HomeMy WebLinkAbout11-3782
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R?'' ER LkN'D COUNT'i'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION
Plaintiff
vs.
KIMBERLY S BANZHOFF
Defendant
No. \1-3W CjN' ?
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. 442524
Weltman, Weinberg & Reis, CO L.P.A
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W WR#8215186
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION
Plaintiff
vs. Civil Action No.
KIMBERLY S BANZHOFF
Defendant
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
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff is a corporation with offices in 30955 Northwestern Highway, Farmington. Hills,
MI 48334.
2. Defendant, is an adult individual residing at 1849 Market St, Camp Hill, PA 17011.
3. Defendant applied for and received a credit card from Advanta Bank Corporation bearing
the account number xxxxxxxxxxxx3777.
4. This account was subsequently assigned from Advanta Bank Corporation to Plaintiff.
5. Defendant made use of said credit card and currently has a balance due and owing to
Plaintiff, as of March 28, 2011, in the amount of $12,631.86. A true and correct copy of Plaintiffs
Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
6. Defendant is in default of the terms of the cardholder agreement having not made monthly
payments to Plaintiff thereby rendering the entire balance immediately due and payable.
7. Plaintiff avers that the cardholder agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges at the rate of 33.99% per annum on the unpaid balance.
8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, finance charges or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Kimberly S
Banzhoff, individually, in the amount of $12,631.86 with continuing finance charges thereon at the rate of
33.99% per annum from March 28, 2011, and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James C." armbrodt, Esquire
PA I.D. # 2524
Weltma einberg & Reis, CO L.P.A
1400 K ers Building
436 Se en h Avenue
Pittsb g PA 15219
(412) 3 7955
8215186
ADVANTA
Credit Cords for Small Hmi,-
Please check here if address, phone or
e-mail changes are indicated on reverse side
UNDERNEATH IT ALL
KIMBERLY S BANZHOFF
1849 MARKET ST
CAMP HILL PA 17011-4825
0 MAKE PAYMENT TO:
ADVANTA BANK CORP
PO BOX 8088
PHILADELPHIA,PA 19101-8088
I I I I 1111111111111111111111111111111111, 1I 1 1111111 1111111111 111
3777 0000000 aamao
Detach Top Portion and Enclose with Payment
ADVANTA PLAT 1 N U M
ADVANTA PLATINUM BUSINESS CARD STATEMENT B U S I N E S S C A R D
ACCOUNT SUMMARY BALANCE SUMMARY
Account Number 3777 Previous Balance 6,392.86
Total Credit Limit 5,000.00 (+) Purchases & Cash Advances 0.00
Total Credit Available 0.00 (+) Fees 0.00
Cash Advance Credit Limit 5,000.00 (+) Finance Charge 0.00
Cash Advance Credit Available 0.00 (-) Payments 0.00
Billing Cycle Closing Date 02/29/08 (-) Credits 6,392.86
Days In Billing Cycle 30 (_) New Balance 0.00
Payment Due Date NOW DUE
Minimum Payment Due 0.00
TRANSACTIONS
Trans Date Post Date Reference Number Activity Since Last Statement Amount
02/29 02/29
I F110700ECO0999990 CHARGE OFF ACCOUNT-PRINCIPALS
I
I 4,666.30
02/29
02/29 F I I0700E000999990
CHARGE OFF ACCOUNT *FINANCE CHARGES * 1,726.56
IMPORTANT NEWS
TOTAL *FINANCE CHARGE* BILLED IN 2007 $1494.31
TOTAL *FINANCE CHARGE* PAID IN 2007 $708.02
FINANCE CHARGES PAYMENT SUMMARY
Average Nominal Annual Daily Annual Finance Charges Payment Due 0.00
Daily Balance Percentage Rate Periodic Percentage Due to Daily Transaction + Amount Over Credit Limit 0.00
Rate Rate Periodic Rates Fees + Past Due Amount 0.00
Purchases 0.00 33.99% 09441% 33.99% 0.00 0.00 = Minimum Payment Due 0.00
Cash Advances 0.00 33.99% .09441% 33.99% 0.00 0.00
1
EXHIBIT
asoot EXHIBIT
PAYMENT INFORMATION
' Account Number: 3777
Payment Due Date: NOW DUE
New Balance: 0.00
Minimum Payment Due: 0.00
PLEASE WRITE IN
PAYMENT ENCLOSED:
FOR CUSTOMER SERVICE, PLEASE CONTACT US:
FOR Online: By Mall: Advanta Bank Corp. P.O. Box 30715, By Phone:
www.advanta.com Salt Lake City, UT 84130-0715 1-800-705-7255 Iff
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
5962 0000 X6D 1 5 13 080229 Z X Pam 1 of 1 1107 1000 P932 OIAA5962 0
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
t (NAME)
J -? _ of?/111 '"laintiff
( E) (COMPANY)
herein, that he/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 his/her
knowledge, information and belief.
