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Home My WebLink About11-36303 4. 3 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 2009-1916 vs. PRAECIPE FOR WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX (BANK ATTACHMENT ONLY) MICHAEL DAVID DECKER Defendant MEMBERS 1 ST FCU, Garnishee, LINDA L. BE.4 2D, P OTHON07ARY FILED ON BEHALF OF CD Plaintiff CD COUNSEL OF RECORD OF ` THIS PARTY: I I `? 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#7353807 n$ L z' w -c C wrogy- l-S/. 0 ?? vc G' `-4m ? ?s^? 4 r y m.? w t IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. MICHAEL DAVID DECKER Civil Action No. 2009-1916 Defendant MEMBERS I ST FCU, Garnishee "n-5 PRAECIPE TO INDEX WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX TO THE PROTHONOTARY: _ J Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MICHAEL DAVID DECKER, Defendant 3. against MEMBERS 1 ST FCU, Garnishee 4. and enter this writ in the judgment index (a) against MICHAEL DAVID DECKER, defendant, and (b) against MEMBERS 1sT FCU, as garnishee , as a lis pendens against real property of the defendant in the name of garnishee as follows: Any and/or all personal propegy belonging to the defendant(s) in possession of the garnishee(s). 5. Judgment Amount $ 3914.65 Interest $ 83.66 Costs $ SUBTOTAL: $ 3998.31 Costs (to be added by Prothonotary): $ WELTMAN BERG & REIS CO., L.P.A. B. Matthew D. ran, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2009-1916 MICHAEL DAVID DECKER Defendant MEMBERS 1 ST FCU Garnishee WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: MICHAEL DAVID DECKER Defendant(s); (1) You are also directed to attach the property of the defendant not levied upon in the possession of MEMBERS 1sT FCU, as garnishee, 1711 SPRING RD, CARLISLE, PA 17013 and to notify the garnishee that: a. An attachment has been issued; b. Except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; c. The attachment shall not include any funds in an account of the defendant with a bank or other financial institution i. In which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (i) the first $10,0000.00 of each of the account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law ii. Each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law iii. Any funds in an account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law (2) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify [him) such other person that he or she has been added as a garnishee and is enjoined as above stated Amount due .......................................... $ 3998.31 Costs to be added .................................. $ Prothonotary Deputy DWUD: f-I l" .24 -Q611 VVRff7353M IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 2009-1916 vs. PRAECIPE FOR WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX (BANK ATTACHMENT ONLY) MICHAEL DAVID DECKER , 'a?c ? i?l f' u ShPP?shu?-??9- l7ZS 7 , ? Defendant MEMBERS 1sT FCU, I Spn,?? ? ? ?? s I AW : z; r Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY:` > CD 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#7353807 LINDA L. BEARD, P:;OTHONONRY RMXWED APR 16 2011 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL DAVID DECKER Defendant and MEMBERS 1 ST FCU Garnishee //- 8036 No. 2009-1916 '4161 ' ?3 161 INTERROGATORIES IN ATTACHMENT MEMBERS 1sT FCU FILED ON BEHALF OF: Plaintiff ^?r V .a- a"1 U Y kjA ca -? C) i r C #'T,'. ay C:) 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#7353807 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No.: 2009-1916 MICHAEL DAVID DECKER Defendant and MEMBERS 1 ST FCU Garnishee TO: MEMBERS 1 ST FCU Suggested Reference No.: XXX-XX-5947 1711 SPRING RD CARLISLE, PA 17013 RE: MICHAEL DAVID DECKER 17 LURGAN AVE SHIPPENSBURG, PA 17257 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. r 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 h ? I a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. u 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. h? 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? n0 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? V )C' 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 Pennsylvania or federal, J #,dentify e d swe the reason for the exemption, the amount being withheld under each exemption aril the amount orkncls in each account, and the entity electronically depositing those funds on a recurring basis. In 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 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. NN 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. '? V_ 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? h 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. Y) 1,r? WELTMAN, WEINBERG & REIS CO., L.P.A. 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#7353807 A MEMBERS V FEDERAL CREDIT UNION April 15, 2011 Michael D. Decker 17 Lurgan Ave Shippensburg, PA 17257-1621 Account Number: XXX749 Name on Account: Michael D. Decker Savings: $5.00 -5.00 (Membership Fee) $0.00 Holiday Club: $210.13 Checking: $1,291.06 - 50.00 (Processing Fee) $1,241.06 Payroll: DFAS-CLEVELAND $300.00 Statutory Exemption was not taken out. Jvt?6?6.qu4ll Tania S. Young Deposit Operations A yst 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 unsworn 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. (SIGNATU E) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff I' I LEQ OFFIC, Jody S Smith'' THE PR0 7110 NO TAP, Chief Deputy Richard W Stewart APR 18 22 Solicitor rU PMBERLAND EN Y CO LVANIANT?' I(- 3(x30 Discover Bank vs. Michael David Decker Case Number 2009-1916 SHERIFF'S RETURN OF SERVICE 04/15/2011 09:17 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2011 at 0917 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael David Decker, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kimberly K. Whitaker, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 18, 2011 to Michael David Decker at 17 Lurgan Avenue, Shippensburg, PA 17257. SO ANSWERS, April 18, 2011 R a ?cA=ON, SHERIFF ? NDERS e e Guts a , Deputy .u rt. i ri ?ofi' Ir:7. SHERIFF'S OFFICE OF CUMBERLAND COUNTY sonny R Anderson Sheriff ??801 sit climb, w rt V .isY f OFFICE OFT, i Sn ZRiFF 3.: THE PtROTHmq? `8'R, Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 JAN 20 PM 2: 4 I CUMBERLAND COUNTY PENNSYLVANIA / / 31,ae Cuk-d Discover Bank Case Number vs. 2009-1916 Michael David Decker SHERIFF'S RETURN OF SERVICE 04/15/2011 09:17 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2011 at 0917 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael David Decker, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Ctedit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kimberly K. Whitaker, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 18, 2011 to Michael David Decker at 17 Lurgan Avenue, Shippensburg, PA 17257. 01/20/2012 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: $98.88 January 20, 2012 jpj CcuniySUIte Shenff. Teieosott. Inc. SO ANSWERS, 04 U RON R ANDERSON, SHERIFF