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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
RYAN PATRI OTOOLE
Defendant
-0%'
No:
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEI:NBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
08912085 C A. Pit CXC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action. No
RYAN PATRI OTOOLE
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
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:
RYAN PATRI OTOOLE
107 FAIRWAY DR
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX4066 .
4_ Defendant made use of said credit card and has a current balance
due of $4652.02 , as of December 04, 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
29.9900 per annum on the unpaid balance from December 04, 2010 . A
copy of Plaintiff's Statement is attached hereto, marked as Exhibit
111" and made a part hereof.
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 , RYAN PATRI OTOOLE individually , in the amount of
$4652.02 with interest at the rate of 29.990% per annum from December
04, 2010 plus attorneys' fees of $125.00 , and. costs.
0ames< . wwarmnroati,42524
WELT WEINBERG & REIS CO., L.P.A.
436 S ve h Avenue, Suite 1400
Pitts ur ., PA 15219
(412) 43 -7955
FAX: 41 338-7130
089 08 C A Pit CXC
This law firm is a debt collector attembt?hg to collect this debt for
our client and any information obtained ill be used for that purpose.
DISCOVER $4652.0X8
15 SDSN6A01 0001448
RYAN OTOOLE
107 FAIRWAY DR
MECHANICSBURG PA 17055-5710
Account Number ending in 4066
Enter Amount Enclosed Below
$C I
Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $815.00. Phone and intemet
payments must be made by 5:00pm ET for same
k
day ? o pan sfi
rless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discovercom/paperiess.
PO BOX 6103 111 111111 fill 11 [pill It I log
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? II11.111111to011111]bill I II Ilrrlrr11111roBill tiltor1 aIlltill 11
Go to www.Disco~.com or print change in space above.
00000198645864497347704652020000000046520i3
Opening Date: November 1, 2010 Closing Date: No
Discover More Card Account Summary
Account number ending in 4066
Previous Balance $4,652.02
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
Fees Charged + 0.00
New Balance ,652.02
See Interest Charge Cc kulotion section following
transactions for detailed APR information
Credit Line $4,000.00
Credit Line Available $0.00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
5 c SonuSe
C
a Anniversary Month
November
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cc - , 4 Bonus Balance $ 0.00
To tsarn more, 69;n of www.Diiscover.com
3 Easy ways to contact US
1 Access your account securely at www.Discovercom
2. Call 1.800-DISCOVER (1-800.347-2683)
Please have your Discover®card avoila e.
3. Write to us at Discover, PO Box 30943,
Sah Lake City, UT 84130
For TDD (Telecommunications Device For the Deal)
assistance, please cab 1-800347-7449.
vernber 15, 2010
ryujBI
1:An T
page 1 of 2
Payment Information
New Balance $4,652.02
Minimum Payment Due" $4,652.02
Payment Due Date December 10, 2010
"Includes past due amount of $815.00
Late Payment Warning: If we do not receive your minimum
payment by the date listed above, you may have to pay a late
fee of up to $35.00.
Minimum Payment Wanting: If you make only the minimum
payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example:
i+}pl<d ftrR You iynll pay cilf the. Aiii Xru w erid:
?fagialcltcin?+?:F lsalpiti:? shGwn on up payT? ptf
mg tl'xs a ni;d this aiatltiiitftrt in ?jinpted lr,'gf
hs"°"4':k Pay . about:
Only the minimum 11 years $4,652
payment
If you would like information about credit counseling services,
call 1-800347.1121
Manage Your Account Online at www.Discover.com
• Access free online tools like Paydown Planner to create a plan
to pay down your balance, securely access statements, pay
bills online and easily track all transactions
• Make your money worth moresm -find easy ways to earn
and redeem cash rewards
• NEWI Access your account securely through your
mobile phone
Transactions
Trans. Post
Date Date
Fees 2085 TOTAL FEES FOR THIS PERIOD $ 0.00
honest Charged TOTAL WTEREST FOR THIS Pf310D $ 0.00
2010 Totals Year-to-Date
TOTAL FEES CHARGED IN 2010
TOTAL INTEREST CHARGED IN 2010
Minimum Payment Due
$4,652.02
Payment Due Date
December 10, 2010
0.00
377.68
Continued on reverse side. DISC*VER
Paperless statements mean less clutter, more convenience
Easily access up to 24 months of downloodoble, password protected statements.
• See your statement as soon as it's available rather than wait for it to arrive in your mailbox.
