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Home My WebLink About11-3119t a i NMBM'?,ND CKIATY pESSSW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. MICHELLE M LASHESKI Defendant No:'I.3II I bi 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 08966527 C A Pit CXC S Gam. ' a. bu ?a Q CJk- *SV74S?11 V,k d51 817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MICHELLE M LASHESKI 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. Plai.itf; €1ISCOVER 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: MICHELLE M LASHESKI 2535 PHEASANT DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5072 . 4. Defendant made use of said credit card and has a current balance due of $6012.69 , as of January 05, 2011 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 21.990% per annum on the unpaid balance from January 05, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll, 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 , MICHELLE M LASHESKI INDIVIDUALLY , in the amount of $6012.69 with interest at the rate of 21.99001 per annum from January 05, 2011 plus attorneys' fees of $125.00 , and costs. IV -- a ro t,42524 James . j WELT EINBERG & REIS CO., L.P.A. 436 S e h Avenue, Suite 1400 Pitts ur , PA 15219 (412) 43 7955 F AX: 12 38-7130 08966 27 A Pit CXC This law firm is a debt collector attemp/?g to collect this debt for our client and any information obtained 11 be used for that purpose. New Balance Minimum Payment Due Account Number ending in 5072 DISCOVER $0.00 $1,005.00 Enter Amount Enclosed Below Payment Due Date $ f -? January 26, 2011 31 SDSN6A010006512 MICHELLE LASHESKI Go paperless and make your account PHEASANT DR information more statements secure with 2535 Learn more at discover. access. MECHANICSBURG PA 17055-5877 PO BOX 6103 II{rrr{Irrrrr{{rrrr{Ir{Irr{ CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? ?{ {{uuu{{{p{n{ n{p{{nnrl?{{uur {r{?uur{Inln r n p ?{ Go to www.Dacowr.eom or print change in space above. ? p LAHIbll 00000198645823094530100000000000D000100500 1 Opening Date: December 18, 2010 Closing Date: December 31, 2010 Discover More Card Account Summary Account number ending in 5072 Previous Bakrnce $6,012.69 Payments And Credits 6,012.69 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Balance -- $0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit line $5,500.00 CredB tine Avoilable $0.00 Cash Advance Credit Line $1,400.00 Cash Advance Credit Line Available $0.00 WUMINFUbR ~Iva Anniversary Month July Opening Coshback Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Cashback Bonus Balance - -- - - $ ---0.00 To learn man, log in at www.Wmcover.com page 1 of 1 Payment Information New Balance $0.00 Minimum Payment Due $1,005.00 Payment Due Date January 26, 2011 Lab 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 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 26.99% variable. Manage Your Account Online at www.Discover.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moreSM-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us I Access your account securely at www.Discowr.com 2. Call 1-800-DISCOVER (1-804347-2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 For TDD (Telecommunications Device for the Deal) assistance, please call 1-804347.7449 Transactions Trans. Post Dab Dab !Paynwnh and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ -6,012.69 'Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 X2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 233.00 TOTAL INTEREST CHARGED IN 2010 942.96 bassriCharge Calculation Your Annual Percentage Rat* (APR) is the annual interest rate on your account. ANNUAL PERCENTAGE BALANCE SUBJECT TO Current Burg Period: 14 days RATE (APR) INTEREST RATE INTEREST CHARGE Purchoses* 07/07/2010 and afbr 21.99% V $0 $0 07/06/2010 and prior 16.99% V $0 $0 ;cash Advarees 20.99% $0 $0 V = Variable Rafe * Dates apply to non promotional purchases and to expired promotions with start dates within the specified date range Continued on reverse side. DISCOVER Adol"Istal ImpWkW Inforrttartisan Important Irdormalion. IF there is more than one page to this billing statement, see the back of each page for additional important information See your Cardmember Agrerernernt. Your Cardmember Agreement contains all dro forms of your Account. Lod or stolen cards. Report immediately! Call 1.800-347-2683. Whet To De K You Think You find A NUsseke On Your Statement II you think there is an error on your statemenl, write to us at. Discover, PO Box 30421, Solo Lake City, UT 84 1 3 0-042 1. In your letter, give us she following information: Accohxt information: Your name and account number. Dollar emount. The dollar amount of she suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may toll us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount , The charge in question may remain on your stolemenl, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not hove to pay the amount in question or any interest or other fees related to that amount. While you do not have so pay the amount In question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Yow Rights K You Are DissatisRed With Your CredR Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good Faith to correct the problem with else merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, at of the following must be true 1' Ti-W' 6r2hose must have been nsode 16 yourliome il:ile dI v;fhin 100 Ales of your :unenl inSMng address and the purchase price must have been more than $50 (Note: Neither of these are necessary if your purchase was based on an advertisement we moiled to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from on ATM cr wish a check that accesses your rn p credit card account do not qualify. Z 3. You must not yet have fully paid for the purchase. or IF all of the criteria above are met and you are still dissatisfied with she purchase, contact us in writing at Discover, PO Box 30945, a Soft Lake City, UT 84130,0945 I While we investigate, the some rtes apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our I a° decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent as "re Send only your payment and the tap portion of this statement in the envelope provided. Do not send cash. By sending your check as described L above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your w check or ta process the pa menl as a check trensaction. If paymentis processed as an electronic fund transfer, the nansler will bs for the amount of the check. When we use information from our check to make an electronic fund transfer funds ma be withdrawn from t t d i tV u tX y , y your accoun as soon as he same ay we rece ve your payment, and you will not receive your check back from your financial institution. i The processing of your payment may be delayed 1 you send cash, correspondence or other items with your payment, if you send the payment b any odder address or if you use an envelope other than the one provided. Payments received in proper format our processing Facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing imil'rty after 5PM local time will be credited to your Account as of the next I day. If you have misplaced your envelope, send your paymentto Discover, PO Box 61103, Carol Stream, IL 60197-6103. Please allow 7.10 days For delivery . If your payment is returned unpaid, we reserve 16 right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1800-347-2683. You will need this statement and your bank accounl information- You must ensure that sufficient funds are available in your bank account, and all transactions must comply wish 115. law. You will be asked so provide the first 5 digits of your account statement ZIP code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries a your bank account, as applicable, to correct an error in the processing of such payment. You must tell us the amount of each payment or you can select an amount such as the Minimum Poymenl Due or the New Balance on each statement. You can cancel a payment, however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-80(1347-2683 or by mail at Ilse oddreu listed in the previous paragraph. If your payments vary in amount, we wit sell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus Late payments, missed payments, or other deloults on your Account may be reflected in your credit report. We normally report the status and payment his" of your Account to credit reporting agencies each month. If you believe that our re ort is inaccurate or incom lete please write us at the followin addr Di PO B 15316 Wil DE 19M p , p g ess: scover, ox , mington, 5316. Please indicate your name, address, home telephone number and Account number. Paying Interest: We begin b impose Interest Charges on all transactions from the Transaction Dole for the transaction shown on your billies, statement, unless a transaction is osted to our Account offer the close of the bitin eriod in which it occurs in hi h b i t i i h t p y g p , w c case we eg n o mpose nterest c arges on hat transaction from the first da of the billin eriod in which it is osted b our Account We contin i I t Ch f il t d e t g p y p y u mpose ores arges unt n he ate you pay your o entire New Balance shown on your billing statement by making payhnenh or receiving credih. If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose interest Charges on new purchases, that is, purchases first appearing on the current billing statement, or any portion of o new purchase, paid by the Payment Due Dale on your current billing statement. We call this the'groce period. It l Th t d b is not ess han 25 ays. ere is no grate period on adonce transfers cr cash advances. As more fully described in she section of your Cardmember Agreement filled "How We Apply Payments, we generally apply payments to your Account based on the APR applicable to the balance of each transaction category. This means that il you do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you may not gel a grace period on new purchases Minimum trill~ Charge. