HomeMy WebLinkAbout11-3508SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAndersoln FILED-OFFICE r
Sheriff
Jody S Smith
Chief Deputy
Richard W St
Solicitor
?. aq
2011 APR 20 PM 2' 00
C-UMBENRLAD COUNTY
Discover Bank
Case Number
vs.
Luann K. Dough rty 2011-3508
SHERIFF'S RETURN OF SERVICE
04/14/2011 08:1 PM'- Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 14,
201 at 2010 hours, he served a true copy of the within Complaint and Notice, upon the within named
def ndant, to wit: Luann K. Dougherty, by making known unto herself personally, at 911 Ohio Avenue,
Lem Dyne,' Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her
per nally the said true and correct copy of the same.
RYAN BURGETT, DEPUTY
SHERIFF COST:
April 18, 2011
.0'0
SO ANSWERS,
RON R ANDERSON, SHERIFF
(C) l..Gul(`f.SS. uite Snen't 7e P.,OS61f. I;t:;_
DISCOVER BANK
Plaintiff
vs.
LUANN K DOUGHERTY
TO THE PROTHONTARY:
L P.- I i
IN THE COURT OF COMMON PLEAS f 17 P 0 0- -r Ll 0 0 -, , D V
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION ,`< SI lij 2Q P 11 1 ; 2 4
« ,
"TUIMBETLAND DENNcVLVAN,1
Civil Action No. 11-3508 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant LUANN K DOUGHERTY above
named, in the default of an Answer, in the amount of $18826.12 computed as
follows:
Amount claimed in Complaint
Less payments / adjustments made
Interest on the remaining principa
$17309.53 from February 03, 2011
C the interest rate of 26.2400
Attorney's fees
TOTAL
$17309.53
$0.00
1 balance of
to May 26, 2011
per annum $1391.59
$125.00
$18826.12
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: i
James C. r rod-t,42524
09021588 C A Pit SJS
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400 Pittsburg /PA 15219
And that the last known address of the
LUANN K DOUGHERTY
911 OHIO AVE
LEMOYNE, PA 17043
endant is .
4I AI.06- ' "?
k)CA I' _ ertd I ItZ
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs
LUANN K DOUGHERTY
Defendant
Case No. 11-3508 CIVIL
IMPORTANT NOTICE
TO:
LUANN K DOUGHERTY
911 OHIO AVE
LEMOYNE, PA 17043
Date of Notice: silo I_
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) 248-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
BT
Matthew Urban
P.A.I.D.# 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
(412) 338-7130
9021588 A PIT AJ4
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LUANN K DOUGHERTY
Civil Action No. 11-3508 CIVIL
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 , LUANN K DOUGHERTY 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:
LUANN K DOUGHERTY
911 OHIO AVE
LEMOYNE, PA 17043
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
Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Jun-13-2011 07:05:11
'. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
DOUGHERTY LUANN Based on the information you have furnished, the DMDC does not 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).
1A iA
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/fag/pis/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).
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
https://www.dmdc.osd.mil/appj/scra/popreport.do 6/13/2011
Request for Military Status
Page 2 of 2
'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:R7BD942300
https://www.dmdc.osd.mil/appj/scra/popreport.do 6/13/2011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 11-3508 CIVIL
LUANN K DOUGHERTY
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following Order of Judgment
was entered against you on
(xx) Assumpsit Judgment in the amount of $18826.12 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
(xx) Default
( ) Verdict
( ) Arbitration A
Prothonotary
By:
Y
LUANN K DOUGHERTY
911 OHIO AVE
LEMOYNE, PA 17043
Plaintiff's address is:
a
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-3508 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s)
From LUANN K. DOUGHERTY, 911 OHIO AVENUE, LEMOYNE, PA 17043
(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:
METRO BANK, 20 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 $18,226.12
Interest $925.44
Atty's Comm %
Atty Paid $181.50
Plaintiff Paid
Date: MAY 2, 2012
L.L. $.50
Due Prothy $2.25
Other Costs
(Seal)
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
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LUANN K DOUGHERTY
Defendant(s)
METRO BANK
Garnishee(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against LUANN K DOUGHERTY , Defendant
3. against METRO BANK... Garnishee
4. Judgment Amount
Less Payments/credits received
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
R? Uaq , oo ?d a
y y. ao CRF
CIon ,oGIt «
lL1. co It It
a. So ""
$ ?), sb
Civil Action No. 11-3508 CIVIL
_fj
j-rj --s
QC-,
$18,826.12
$600.00 _ aa?0 • ??
$925.44
$19,151.56
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
2 aS k Q.
j2 9 a-7-714
?W?W('R-N?o. 9021588
( , /
Z?6-cvl
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
No. 11-3508 CIVIL
vs. P FOR WRIT OF EXECUTION
LUANN K DOUGHERTY
Defendant(s)
METRO 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. 9021588
t ?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LUANN K DOUGHERTY
Defendant(s)
METRO BANK
Garnishee(s)
Civil Action No. 11-3508 CIVIL
k& r5
INTERROGATORIES IN ATTACHMENT
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. 9021588
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LUANN K DOUGHERTY
Defendant(s)
METRO BANK
Garnishee(s)
Civil Action No. 11-3508 CIVIL
TO: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013
RE: LUANN K DOUGHERTY, 911 OHIO AVE, LEMOYNE, PA 17043
Suggested Reference No.: XXX-XX-1105
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. 9021588
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)? Defendant has a joint spousal account
1 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.
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?
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?
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?
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 I? im3ylvanI or federal law. if so, identify each account and stale 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.
WWR No. 9021588
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.
9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these
interrogatories on this institution.
10. If the answer to Interrogatory I 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.
By:
William T. Molczan, Esquir6
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. 9021588
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 Jennifer Hilbish
(Name)
Levy Specialist of Metro Bank, garnishee herein,
(Title) (Company)
that he/she duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best of his/her knowledge, information and
belief.
i
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: William T. Molczan, Esquire Attorney for Plaintiff(s)
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9021588
DISCOVER BANK
CUMBERLAND County
Court of Common Pleas
VS.
LUANN K DOUGHERTY,
NO. 11-3508 CIVIL
and
METRO BANK
Garnishee(s)
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
51??Tx :
'BERLAND COUi ?
rr r gj'jj yj ViMAl P
Kindly mark the above matter discontinued and ended as to Garnishee(s), METRO BANK, ,
only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
William T. olczan squire
Attorney for Plainti
Q.r?? s q, ??'Jd U1a
??a,58gs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK
VS.
LUANN K DOUGHERTY
PRAECIPE FOR APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for DISCOVER BANK
in the above case.
Date: December 18, 2014
NO. 2011-3508
475
Signature'TD N
Ste ' hen Se
Print Name
Eltman, Eltman & Cooper, PC
Firm
140 Broadway, 26th Fl
Address
New York, NY 10005