(SIGNAT )
WWR# 8215186
R
,,
I THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION ..
FEDERATED FINA 3
NCIAL CORPORATION,
C-
rn--,,
ASSIGNEE OF AD ANTA BANK CORPORATION z=
r- r"" -'rrt
Plaintiff ? ?-n
ro
vs Civil Action No. 11-3782 CIVIL >? W ?
KIMBERLY S BA ZHOFF rv .?
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHO OTARY:
Kindly enter Judgment against the Defendant, KIMBERLY S BANZHOFF above named, in the default of an Answer,
in the amount of $ 3,136.54 computed as follows:
Amount c imed in Complaint $12,631.86
Interest from March 28, 2011 to June 21, 2011
at the inte est rate of 33.99% per annum $504.68
TOTAL $13,136.54
I hereby
R.C.P. 237.1 on
tify that appropriate Notices of Default, as attached have been mailed in accordance with PA
dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ,-'
James C. Warm odt, Esquire
PA I.D.#4252
Weltman, W to erg & Reis Co., L.P.A.
1400 Koppe B g.
436 Seven Av nue
Pittsburgh P 15219
(412)4347 5
WWR#8 186
Plaintiff's address is
c/o Weltman, Weinb
And that the last kno
& Reis Co., L.P.A., 1400 Koppers Building, 436 7ch Avenue, Pittsburgh, PA 15219
address of the Defendant is: 632 DEVON RD, CAMP HILL, PA 17011
14: 00 f d a?
-Sa4'1 (?s
2?-a?ta9s
THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF A VANTA BANK CORPORATION
Plaintiff I CASE#: 11-3782 CIVIL
KIMBERLY S
IMPORTANT NOTICE
TO:
Kimberly S Banz ff
632 Devon Rd
Camp Hill, Pa I7 I I
Date of Notice: _
W WR#:8215186
YOU RE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY R BY ATTORNEY AND FILE.IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIM 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 OULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPH NE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION BOUT HIRING A LAWYER.
IF YO 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 R NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
7sy: ?i
Matthew D. Urban, Esquire
P.A.I.D.# 90963
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
WWR #8215186
IN THE COMMON PLEAS COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED F ANCIAL
CORPORATION, ASSIGNEE OF
ADVANTA BAN CORPORATION
Plaintiff
Civil Action No. 11-3782 CIVIL
vs
KIMBERLY S
The
as follows:
Affiant
Servicemembe
Affiant further
KIMBERLY S W
that based upon investigation it is the affiant's belief that the Defendant,
F is not in the 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:
KIMBERLY S B NZH1
632 DEVON RD
CAMP HILL, PA 17011
Affiant f rther 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. 4904 relating to unsworn falsification to authorities.
NON-MILITARY AFFIDAVIT
is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states
rtes that the within Affidavit is made pursuant to and in accordance with the
Civil Relief Act (SCRA), 50 U.S.C. App. 521.