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $.50 ' would otherwise be imposed. Antral Fee. If your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears on the statement when the Fee is billed. The annual fee is not refundable unless you notify us that you wish to close your Account within 30 days of the mailing or delivery dote of the statement on which the fast is billed. You will receive this refund even if you use your Card during that period How We Calculate Interred Charges Daily Balance Method (including current transactions): We Figure Interest Charges for stanch billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, sandard purchases, standard cash advances and each purchase, balance transfer and cosh advance balance subject to promotional terms). We refer to these balances as tronsocsion categories. We figure the "daily bolonca' For each transaction category. To gel die "daily balance" we take to beginning balance For each day, add any new transactions and Fees and any Interest Charges accrued on the previous day's daily balance. We then subtract any credits and payments and make other hrdju:wienl: (including terse adjustments required in the section titled "Paying Interest") In calculating the daily balance for the first day of the bitting period. we consider the "previous days daily balance" to have been your balance on the lost day of your previous billing period. This gives u! the doily balance for each transaction category We Figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period When we calculate doily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless the transaction is posted to yyour Account char she close of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the billii8 hit is posted to your Account All Fees charged to your Account are added to the standard purchase transaction category with the ' exceplro n of t=as dvance fees which are added to the applicable cash advance transaction category and Balance Transfer fees which are added to the applicable balance transfer transaction category. Foreign Currency Fee: 2%of the U.S. dollar amount of each purchase made in a foreign currency. Penalty APRs: Each time you fail to make a payment when due, we may, in accordance with applicobk low, (f) terminate the availability of any introductory/promotional APRs on new transactions, and (ii) increase your APRs For new transactions a variable Penally APRs which will be determined by adding i up to an additional 5 percentage points to the otherwise applicable APR. Your Penalty APR is determined based an your creditworthiness and other factors such as your current APRs, and your account history. If your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. I For TDD (Telecommunications Deicer for the Deaf) assistance, please call 1-800-347-7449. Discover may monitor and/or record lelephora tots between you and Discover representatives for quality assurance purposes. ? The Diwover® card is issued by Discover Bank, Member FDIC 0 ITBK 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 Szczvgiel, 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# 8966527 Michelle M. Lasheski 6011002199785072 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ? (fit"• FICE Sheriff THE HONG T,4 Jody S Smith 101 ? NdR 3a ?? Chief Deputy PH 3; Richard W Stewart E CUMBERLAND COUNTY Solicitor PENNSYLVANIA Discover Bank Case Number vs. Michelle M. Lasheski 2011-3119 SHERIFF'S RETURN OF SERVICE 03/28/2011 07:37 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2011 at 1937 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michelle M. Lasheski, by making known unto herself personally, at 2535 Pheasant Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. M UTSHALL, DEPUTY SHERIFF COST: $38.00 March 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF cou--" a E„, s:n Ins ?..? , PROT190 0Fjcj: TAT,,y is 1(?