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HomeMy WebLinkAbout11-3564H LED-OFFICE r:;= THE PR0PH0N0TARvi 2011 APP I I PM !?: w I CUMBERLAND COUNP'I FENNSYLVAN A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. ) 1, tj 1 ?I I VS. COMPLAINT IN CIVIL ACTION JOHN SMITH Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8179639 P4-) -6)U 5LI-39 IWJI# del 7 43 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JOHN SMITH Defendant(s) Civil Action No. COMPLAINT IN CIVIL ACTION 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 ON AGENICES 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 COMPLAINT 1. Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are adult individual(s) residing at the address listed below: JOHN SMITH 1920 ELM ST NEW CUMBERLAND, PA 17070 3. Defendant(s) applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8254. 4. Defendant(s) made use of said credit card and has currently a balance due of $12120.34, as of FEBRUARY 10, 2010. 5. Defendant(s) is/are 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 29.99% per annum on the unpaid balance from FEBRUARY 10, 2010. A true and correct copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant(s) 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(s) has/have willfully failed and/or refused to pay the balance due to Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant(s), JOHN SMITH individually, in the amount of $12120.34 with continuing interest thereon at the rate of 29.99% per annum from FEBRUARY 10, 2010 plus attorneys' fees $125.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. J ames C. armbrodt, Esquire A LD. 4 524 WELT A , WEINBERG & REIS CO., L.P.A. 1400 opp rs Building 436 S ve h Avenue Pitts g , PA 15219 (41 4 4-7955 WWR#:8179639 VIJk :?'VtK $12,120s4 CARD 15 SDSN6A01 0006839 JOHN SMITH 25 HUNTERS CHASE ETTERS PA 17319-9056 ......... _....-,..._...-*- ----.... ...._.....-v --- $12,120.34 I Enter Amount Enclosed Below Payment Due Date $ ? 1, i February 10, 2010 Please make chack payable to Discover Card. Minimum ayyment due includes a past due amount ofp$2, 19.00. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. ??lrrll PO BOX 6103 I11 ..r11.11191111111 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986453531680459121203 400000001212034 Discover More Card Account Summary Closing Date; January 15, 2010 page 1 of 1 Account number ending in 8254 Previous Balance $12,120.34 Payment Due Date February 10, 2010 Payments And Credits 0.00 Minimum Payment Due $12,120.34 Purchases + 0.00 Credit Limit $10,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Chafes + _ __ 0.00 Cash Credit Available $0.00 New Balance = $12,120.34 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: April How Can We Help You? P 1. Visit Discovencom to pay your 6JI for no cost, view your l t t A i f d d a es ccount n ormation, earn an re eem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. Seethe Overlimit Fee section of the Cardmember Agreement for details. Finance Charge Summary Average Daily Nominal Transaction ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 15 days Purchases $0 0.08216% 29.99% F 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0 Balance Transfers $0 0.08216% 29.99% F 29.99% $0 $0 The rdt6s that apply to your Account are either fixed (f) or they may vory (V) as noted above EXHIBIT 1 Important Information. If there Is more than one page to this billing statement see the back of each page for additional important information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1-800-947-2663. Fri, In Case of Errors or 0 estlons About Your ill: If u thin ur b I wrnp or It you n ore Information about a traVa., on I?to to us on a sheaf at t coot 1 Sai['Lake City 4 % 30-0421 as soon as oam hear iron you no later an 0 d r sen !ia t i It oh rhl tha ar or problem appeared. Vou can telephone Us but ddnp so wt 1 notprose r Hghts. In your ve us of owing in arm on: I • Rur o n and A uthensusned error • e j''ar amoun • Desc the error and explai , if you can, why you believe there is an error. If you need more information, describe the Item you are unsure about a vo 1ua a You do not have to Pam any amount questiaU we eainnrrt are report you a adeiquta tt a are keUany a?Cfi(9d , C Otho4?teaat?rnKu youyou que?snonro not In question. While wen da S al R ;101 PC t Card Parra3ras: Ii have a rt>blem with the quality of Dods or services th rdhased with credit card, and i lave l errfth to the ern with the merchant, mot Rto tha r n ount d ou his qtly a r was ntpra than so m Ing r name state wi ll? o we wn or ?ttaes?ant or mare met you the advervsemen for or seMtxs, a11 purchases are covered ass am nt or ioacaU 0. 