• Get helpful payment reminders through e-mail or text messages on your mobile phone.
• Print a paper copy of your statement anytime.
• Sign up today at Discovercom/paperiess
®2010 Dix- B.A. Member FDIC
PAPER.0310
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8912085
Questions? visit www.Discover.com or DISCOVER
call 1-8MI)ISCOVER (1-800-347-2683).
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 Szczygiel, Legal Placement Account Manager
(Name) (Title)
of DB Servicing Corporation successor to DFS Services LLC, servicing agent for Discover Bank,
(Company)
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# 8912085
Ryan PATRI.Otoole
6011002510144066
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Discover Bank Case Number
vs. 2011-2031
Ryan Patri O'Toole
SHERIFF'S RETURN OF SERVICE
02/24/2011 06:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February
24, 2011 at 1850 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Ryan Patri O'Toole, by making known unto himself personally, at 107 Fairway Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
ROB RT BITNER, DEPUTY
SHERIFF COST: $37.00
February 25, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
. Cruriysi (0 SM Ii
DISCOVER BANK
Plaintiff
vs.
RYAN PATRI OTOOLE
TO THE PROTHONTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA ,
CIVIL DIVISION
Civil Action No.
cxa
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C)
11-2031 CIVMc-'i
:. C7
PRAECIPE FOR DEFAULT' JUDGMENT
r
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or
Kindly enter Judgment against the Defendant RYAN PATRI OTOOLE above
named, in the default of an Answer, in the amount of $5249.56 computed as
follows:
Amount claimed in Complaint
Le::, payments / adjustments made
Interest on the remaining principa
$4652.02 from December 04, 2010
@ the interest rate of 29.990%
Attorney's fees
TOTAL
$4652.02
$0.00
1 balance of
to April 07, 2011
per annum $472.54
$125.00
$5249.56
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. WAh7mbrodt,42524
08912085,(C ,k Pit DFO
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,j
436 Seventh Avenue, Suite 1400 Pittsburgh A 15219
And that the last known address of the De 6ndant is
RYAN PATRI OTOOLE
107 FAIRWAY DR
MECHANICSBURG, PA 17055
0,14 s ly.oa pd a ,-,1
C'tk sryo t(4a
ass any
wut ce Oqw led
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case No. 11-2031 CIVIL
vs.
RYAN PATRI OTOOLE
Defendant
IMPORTANT NOTICE
TO:
RYAN PATRI OTOOLE
107 FAIRWAY DR
MECHANICSBURG, PA 17 55
,,, Date of Notice: al
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA. 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
Matt
P an -y
By.
P.A..# 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
8912085 A PIT B41
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 11-2031 CIVIL
RYAN PATRI OTOOLE
NON-MILITARY AFFIDAVIT
The undersigned is the duly authorized agent and/or attorney for the
Plaintiff in the within matter and states as follows:
Affiant states that the within Affidavit is made pursuant to and in
accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App.
521.
Affiant further states that based upon investigation it is the affiant's
belief that the Defendant , RYAN PATRI OTOOLE 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 any information indicating that the below
individual is in the military service:
RYAN PATRI OTOOLE
107 FAIRWAY DR
MECHANICSBURG, PA 17055
Affiant further states that the averments contained herein are true and
correct to the best of Affiant's knowledge, information and belief and that
these averments are made subject to the penalties of 18 Pa C.S.A. Section
4904 relating to unsworn falsification to authorities.
Request for Military Status
Page 1 of 2
Department of Defense Manpower Data Center Apr-14-201108:39:50
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
< Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
Name Agency
Based on the information you have furnished, the DMDC does not
OTOOLE RYAN P possess any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data
Center, based on the information that you provided, the above is the current status of the
individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force,
NOAA, Public Health, and Coast Guard).
IA.
y6t 14 1,4101&41 A?*_
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense
that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database
which is the official source of data on eligibility for military medical care and other eligibility
systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC
App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil
Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any
information indicating that the individual is currently on active duty" responses, and has
experienced a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual is on active duty,
or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain
further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http://www.defenselink.mil/faglpis/PC09SLDR.html. If you have
evidence the person is on active duty and you fail to obtain this additional Service verification,
punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c).
https://www.dmdc.osd.mil/appj/scra/popreport.do 4/14/2011
Request for Military Status
Page 2 of 2
If you obtain additional information about the person (e.g., an SSN, improved accuracy of
DOB, a middle name), you can submit your request again at this Web site and we will provide
a new certificate for that query.