(J'C 22 Pry I: 07 '-1, IOERLAND COUNTY FENNsYLVANIA IN THE ('(-)UL.'f OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHELLE M LASH".SK: Defendant No.I 1-3119-CIVIL PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8966527 Judgment Amount $6,494.07 G IV& s. 1q. 60 pd a*? Ck..ij, i OW-2 3s e44 2(o3SSD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHELLE M LASIxESK Defendant Civil Action No. 11-3119-CIVIL PRAECIPE FOR JUDGMENT BY CONSENT TO " HF PROTHONOTAP.Y: Kindly enter .ii;dgment against Defendant, Michelle M Lasheski, in the amount of $6,494.07 plus costs, based upon the consent of they parties. CONSENTED TO: WELTMAN, WEINB;•;RC 4-? REIS CO., L.P.A., MICHELLE M LASHESKI, By: Attorney for Plaintiff WWR#8966527 By: \ Defendant "n ?/ ??/, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3119-CIVIL MICHELLE M LASHESKI Defendant STIPULATION OF THE PARTIES FOR PAYMENT A,ND FOR THE ENTRY OF JUDGMENT BY CONSENT TO TI-F PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Michelle M Lasheski, above-named, in the amount of $6,494.:`7 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, a. follows: Defendant admits indebtedness to Plaintiff in the amount of $6,369.07 with continuing interest thereon at a rate of 6.0+0% per annum from the date of judgment, plus attorneys' fees of $125.00, and costs. I. To secare t'ie repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in !',,!,!or of the Plain..iff and against the Defendant, Mif hel!e I`! La heski, in the amount of $6,369.07 plus continuing interest thereon at the rate of 6.00% per annum from the date of judgment, plus attorneys' fees of $125.00, and costs. 3. Plaintiff grees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) no less than $125.00 due on the TWENTIETH day of each month for six consecutive months bft inning August 20, 2011 and ending January 20, 2011; (b) Defendant must contact Plaintiffs counsel to set up new payment arrangement or settle in full by Jar,•iary 20, 2011; (c) if new payment arrangement is made, payments will continue until the Judgment amount, plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "Discover Bank" 5. The f:;st payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co.. L.P.A., 436 ;;eves ch Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, ,Veinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In tlA event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time ?s e` the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs cowisel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free :o issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgme?:t entered hereunder plus appropriate additional interest and costs. 8. No art or omission of the Plaintiff,, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or a,ry other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agrc° 7s fin,: l and complete. 9. Intend.mg to be legally bound, the parties set their hands and seals this'-day ofAt_,?? 20 U WELTMAN, WEINBERG & REIS CO., L.P.A. ,--??2 ........................ By: 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 By: WWR#8966527 Defendant, Michehe :M ?,asheski IN THE +.)URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-3119-CIVIL MICHELLE M LASHESKJ Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Ju gme t was entered against you on (xx) Assumpsit Judgment in the amount of $6,494.07 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 (XX) By Consent Prothonotary Michelle M. Lasheski 2535 Pheasant Drive Mechanicsburg, PA 1 `(;55 By: PROTHONN E ) N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 11-3119 CIVIL vs. PRAECIPE FOR WRIT OF EXECUTION MICHELLE M LASHESKI (BANK ATTACHMENT ONLY) Defendant(s) PNC 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 WWR No. 8966527 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-3119 CIVIL MICHELLE M LASHESKI Defendant(s) PNC BANK , Garnishees 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: y C'? 2. against MICHELLE M LASHESKI , Defendant 3. against PNC BANK. . . Garnishee a 4. Judgment Amount $ $6,494.07 Less Payments/credits received $ $ 1 500.00 Interest $ $715.36 Costs $ SUBTOTAL: $ $5,709.43 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: S William T. Molczan, Esq PA I.D. #47437 a WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue J Pittsburgh, PA 15219 (412)434-7955 va L/ WWR No. 8966527 � � d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2011-3119 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff(s) From MICHELLE M. LASHESKI,2535 PHEASANT DRIVE,MECHANICSBURG,PA 17055 (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: PNC BANK, 105 NOBLE BLVD,CARLISLE,PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$4,994.07 Plaintiff Paid$ Interest$715.36 Attorney's Comm. % Law Library$.50 Attorney Paid$173.00 Due Prothonotary$2.25 Other Costs$ Date: 11/14/2013 David D. Buell, Prothonotary Y Deputy REQUESTING PARTY: Name : WILLIAM T. MOLCZAN,ESQUIRE Address: WELTMAN,WEINBERG&REIS CO.,L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , ei Sheriff — t t vptt o ribrri.b ter_ FROTH t.J i i'! 