8u yyo?uur ant and a to on or this statement nth" e I (vi ed. Do not send ash. By send a ur c eck as d onl vvtooruurr u to use of on r cheCK to a an cp?un Vanster fro?md r fund acCOU t i D Hen I a?, the for the tlmouct the she' sent as a on from ns Ur ann rorilc ttf n 'Tulhds m pa ant an you not your check bat Iran yourver flnanclal your account as soon me y we you as a Sa n0 of ur ant ftmbe e l li yoir send ndence or other (tans with Y?ttr omen IT sin a payment to 1f re that the a its r th r e after fi g jeun T I fafd M3 VI rI r nt ai a nmct ?ustn+ d m s r an IL 6019 - 03. Ple se allow 7-1Q days fdr defivary, it your s retumdd' uve to resubmit it as an electronic d t your mtn um Davrnent or a awegw amount over the teleohone. and -you can set up automatic payments. Call us at 1-800-347-2683 or you can see= an Eli not us 1-800- eT-2883 or maU t the !?toomw !n the n r ants va In C wewrn tau ated on fie m y statemant?a r t, ?! ?yments applied dm" the np eye a a em amount may ass than on a putrvour cvcloeuDnot to c t bur?us. 'Late antsofmviossued anttos, or eerrrode 1ullts on mur each CredH f1p va?v e m rN®r'ontra% a0131 DE 1Bn8 ?3 ?"rer 9 0- 1 , ease n ures>r?hane t e num aid ?i stover 1 ngton. num r. Brace Per?d Ptsrehaasa ( Wk)'u We to Im Pen is Flnanoe arn II tra sace t f the T for the 11 1 eto ahmat fnstati t?isr he I nIs Occurrs, ct r e once, t o? S. Now Billa?n p olf rt' cUrnint IX 4Pe U Hance new S. vpu the ' ere s no a rchases tr?s app?9 a current bin?ng statement, c gr grace cos nces. IMcSNrrrwn aFYancednaroe s?t?imcpheS arde you a minimum FINANCE CHARGE oT 550 for any billing period fn which Periodic Finance Charges of p th F ft. it aoriur oAccount has an annual fee( I VII be filled at a InnNoof a aunnr!iversya r ur Accovunnt I? open. The amp nt of uf refundewvenlsi? close yourrmunt the ae srt the st?ement ey testteis?tatement onuI?h these is a You win ' durthing that Mode ma np or dell Yo use your 4ad e W sorrtt r trans ons Into roup? of rch see, stI advances and balance transfers an then further ort the it? the r Iasi rata Fa rthat!es sub ie to a 8 a?neUana to rdhases w to a ? IF nj Jeee oT the lit no p? o ar nsact?on ry. l u theVt"o mm c? Hance ages a on ca?t?Ory. (Average Dally Balance) times (days in billing period) times (Daily Periodic Rate). eno efer to the finance cha a sum a on yvoour blllin tems t for then amounts.) The we add the Periodic Fi ca Cha as or each to e tots Period cina?ce Char tar011 ccount The'RVeraga Daly ealancns?? shown as zero fuecause?ot a grace n aa s on u n nary frog Uorhs m od tiiaU the bpi which we im Peri?dl? plnance i we sun the ?lon up sit in aind pprrori i a each a ?te t nu sus 's drirus in for each categwy n to s I ante. ?yns that a on you In t Uhl s?e V q s to your AdCOUnt fter the close a n9 p?rlodin Ich occurs, in ?lhich case the ts be a to the dalN the first day of the billing pert n crt It Is pasted r Account, f ohs. rpeli that day I e o??c nonce a Qd on e s dellv bb?alance; Olt ?nY c iv?oaand is xo ?d iinst the batonce erhsn on ai. In catculaUnd the dlance or )rrst of the der the Ove r ce ttttitW transaction ca on the IaSL tray r pre ouS 1 n (wOpd evi0us days datfYy ba once" to 111 tees charrg?ed to r tam e s rchase transactio rY w(N the axe Orf Of A Trathsection Fee once Char aged whiCn are to the a rs ce tr nsacUon cat a d Balance Trans ran on ee once Cthardes whict added to?the a Iicabte an?e titm the s e explras, we move the un bas the b?anEe to the staard se transaction Gatq e re sptrcial roe has hsfer and the Rance Transfer Transatr ee notice ar the i :n term naiad under the pef?4lt Rates on we cave the u paid balancre apnrx transier and the nce rooster nsaction ee N z m 0 °o . Mac. 25. 