This response reflects active duty status including date the individual was last on active duty,
if it was within the preceding 367 days. For historical information, please contact the Service
SCRA points-of-contact.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)
(1) for a period of more than 30 consecutive days. In the case of a member of the National
Guard, includes service under a call to active service authorized by the President or the
Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for
purposes of responding to a national emergency declared by the President and supported by
Federal funds. All Active Guard Reserve (AGR) members must be assigned against an
authorized mobilization position in the unit they support. This includes Navy TARs, Marine
Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service
member who is an active duty commissioned officer of the U.S. Public Health Service or the
National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons
on active duty for purposes of the SCRA who would not be reported as on Active Duty under
this certificate.
Many times orders are amended to extend the period of active duty, which would extend
SCRA protections. Persons seeking to rely on this website certification should check to make
sure the orders on which SCRA protections are based have not been amended to extend the
inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons
who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty
entry is important because a number of protections of SCRA extend beyond the last dates of
active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure
that all rights guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be
provided.
Report ID:V2A9VNNRN
https://www.dmdc.osd.mil/appj/sera/popreport.do 4/14/2011
FILED-OFFICE
OF THE PROTHONOTAR`,
2011 JUN 14 AM 11: IS
CUMBERLAND COUNTY
PENNSYLVANIA
JUN 10 200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
RYAN PATRI OTOOLE
Defendant(s)
Civil Action No. 11-2031 CIVIL
40
INTERROGATORIES IN ATTACHMENT
MEMBERS FIRST FCU
PNC BANK
GRAYSTONE TOWER BANK
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
W WR No. 8912085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
RYAN PATRI OTOOLE
Defendant(s)
MEMBERS FIRST FCU
PNC BANK
GRAYSTONE TOWER BANK
Garnishee(s)
Civil Action No. 11-2031 CIVIL
TO: MEMBERS FIRST FCU, 1711 SPRING RD, CARLISLE, PA 17013
PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013
GRAY STONE TOWER BANK417 STONEHEDGE DRCARLISLE, PA 17013
RE: RYAN PATRI OTOOLE, 107 FAIRWAY DR, MECHANICSBURG, PA 17055
Suggested Reference No.: XXX-XX-3520
XXX-XX-
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.
WWR No. 8912085
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)?
I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount
of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof;
the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed to him; and the nature and amount of each of such liabilities.
n ia-
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. In
r??
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?
n O
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? In
r lD
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 andl if so what was the consideration thereof?
V l O
V)
6. At any time after you were served did you pay, transfer, or deliver any money or property to the
defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you? r?
V
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. n b
WWR No. 8912085
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
9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these
interrogatories on this institution. n lk
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.
n ?cu
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?
Y) ta-
12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on
deposit in the account.
& #"U-L WELTMAN, WEINBERG & REIS CO., L.P.A.
By: r'i? '
William T. Molczan; EsquV
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. 8912085
f*V1, A
MEMBERS V
FEDERAL CREDIT UNION
June 10, 2011
Ryan P. O'Toole
107 Fairway Drive
Mechanicsburg, PA 17055
Account Number: XXX536
Name on Account:
Savings:
Checking:
Payroll: Members 1" FCU
Account Number: XXX356
Name on Account:
Savings:
Checking:
Account Number: XXX441
Name on Account:
Savings:
Account Number: XXX026
Name on Account:
Savings:
Ryan P. O'Toole
$55.00
-5.00 (Membership Fee)
$50.00
-50.00 (Processing Fee)
$ 0.00
$510.69
Ryan P. O'Toole
$18.64
-5.00 (Membership Fee)
$13.64
$80.00
Chase P. O'Toole
Ryan P. O'Toole (Joint)
$499.46
-5.00 (Membership Fee)
$494.46
Chase P. O'Toole
Ryan P. O'Toole (Joint)
Jessica L. O'Toole (Joint)
$5.49
-5.00 (Membership Fee)
$0.49
$300.00 Statutory Exemption was not taken out.
Tania S. Young/
Deposit Operations A lyst
5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unswom falsifications to authorities, that he/she is 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.
V
(SIGNATU )
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith of ?PPIf7(fly? 'i7-?++
urr
Loll -- i
Chief Deputy t
Richard W Stewart
Solicitor ZF
fl .
Discover Bank
vs.