Request for IVIil itary Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
''age i of 2
Jun-27-2011 12:33:32
-K Last
Name
1? irst/Middle
Begin Date
Active Duty Status
Active Duty End Date Service
S Agency
BANZHOFF IMBERLY Based on the information you have furnished, the DMDC does not
S 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).
y6t JPA4-4?*_
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 cutrently 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.mi,l" URL http://w,?vw.defenselin.k.mil/fag/pis/PC09SI.,.D.R..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 rflects 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.
https://www.ddc.osd.mil/appj/scra/popreport.do 6/27/2011
Request for Military Status Page 2 of 2
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 IJ ARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under'! the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty c I ir to be inducted, but who have not actually begun active duty or actually reported for
induction. The t,ast 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:SVHkIH4T5U
https://www.dmdc.osd.mil/appj/scra/popreport.do 6/27/2011
THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FIN?NCIAL CORPORATION,
ASSIGNEE OF AD ANTA BANK CORPORATION
Plaintiff
Civil Action No. I 1-3782 CIVIL
KIMBERLY S BANZHOFF
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on
(xx) Assumpsit Judgment in the amount
of $13,136.54 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
Award
Prothonotary
By:
PROTHONOT* (OR UT
KIMBERLY S B NZHOFF
632 DEVON RD
CAMP HILL, PA 17011
Plaintiff's address is:
c/o Wel an, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
1-888-434-0085
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-3782 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION Plaintiff (s)
From KIMBERLY S. BANZHOFF, 632 DEVON ROAD, CAMP HILL, PA 17011
(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 $13,136.54
Interest $583.05
Atty's Comm %
Atty Paid $195.50
Plaintiff Paid
Date: April 9, 2012
(Sea!)
L.L. $.50
Due Prothy $2.25
Other Costs
David D. Buell, Prothonotary
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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION
Plaintiff
vs. ?J,?Civil Action No. 11-3782 CIVIL
KIMBERLY S BANZHOFF j ??ao 0?1 0 Xf )4VI1 Pp I-1t
Defendant(s) f ??y
METRO BANK AO NOb' e ?lUc •? "" l? ? ?? ? ? 1)ar3
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 KIMBERLY S BANZHOFF , Defendant
3. against METRO BANK, , , Garnishee
4. Judgment Amount
Less Payments/credits received
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
Cn
Pq
r- c3
ZC)
cr-?
C?J
t10
$ $13,136.54
$ $0.00
$ $583.05
$ $13,719.59
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: L-1?
William T. Molczan, Esq ' e
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
/t l? 4 bw9,'z Td A 436 Seventh Avenue
lJ? C Pittsburgh, PA 15219
ST •00
C)a 00 w (412) 434-7955
14. 00
u K
6), SO
-
461
. so c.L
W WR No. 8215186
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION
Plaintiff
No. 11-3782 CIVIL
vs. PRAECIPE FOR WRIT OF EXECUTION
KIMBERLY S BANZHOFF (BANK ATTACHMENT ONLY)
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. 8215186
f Aso
IN THE COURT OF COMM&lPPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION
Plaintiff
vs.
KIMBERLY S BANZHOFF
Defendant(s)
METRO BANK
Garnishee(s)
Civil Action No. 11-3782 CIVIL
f r'Slv?-
INTERROGATORIES IN ATTACHMENT
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. 447437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 8215186
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION
Plaintiff
vs.
KIMBERLY S BANZHOFF
Defendant(s)
METRO BANK
Garnishee(s)
Civil Action No. 11-3782 CIVIL
TO: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013
RE: KIMBERLY S BANZHOFF, 632 DEVON RD, CAMP HILL, PA 17011
Suggested Reference No.: XXX-XX-3171
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. 8215186
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)?
No Accounts
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 tenns, 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 arnounts 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 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.
WWR No. 8215186
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.
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.
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?
11 If the response to Interrogatory I 1 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. Mo czan, quire
PA I.D. 447437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 8215186
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating
to unworn 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.
IG1?A URE)
i
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
a,}th' pl tiltltlF?? A
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
,R
PENNSYLVAWA,
Federated Financial Corporation
vs.
Kimberly S Banzhoff
Case Number
2011-3782
SHERIFF'S RETURN OF SERVICE
04/13/2012 02:47 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 13,
2012 at 1447 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Kimberly s. Banzhoff, in the hands, possession, or control of the
within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania
17013, by handing to Darijo Celikovic, Customer Service Representative, personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to him/her.