2011 3:27PM No. 0493 P. 2 VE . ICATION 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 Szczv iel. Lea Placement Acco . Manager. (Name) (Title) of DB Servicing Corporation successor to D)~ S 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, (Signature) f WWR#08179639 John Smith 6011007280488254 F sLEO-4 F F I C E IN THE COURT OF COMMON PLEAS . H PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 70111 JUN 29 PM 1: vz DISCOVER BANK CUMBERLAND COUNTY PENNSYLVANIA Plaintiff vs. Civil Action No. 11-3564 CIVIL JOHN SMITH PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JOHN SMITH above named, in the default of an Answer, in the amount of $17110.41 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $12120.34 from February 10, 2010 @ the interest rate of 29.990% Attorney's fees TOTAL $12120.34 $0.00 1 balance of to June 15, 2011 per annum $4865.07 $125.00 $17110.41 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: V James C. 14arnibrodt,425 08179639 Q 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 Defendant is JOHN SMITH 1920 ELM ST NEW CUMBERLAND, PA 17070 0141 a'?{ ?14'to ?d L -r- Sa39ay01 (?obc.a rwai JeA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOHN SMITH Defendant Case No. 11-3564 CIVIL IMPORTANT NOTICE TO: JOHN SMITH 1920 ELM ST NEW CUMBERLAND, P 17070 Date of Notice-.. 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. by: c.--- - 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 8179639 A PIT AJ4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3564 CIVIL JOHN SMITH 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 , JOHN SMITH 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: JOHN SMITH 1920 ELM ST NEW CUMBERLAND, PA 17070 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 Adftk IF Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-20-2011 08:41:08 ?C Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency SMITH JOHN 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). 14. 444*, OWY, In V4 - 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 httv://www.defenselink.mil/fag/pis/P(-'09SLDR.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 6/20/2011 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:I4JK1J5P24 https://www.dmdc.osd.mil/appj/scra/popreport.do 6/20/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3564 CIVIL JOHN SMITH 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 $17110.41 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 ( ) ArbitratiQn Award Prothonotary By: JOHN SMITH 1920 ELM ST NEW CUMBERLAND, PA 17070 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE ; ,OUp T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3564 CIVIL JOHN SMITH - IIP b SPrir-t? vs Lane I K?oW p14 1-70-7 a3 3:P Y Defendants rn ?;:o SUSQUEHANNA 3:'1NK. ?? lR? (? P !?01 A ? Garnishee(s) ? ?s o-, PRAECIPE FOR WRIT OF EXECUTION 3> n ?C :Z ) A -- C -i TO THE PROTHO ?OTA2Y: c..a Kindly issue a Writ of Execution in the above matter... 1. dire;:'.eo to the Sheriff of CUMBERLAND County: 2. against 1.)RN SMITH , Defendant 3. again:!t SUSQUEHANNA BANK... Garnishee 4. Judgment Amount $ 17110.41 Less Payments/credits received $ 0 Interost $ 53.44 Cos,_. $ SUBTOT 5.L: $ 17163.85 Coats (io 1--e added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. BY: (/???? Q.mv William T. Molczan, Es re (0.1, 0o Cp,,r, PA I.D. #47437 te+ 00 WELTMAN, WEINBERG & REIS CO., L.P.A. 14.00 1400 Koppers Building 436 Seventh Avenue a `- o Pittsburgh, PA 15219 (412) 434-7955 V.d0 Ulm ?• 4. SOLL- da lpnno(?C1 J 1 S+ to y ?0. I WWR No. 8179639 WV4 OQ tr DSr,w'4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOHN SMITH Defendant(s SUSQUEHANNA DANK Garnishee(s; No. 11-3564 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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. 8179639 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3564 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From JOHN SMITH, 16A SPRINGERS LANE, NEW CUMBERLAND, PA 17070 (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: SUSQUEHANNA BANK, 1196 WALNUT BOTTOM ROAD, 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 $17110.41 L.L. $.50 Interest $53.44 Atty's Comm % Due Prothy $2.00 Arty Paid $195.00 Other Costs; Plaintiff Paid Date: 8/1/11 la - ? L David D. Buell, Prothonotary (Seal) ? By: 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 IN THE CC•URT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK: Plaintiff vs. Civil Action No. 11-3564 CIVIL { : ,Y M C- t =? cjr? ?