Ryan Patri O'Toole
Case Number
2011-2031
SHERIFF'S RETURN OF SERVICE
06/10/2011 02:58 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10,
2011 at 1458 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Ryan Patri O'Toole, in the hands, possession, or control of the
within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania
17013, by handing to Rochelle White, Customer Service 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 June 15, 2011 to Ryan Patri O'Toole, 107
Fairway Drive, Mechanicsburg, PA 17055.
06/10/2011 02:20 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10,
2011 at 1440 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Ryan Patari O'Toole, in the hands, possession, or control of the
within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle,
Cumberland County, Pennsylvania 17013, by handing to Lauralee Fetter, Teller 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.
06/10/2011 02:50 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10,
2011 at 1450 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Ryan Patri O'Toole, in the hands, possession, or control of the
within named garnishee, Graystone Tower Bank, 417 Stonehedge Drive, Carlisle, Cumberland County,
Pennsylvania 17013, by handing to Jean Renart, Customer Service 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.
SO ANSWERS,
June 15, 2011 RON R ANDERSON, SHERIFF
Tim ac , tJeputy
(cj GountySAte Shen't. Tejeosoit. In,-.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK,
Plaintiff
V. ;
RYAN PATRI OTOOLE,
Defendant
and
GRAYSTONE TOWER BANK,
Garnishees
NO.: 11-2031 CIVIL
ANSWERS TO INTERROGATORIES
IN ATTACHMENT ADDRESSED TO GARNISHEE,
GRAYSTONE TOWER BANK
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By: , yll't"?- -
M6lanie L. Vanderau, Esq.
Associate Counsel
Graystone Tower Bank
112 Market Street
Harrisburg, PA 17101
(717) 728-2628
Attorney for Garnishee,
Graystone Tower Bank
1
GARNISHEE'S ANSWERS TO INTERROGATORIES
At the time you were served or at any subsequent time did you owe the Defendant any
money or were you liable to the Defendant on any negotiable or other written instrument,
or did the Defendant claim that you owed him any money or were liable to him for any
reason (including funds on deposit for checking or saving accounts and certificates of
deposit)?
ANSWER: No.
Ia. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of
money you owe or owed to defendant, and, if such money is in the form of a fund, the
present location thereof, the terms face amount and amount you owe or owed to
defendant on each of such negotiable or other written instruments and the present
location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed him; and the nature and amount of each of such liabilities.
ANSWER: N/A
2. At the time you were served or at any subsequent time was there in your possession,
custody or control of yourself and one more other persons any property of any nature
owned solely or in part by the Defendant?
ANSWER: No.
3. At the time you were served or at any subsequent time did you hold legal title to any
property of any nature owned solely or in part by the Defendant or in which the
Defendant held or claimed any interest?
ANSWER: No.
4. At the time you were served or at any subsequent time, did you hold as a fiduciary any
property in which Defendant had an interest?
ANSWER: No.
5. At any time before or after you were served, did the Defendant transfer or deliver any
property to you or to any person or place pursuant to your directions or consent and if so,
what was the consideration thereof?
ANSWER: No.
2
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 the Defendant's direction or
otherwise discharge any claim of the Defendant against you?
ANSWER: No.
7. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which funds are
deposited electronically on a recurring basis and which are identified as being funds that
upon deposit are exempt from execution, levy or attachment under Pennsylvania or
federal law? If so, identify each account and state the reason for the exemption, the
amount being withheld under each exemption and the amount of funds in each account,
and the entity electronically depositing those funds on a recurring basis.
ANSWER: No.
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.
ANSWER: No.
9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these
interrogatories on the institution.
ANSWER: The interrogatories were served on Graystone Tower Bank on
June 10, 2011.
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.
ANSWER: N/A.
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 law?
ANSWER: N/A.
3
12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt
funds on deposit in the account.
ANSWER: N/A.
Respectfully submitted,
GRAYSTONE TOWER BANK
By: wa4 I , )/
M anie L. anderau
Attorney I.D. No. 203167
112 Market Street
Harrisburg, PA 17101
(717) 728-2628
Attorney for Garnishee,
Graystone Tower Bank
Date: June I A 2011
4
VERIFICATION
Kimberly Taylor deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities, that she is the Deposit Operations Manager of Graystone
Tower Bank, that she makes this verification by its authority and that the facts set forth in the
foregoing Answers to Interrogatories in Attachment are true and correct to the best of her
knowledge, information and belief.