The writ of execution and notice to defendant was mailed on April 17, 2012 to Kimberly s. Banzhoff at 632
Devon Road, Camp Hill, PA 17011.
SO ANSWERS,
April 17, 2012 RON R ANDERSON, SHERIFF
W uts , Deputy
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Matthew D. Urban, Esquire Attorney for Plaintiff(s)
I.D. No.90963
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 8215186
'10
M sOIJ I j t
FEDERATED FINANCIAL CORPORATION,
ASSIGNEE OF ADVANTA BANK CORPORATION
CUMBERLAND County
Court of Common Pleas
Vs.
KIMBERLY S BANZHOFF,
and
METRO BANK
Garnishee(s)
NO. 11-3782 CIVIL
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark the above matter discontinued and ended as to Garnishee(s), METRO BANK,,
only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Matthew D. Urban, Esquire
Attorney for Plaintiff
I hereby certify that the foregoing is a true and correct statement of the above case.
This statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities.
V q. 6- 00 aA?
?? ?o?aa?syJ
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
~RAnderson ~'ILEU-Q~F'iC~.
,riff
rody S Smith ~~,,~~,~~. at ~~e~~brr.~~~~ ~,~ ~H£ FR~TH~I~Q~I-~~'~'
Chief Deputy G, ~, , ~" Z~I~ I~~ "9 ~~ ~_
~~,~~'
Richard W Stewart ~ : ° t`sr' ~} ~'(
SoilCltO!' ~fit4~ nF HE SwER1~F ~~~'~~1v~~~~V Ii01~~IT`~
~~~NSYI.vaN~a
Federated Financial Corporation
vs. Case Number
Kimberly S Banzhoff 2011-3782
SHERIFF'S RETURN OF SERVICE
04/13/2012 02:47 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
13, 2012 at 1447 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Kimberly s. Banzhoff, in the hands, possession, or control
of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County,
Pennsylvania 17013, by handing to Darijo Cetikovic, Customer Service Representative, personally three
copies of interrogatories together with three true and attested copies of the writ of execution and made
the contents there of known to him/her.
The writ of execution and notice to defendant was mailed on April 17, 2012 to Kimberly s. Banzhoff at 632
Devon Road, Camp Hill, PA 17011.
11/09/2012 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: $87.92 SO ANSWERS,
November 09, 2012 RON R ANDERSON, SHERIFF
a ~ ~~ ~
. S~ ~~ ~.
+.cl ~ountyS'uite Sheriff: Teleosoft, Ira J~ ~4 ~ /CJ
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION—LAW
FEDERATED FINANCIAL cn
CORPORATION,ASSIGNEE OF : = c,a
ADVANTA BANK CORPORATIONj ' `".
Plaintiff :
: No. 11-3782 CIVIL y r-? -s
v. CTS
•
•
KIMBERLY S BANZHOFF
Defendants 140018.001
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE CLERK OF SAID COURT:
Enter our appearance on behalf of Plaintiff. Papers may be served at the
addresses set forth below.
DEMETRIOS H. TSAROUHIS
Date: January 20, 2014 Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION—LAW
•
FEDERATED FINANCIAL
•
CORPORATION,ASSIGNEE OF
ADVANTA BANK CORPORATION :
Plaintiff
: No. 11-3782 CIVIL
v.
•
KIMBERLY S BANZHOFF
Defendants . 140018.001
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
Entry/Withdrawal of Appearance has been served by United States first-class mail,
postage prepaid, upon the individual(s) at the address indicated below:
KIMBERLY S BANZHOFF
632 DEVON RD
CAMP HILL PA 17011
Respectfully Submitted,
vIETRIOS H. TSAROUHIS
rney for Plaintiffs
•rneyID # 88513
S. 9til Street
1.1entown, PA 18102
640-439-1500
DATE: January 20, 2014
1
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION- LAW
FEDERATED FINANCIAL
CORPORATION,ASSIGNEE OF
ADVANTA BANK CORPORATION,
Plaintiff
v.