© -- ?C C7 JOHN SMITH Defendant(s; SUSQUEHANNA BANK Garnishee(s) TO: SUSQUEH,'INNA BANK, 1196 WALNUT BOTTON RD, CARLISLE, PA 17013 RE: JOHN SM? ;'H , 1920 ELM ST, NEW CUMBERLAND, PA 17070 Suggested Reference. No XXX-XX-1228 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. Fa;?ur-: to do so may result in Judgment against you. B. Herei:i, 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 possi.ssion 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. Wr , or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the ;ntervenin,g period. WWR No. 8179639 ANSWERS TO INTERROGATORIES IN ATTACHMENT 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)? No. 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 woe 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/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 or more other persons any property of any nature owned solely or in part by the defendant. No. 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 in which defendant held or claimed any interest? No. 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? No. 5. At any time before or after you were served, did the defendant transfer or delivery any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? No. 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 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. 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 Pa.C.S. § 8123? If so, identify each account. No. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 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/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 or federal law?. N/A 1.2. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: August 8, 2011 4t ' ` Catherine M. Bush, Assistant Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor clurib"q'1X14 2011 AU 12 AF1 6: f? CUMBERLAND PENNSYLMNi Discover Bank VS. John Smith Case Number 2011-3564 SHERIFF'S RETURN OF SERVICE 08/05/2011 11:34 AM - 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, Susquehanna Bank at 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to TAMI MCKEE, FINANCIAL SERVICES REP., personally 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 August 8, 2011 to John Smith at 16A Springers Lane, New Cumberland, PA 17070. SO ANSWERS, August 08, 2011 RON R DERSON, SHERIFF lliam Cline, Deputy WE?.TMANT. WEINBERG & REIS CO., L.P.A. BY- Jame,;,, iw, ; mbrodt, Esquire Attorney for Plaintiff(s) I.D No.42521 d*(, Seventh Av,.•nue, Suite 1400 P',.tsburgh, :)A ; 5219 Phone: 412.z? 34.7955 Fax: 412.43,1.7939 File # 8179639 DISCOVEP- BA: -K vs. JOHN SN,) c'H any SUSQUEI,.ANN" BANK Garnishee(s) Cumberland County Court of Common Pleas NO. 11--3564 CIVIL I'VAECIPE TO DISCONTINUE ATTACHMENT EXECUTION i-O THE PR' )T1:ONOTARY: Kindly mark: d the above matter discontinued and ended as to Garnishee(s), SUSQUEHANNA BANK, only. C") C c c ? ern . t. w_ ' QC) C C) o ss = = c> yC C5 °M ``n WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to .;u, subscribed Befo-,e me .:.el/?_ day of August, 2011 JiN1-"CARR'Y F-"JBl 'C £ MM N- Nwp"4 ShgilP G. lkwAn, Nalr1? oublle Twp. 6?II henv ?+untY ?0MM w w N®v ti ?Ots MEMBER Jams YWarmbrodt, Esquire Att me for Plaintiff 8.00 P 4 ATTy Cl 10003(o & a(03s(oa SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,nderson S Smith of Deputy Richard W Stewart Solicitor t 4??r,ti of trur?b"'j414 1? i( ? ? ±ftl R?,?,? i?U?BEhjLM??u C?JU?yt?-?sryENNSYl.V??itx, Discover Bank Case Number vs. 2011-3564 John Smith SHERIFF'S RETURN OF SERVICE 08/05/2011 11:34 AM - 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, Susquehanna Bank at 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to TAMI MCKEE, FINANCIAL SERVICES REP., personally 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 August 8, 2011 to John Smith at 16A Springers Lane, New Cumberland, PA 17070. 03/22/2012 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: $88.13 SO ANSWERS, March 22, 2012 RON R ANDERSON, SHERIFF SD u Pa . Y3 Courn;?,ulte jhenff 7eleosutt, Inc.