Date: June A 2011
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Name: imberly aylor
Title: (Deposit Operations Manager, AVP
5
CERTIFICATE OF SERVICE
I hereby certify that on June, 2011, a copy of the foregoing Answers to Interrogatories
in Attachment Addressed to Garnishee, Graystone Tower Bank, was served upon the persons and in
the manner listed below:
Service by U. S. first class mail as follows:
Ryan Patri Otoole
107 Fairway Drive
Mechanicsburg, PA 17055
William T. Molczan, Esquire
Weltman, Weinberg & Reis Co, LPA
1400 Koopers Building
436 Seventh Avenue
Pittsburgh, PA 15219
6
WELT AN, WEINBERG & REIS CO., L.P.A.
BY: Jam ,-s C Warmbrodt, Esquire
I.D. No.4 524
436 Seve lth Avenue, Suite 1400
Pittsburg , PA 15219
Phone:4 2.434.7955
Fax: 412. 34.7959
File # 89 2085
Attorney for Plaintiff(s)
DISCOVER BANK
RYAN PATRI OTOOLE
Cumberland County
Court of Common Pleas
NO. 11-2031 CIVIL
1ST FCU PNC BANK AND GRAYSTONE TOWE BANK
hee(s)
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
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Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1 ST
FCU
BANK AND GRAYSTONE TOWE BANK, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Sworn b
Before r
and subscribed
the day of June, 2011
NOTARY PUBLIC
James armbrodt, Esquire
Attorn f r Plaintiff
C MMBN NN Y YAN1A
motariol seal public
Sheila G• 6e?van, Notary
Ross Twp., Allagheny County
My Commission Epires Nov. 15 2014
MEMBER, PENN5yt\'Ar1IA ASSOC3NTioN OF NOTARIES
a,w.L04 g,w Pd ak
J-C. FF]CE
WELTMANT. WEINBERG & REIS CO., L.P.A. 130THO O TA
BY: Sarah E. Ehasz, Esquire Attorney for Plaintif ) I JUL 2 9 PM 1: 2 8
I.D. No.86469
436 Seventh Avenue, Suite 1400 'CUMBERLAND COUNTY
Pittsburgh, Pt: 15219 PENNSYLVANIA
Phone: 412.434.7955
Fax: 412.434.7959
File # 8912085 PGH
DISCOVER BANK
Plaintiff
Cumberland County
Court of Common Pleas
vs.
RYAN OTOOLE
Defendant(s)
NO. 11-2031 CIVIL
PRAECIPE FOR SATISFACTION OF JUDGMENT
TO THE PROTHONOTARY:
Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the
Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L. :A.
By /
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
Sworn to and subscribed
Before me the 71 da?j_
ARY K;'5LIC
, 2011
COMMONWEALTH S,7F p&iN,
Notarbd Seal
Wayne A. Jones, Notary Public
City of Pittsburgh, Allegheny County
My Commission Ex@ites June 29, 2014
MO-Mbpr. Perirlgy VON4 .. _eldtlah Of MS iriuo
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
dy R Anderson
;riff
ody S Smith
Chief Deputy 2012 JAN 25 P11 2,
Richard W Stewart Solicitor
Discover Bank
Case Number
vs.
Ryan Patri O'Toole 2011-2031
SHERIFF'S RETURN OF SERVICE
06/10/2011 02:58 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10,
2011 at 1458 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Ryan Patri O'Toole, in the hands, possession, or control of the
within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania
17013, by handing to Rochelle White, Customer Service 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 June 15, 2011 to Ryan Patri O'Toole, 107
Fairway Drive, Mechanicsburg, PA 17055.
06/10/2011 02:20 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10,
2011 at 1440 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Ryan Patari O'Toole, in the hands, possession, or control of the
within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle,
Cumberland County, Pennsylvania 17013, by handing to Lauralee Fetter, Teller 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.
06/10/2011 02:50 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10,
2011 at 1450 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Ryan Patri O'Toole, in the hands, possession, or control of the
within named garnishee, Graystone Tower Bank, 417 Stonehedge Drive, Carlisle, Cumberland County,
Pennsylvania 17013, by handing to Jean Renart, Customer Service 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.
01/24/2012 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: $200.33 SO ANSWERS,
January 24, 2012 RON R ANDERSON, SHERIFF
. CouniySJite She ff. Trlecsott. In;;. 70 06