KIMBERLY S BANZHOFF,
Defendant
: No. 11-3782 CIVIL
140018.001
PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY
Plaintiff, by and through its undersigned counsel, moves this Court for an Order
pursuant to Pa. R.C.P. No.4019 to compel Defendant to respond to Plaintiffs discovery,
and in support thereof says as follows:
1. Plaintiff filed suit against Defendant in this matter on 01/20/2014.
2. The Complaint was served and a default judgment was entered in favor of
the Plaintiff on July 1, 2011.
3. Thereafter, Plaintiff served discovery upon Defendant or Defendant's
counsel on 01/20/2014, a true and correct copy of which is attached hereto, made part
hereof, and marked Exhibit "A ".
4. Pursuant to Pa. R.C.P. 4006(a) (2), Defendant's responses to said
discovery were due within thirty (30) days of the above service date; however, no
response was received from the Defendant.
5. Plaintiff requested Defendant to answer said request by letters dated
03/19/2014 , a true and correct copy of which are attached hereto, made a part hereof and
collectively marked Exhibit "B."
C.
6. The information/documentation sought in Plaintiffs discovery is
discoverable under the Rules of Civil Procedure
7. Plaintiff has made numerous good faith attempts to obtain Defendant's
responses to said discovery amicably and without the need for Court intervention.
8. However, despite repeated requests, as the date of the filing of this
Motion, Defendant has continued to refuse to answer the Plaintiffs discovery.
9. Plaintiff has given Defendant or Defendant's counsel notice of the filing
and /or presentation of this Motion as indicated in the Certificate of Service attached
hereto.
10. Plaintiff requires an Order pursuant to Pa. R.C.P. 4019(a)(1)(i),
4019(a)(1)(viii) and 4019 (c)(5) compelling Defendant to answer said discovery,
WHEREFORE, Plaintiff respectfully requests that this Court enter an
Order pursuant to Pa. R.C.P. 4019(a)(1)(i), 4019(a)(1)(viii) and 4019 (c)(5) compelling
Defendant to answer Plaintiffs discovery
Respectfully Submitted,
D ' ETRIOS H. TSAROUHIS
Attorney for Plaintiff
Attorne' ID # 88513
21 S. 9t Street
Allentown, PA 18102
DATE:April 3, 2014
TS�KO0U8 LAW CiR0DP " /\T|0kNEYSAT}-Aw
Z) S.vvSTK[ET--SV|T[2V0`/\iLF}JT)x/N'Pal8|OZ
KIMBERLY S BANZHOFF
632 DEVON RD
CAMP H1LL PA 17011
Re:
January 20, 2014
FEDERATED FINANCIAL CORPORATION,ASSIGNEE OF ADVANTA
BANK CORPORATION v. KIMBERLY S BANZHOFF
Docket No: 11-3782 CIVIL
Our File Number: 140018.001
Dear KIMBERLY S BANZHOFF:
Please find the enclosed lokzTogutmics in Aid of Execution directed to you. Please
supply responses to the same within thirty (30) days of the date of this correspondence.
Please feel free to contact us at 010'439'1500 if you have any further comments or
concerns. Thank you in advance for your cooperation.
TSAROUH1S LAW GROUP
By: ./
t//.
'
Demetrios H. Tsarouhis
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
This cornmunicalioii is from a dcht collector. This is an altcmpt to co]lect a debt and any
information obtained will be used for that purpusc� Unless you dispute the validity nfddodeb�
or any thereof, receipt ofthis notice. the debt will be assurned to he a
valid by our ofFices. Ifyou notify our offices in writing within 30 days ofreceipt of tbi0001icc
that the debi. or any porlion thereof, is dispuied, our offices will provide you with verification of
the debt or copy of the Judgment against you, ific:1 a copy of such verification ofjudgment will be
mailed (o you by our offices
9ncnvc 010.6282440 " FAX: 610.465.8844 • onT@PAcocLscTowuzow
fihibit" 6
IN .I'E.:IE COIJRr OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
FEDERATED FINANCIAL
CORPORATION, ASSIGNEE OF
ADVANTA BANK CORPORATION
Plaintiff(s) : No.1 1 -3782 CIVIL
V.
