23 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1020 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robert R. Meskow, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015, by handing to Marisol Barber, Assistant Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 3, 2011 to Robert R. Meskow at 314 Pleasant Drive, Aliquippa, PA 15001. February 03, 2011 SO ANSWERS, _ RON R ANDERSON, SHERIFF Tiftot y R. Black, Deputy