3 I Jody S Smith Chief Deputy 2013 NOV 26 PH 2: 03 Richard W Stewart Solicitor opFieE CUMBERLAND COUI4 PENNSYLVANIA Discover Bank vs. Case Number Michelle M. Lasheski 2011-3119 SHERIFF'S RETURN OF SERVICE 11/20/2013 01:35 PM-William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Brianna Nornhold,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. The writ of execution and notice to defendant was mailed on November 22, 20 3 , Michelle M. Lasheski at 2535 Pheasant Drive, Mechanicsburg, PA 17055. CLINE, DEPUTY SO ANSWERS, November 22, 2013 RONR ANDERSON, SHERIFF IC)Cou-tySuite$henf`"Telcosof, I0.. J � • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK CIVIL ACTION NO.: 2011-3119 CIVIL Plaintiff, `,- .. vs. a' MICHELLE M LASHESKI Defendant, ANSWERS TO INTERROGATORIES IN ATTACHMENT and Filed on behalf of PNC Bank,National Association PNC BANK Garnishee • Joel B. Gold, Esquire Sr. Counsel for PNC Bank,National Association Pa. I.D. #42090 PNC Bank,National Association Firm#862 One PNC Plaza, 20th Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/6763 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DISCOVER BANK CIVIL ACTION NO.: 2011-3119 CIVIL Plaintiff, vs. MICHELLE M LASHESKI Defendant, ANSWERS TO INTERROGATORIES IN ATTACHMENT and PNC BANK Garnishee ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank,N.A. the Garnishee("Bank"), files this response and states as follows: 1-1a. Unknown. The Bank has three accounts for the defendant under restraint. Each account has an electronic record showing two names and each account is coded as an entireties account. Defendant has asserted to Bank the accounts are held by the entireties. Each account has a paper record of a signer to the account which contains only the signature of the defendant. After allowance of the judgment defendant's cash exemption of$300.00 and deduction of a portion of the Bank's $100.00 service charge, there is an aggregate account balance of$0.00. 2. No. 3. No 4. No. 5. No. 6. Judgment defendant did obtain the $300.00 cash exemption. 7. No. • 8. No. 9. Objected to as outside the scope of Pa.R.C.P. no. 3144. 10. Objected to as outside the scope of Pa.R.C.P. no. 3144. 11. N/A 12. N/A WHEREFORE, PNC Bank, N.A. is unable to admit owing a debt to the judgment defendant and does not admit to holding tangible personal property of the judgment defendant. Respectfully submitted, PNC BANK,NATIONAL ASSOCIATION oezKold Lit/garnishee answers/Lasheski,Michelle 12032013 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank,N.A.;that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904,relating to unworn falsification to authorities. RE Discover Bank vs Michelle M lasheski DOCKET NO 2011-3119 Theresa A Dusch Team Lead, Garnishment Processing Position DATE: December 9,2013 Lit-233946.1 CERTIFICATE OF SERVICE PNC BANK, Garnishee, certifies that on December 11, 2013, a copy of the Answers to Interrogatories in Attachment was served via first-class U.S. mail to: the court where the Writ of Execution was filed; the plaintiff or counsel representing the plaintiff; and to the defendant(s). Date: 12/11/13 LC Kristen Kinander Paralegal F' OT HONG IAp WELTMAN,WEINBERG&REIS CO.,L.P.A. * - BY: Matthew D Urban,Esquire Attorney for Plaintif 4 JAN 16 PH 2. 3$ I.D.No. 90963 OUMSERL 436 Seventh Avenue, Suite 1400 PEN-N Pittsburgh,PA 15219 SYLVANIA Phone:412.434.7955 Fax: 412.434.7959 File# 8966527 DISCOVER BANK Cumberland County Court of Common Pleas VS. MICHELLE M LASHESKI NO. 11-3119 CIVIL and PNC BANK i Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s),PNC BANK, only. WELTMAN,WEINBERG&REIS CO.,L.P.A. By Matthew D Urban;Esquire Attorney for Plaintiff �q. 5° ot 4 WLX)<O(OS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 611 t' mt) e' THE PR LJ T H O 1 jW; JUN 16 PM 2: 3; CUMBERLAND COUNTY PENNSYLVANIA oFF;GEOFri' to,ERIFf, Discover Bank vs. Michelle M. Lasheski Case Number 2011-3119 SHERIFF'S RETURN OF SERVICE 11/20/2013 01:35 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Brianna Nornhold, 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. The writ of execution and notice to defendant was mailed on November 22, 2013 to Michelle M. Lasheski at 2535 Pheasant Drive, Mechanicsburg, PA 17055. 06/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST:. $88.76 SO ANSWERS, June 13, 2014 RONZ ANDERSON, SHERIFF (CI CuuntySuito Sherif', Toleosoft, Inc. 307 331s-