KIMBERLY S BANZHOFF
Defendant(s)
To: KIMBERLY S BANZHOFF
632 DEVON RD
CAMP HILL PA 17011
140111 S (001
INTERROGATORIES IN AID OF EXECUTION
Plaintiffs is seeking to collect on the judgment which it has secured against you in this case and
needs inforniation about your assets. In aid of execution you are requested to answer the following
interrogatories pursuant to Pa. R.C.P. 3117. You are required under Pa. R.C.P. 4006 to file answers under
oath or verification to the following interrogatories within thirty days after their service upon you:
DEFINITIONS
1 . As used herein, the words —you" and "your" refer to defendant and defendant's agents,
representatives, attorneys and all other persons actine or purporting to act on behalf of defendant.
2. As used herein, the word "document" shall mean that original and any copy, regardless
of origin or location, or any book pamphlet, periodical, letter, memorandum, telegram, report, study,
handwritten note, working paper, or any other written, recorded, punches, or taped matter, however
produced, to which you have or have had access.
3. As used herein, "corporation," "company" or ''entity" shall mean any corporation,
partnership, sole proprietorship, company, entity or business operation.
4. As used herein, "communication" shall mean all conversations, whether oral or written,
all telephone calls, telegrams, letters, memoranda, documents, discussions or any other form of
communicat ion.
5. As used herein, "identify" or — identity" used in reference to an individual or person
means to state his full name, present business and private addresses, his present or last known occupation,
his employer, and employer's address.
1
6. As used herein, identify" or "identity" when used in reference 10 a corporation,
company, entity or institution means to state its full name and present address. any liclilious names under
which it operates, and the present owners, officers and directors thereof with their current address.
7. As used herein, "identify" or "identity" when used in reference to a document or
communication means to state the date, author, type of document or communication (e.g., letter,
memorandum, telegram, chart, etc.) or any other means of identifying it, its present location, and the
name and address of its custodian. If any such document of communication was, but is no longer, in your
possession or subject to your control, state what disposition was made of it and who presently has it.
INTERROGATORIES IN AID OF EXECUTION
1. State your full name, address, age and telephone number.
State other names do you use, ifany?
3. State the name(s), address(es) and age(s) of your present and /or former spouse and your
children, ifany.
4. With whom do you live?
5. Identify each of your dependents, if any.
6. State your occupation.
7. If you work for someone else, state the name of your employer, the address where you
work, the type of work you do, your gross pay per week and your take -home pay per week. If you receive
commissions from your employer, state the average amount of such commissions you receive each week.
8. If you are self - employed, state the nature of your self - employment; the address of your
office or place of business; the fictitious name under which you trade if any, your average gross annual
earnings; and your average net annual earnings.
9. Arc you associated in a business or professional partnership or joint venture? If so,
identify the partnership or joint venture and the members thereof; the nature of the business, the
percentage of your interest; the estimated value of your interest; your average gross and net annual
compensation; all documents relating to the formation and governance of the partnership or joint venture.
I0. Are you a principal of a closely held corporation? If so, identify the corporation, the
stockholders, directors, and officers, and their relationship to you, if any; the nature of the business; the
number of shares and par value of the stock held by you and each of your fellow stockholders; any
restrictions on the transfer of your stock; the market or repurchase value of your interest in the
corporation; all documents relating to your purchase and ownership of stock in the corporation; all
documents relating to incorporation of the corporation; bylaws, and stockholder's agreements.
I 1. State your gross taxable income as shown in your federal income tax returns for the years
2009 through 2012.
1 2. What is your present average monthly income from all sources?
13. What is the present average monthly income of your household from all sources?
2
I4. 1_ o you pay rent liar your present living quarters? If so. state the name and address of your
landlord and the amount of rent you pay per month.
15. Do you own the home in which you now live? If so, state:
a. who has title to the home in which you now live;
b. when was the property purchased, what the purchase price was, by whom it was
paid and what the source was of the funds used;
c. whether there is a mortgage on the property and, if so, state the name and address
of the mortgagee, the amount of the original mortgage, the amount of the current mortgage
balance, and the monthly mortgage payments; and
d. the current market value of the home in which you live.
16. Do you own any interest in any other real estate in this state or elsewhere either
individually or jointly with another individual or entity? If so, as to each such interest state:
. the fill address and location of the real estate;
b. the market value of the real estate;
c. the nature and extent of your interest in the real estate, including joint,
reversionary, remainder, leasehold, contingent, or beneficial interest;
d. the name, address and telephone number of any joint owner;
e. the date you acquired your interest;
the amount and source of the funds with which you paid to acquire such interest;
g. the identity of all documents which relate to your interest in the real estate and
the source of funds used to purchase the interest (include statements, passbooks, check registers,
etc);
h. if there are any mortgages on such real estate, state as to each mortgage:
the identities of the mortgagee, the mortgagor and the real owner;
ii. the identity of all documents relating to the mortgage and the underlying
obligation;
the amount of the original mortgage obligation;
iv. the outstanding obligation of the mortgage;
v_ the date on which the mortgage was executed; and
3
vi. the date on which and the >tiice in which the mortgage was recorded.
if any interest is held in trust for you. identify the trustor, trustee and identify any
documents relating thereto.
17.- Have you, or has anyone on your behal I, conveyed or transferred any of the real estate set
forth in Interrogatory no. 16? If so, state as to each conveyance or transfer:
a. the description of the real estate;
b. the interest which you conveyed or transferred;
c. the identity of the person to whom you conveyed or transferred that interest;
d. the consideration which you received;
e. the reason for the conveyance or transfer; and
f. the fair market value of your interest in the property at the time of its conveyance
or transfer by you.
18. Do you hold a mortgage or other security interest in any real estate? If so, as to each such
mortgage or other security interest state:
a. the description of the real estate;
b. the date when you acquired the mortgage or other security interest;
c. the identity of the assignor of the mortgage or other security interest, if any;
d. the outstanding balance due on the note or obligation which the mortgage or
other security interest secures;
e. the identities of the mortgagor(s), or party(ies) granting the security interest, and
the real owner(s);
f. the identity of any documents which relate to the mortgage or other security
interest; and
g -
the priority of the mortgage or other security interest.
19. Do you own a motor vehicle or any interest in a motor vehicle either individually or
jointly with another person or entity? If so, state as to each such vehicle:
a. the make, model, year, color, and serial number of the motor vehicle;
b. the name which appears on the registration or title certificates;
c. the location and current custodian of the motor vehicle;
d. the purchase price of the motor vehicle;
4
c. the balance due on any outstanding money see
[
crest in the motor vchic|�`
each person who paid any part of the purchase price or who has repaid or is
repaying any part of a purchase money loan, and the amount and source of the funds paid;
g. the rnarkct value ofthe motor vehicle;
h. the identity of all documents relating to the purchase of the motor vehicle,
evidence of 1ite or registration of ownership; and
the nature and value of your interest in the motor vehicle.
20. ldentify aIl iterns of tangible personal properly having a value of S100 or more which you
own either individually urj/indy with another person 01 entity including, but not limited to, jewelry, furs,
funiiture, office equipment, television sets, radios, record players, electrical upp|ionccs, power tools,
photographic cquipmcnt, ncxkno{un. musical instruinenls. coin or stamp collections. silver or china, and
for each item state the purchase price and date of purchase; the approximate value of each item; the seller
of each item; by whom each item was purchased; the source of funds used m purchase each item; the
nature and extent of your interest in each item; the name, address and telephone number of any joint
owner; the location of each item; the amount due on any outstanding purchase money security iotc/em,
conditional sales agreement, lease/sale agreement, or other encumbrances; the name and address of the
secured purty, conditional seller or lessor; and all documents relating m the purchase and ownership of
each item.
2] Do you own or have any interest in any corporate stocks, bonds, or other investment
contracts, including any option to purchase or sell a uccuh(y, either individually or jointly with another
individual or entity or in the name of any entity in which you have any ownership interest or other
involvement? If so, as to each such interest state:
a. the idenhiLy of such stock, bond or security;
b. the name in which such mock, bond or security is field;
c. the par or face value of such stock, bond or securiiy;
d. the rnarket valuc ofsuch stock, bond or security;
[
by whom such stock, bond or security was purchased and the source of funds
used to purchase such s(ncb, bond or security;
A. the name, address and telephone number o[ any joint owner;
b. the date(s) on which interest is payable on any bonds;
L
the maturity date of any bond; and
i
the identity ofany documents which relate to the purchase and ownership o'fsuch
5
stock. bond or security Including the actual stock. bond or.security certificates.
22. Identify any pension or 401(k) plan in which you have an interest; the nature of your
interest; the dollar amount or value of your interest; and all documents relating thereto.
23. Do you own or maintain any savings or checking accounts, certificates of deposit, money
market accounts, mutual fund accounts, or .IRA or Keogh accounts, either individually or jointly with
another individual or entity or in the name of any entity in which you have any ownership interest or other
involvement? If so. as to each such account or certificate state:
a. the identity of the institution in which you have the account;
b. the title and number or identifying reference of the account or certificate;
c. the identity of any joint owner of the account or certificate and the nature of your
joint ownership;
d. the nature of the account or certificate;
e. the purchase price of the certificate;
f. the dates and amounts of your deposits or contributions for the last 2 years;
g. the dates and amounts of your withdrawals for the last 2 years; and
h. the cut-rent balance of the account or value of the certificate.
24. Do you have a safe deposit box or other similar storage facility in your name (either
individually or jointly with another individual or entity), in the name of any entity in which you have any
ownership or other involvement (either alone or jointly with another entity or individual) or in which you
have placed personal property with a value in excess of $100? If so, as to each such box or facility state:
the identity of the institution in which you rent or maintain such safe deposit box
of facility;
b. the number under which such safe deposit box or facility is rented;
c. the name under which such safe deposit box or facility is rented; and
d. the contents of such safe deposit box or facility.
25. Identify any seat owned by you either individually or jointly with another person or entity
in any stock commodity or other exchange; the estimated value of the seat; by whorl the seat was
purchased and the source of the funds used to purchase the seat; the name in which the scat is held; the
name of joint owner; and all documents relating to the purchase and ownership of the seat; and
membership rules of the exchange.
26. Do you have any interest in any patent, copyright, or royalties or in any patentable
invention or copyrightable material? If so, identify:
6
a. the patent. copyrl_ht, or royalties or the patentable invention or copyrightable
material:
b. the nature of your interest;
c. the dollar amount or value of your interest; and
d. the identity of any documents relating to your interest.
27. Have you any uncollected debts, accounts receivable, or other monies that are due you? If
so, for each please state:
a. the identity of the debtors;
b. the date the debt was created;
c. the amount of the remaining debt;
d. the tenns of repayment, including the date on which the debt is due; and
c. the identity of any document which creates, evidences, or refers to the debt.
28. Are there any unsatisfied judgments of record in your favor in any action or have any
judgments been assigned to you by anyone? If so, for each please state:
a. the identity of the judgment debtor;
b. the identity of the suit, action, or legal proceedings relating to the judgment,
including the caption, the court in which it is filed, and the court term and number;
c. the identity of the assignor, if any;
d. the nature of the judgment; and
e. the status of the judgment and any execution proceedings.
29. Do you hold any security interest in or lien on personal property? If so, as to each such
security interest or lien, state:
a. the description of the personal property, including the identity of present owner;
b. the nature and amount of the security interest or lien, including the identification
of any court action involved;
c. the date when you acquired the security interest or lien;
d. the obligation secured by such security interest or lien; and
e. the identity of any documents which relate to the security interest or lien.
30. 1 -lave you any right, interest, financial advantage or prospect thereof under any contract,
7
insurance or other claim. cause of action or pending lawsuit in the courts of this or any ether state or in
the federal courts'? ll so. for each please state:
a. the identity of the contract, insurance claim, cause of action or pending lawsuit,
and any documents relating thereto;
and
b. the identity of the other party or parties involved;
c. the nature and current status of the contract, claim, cause of action, or lawsuit;
d, the known or estimated value of the same.
3]. Are you the beneficiary of any trust? If so, identify the name, address and telephone
number of the trustee, the duration of the trust and your interest therein, the amount of income you receive
from the trust annually, the amount of principal to which you are entitled upon distribution, the date of
distribution, and the identity of all documents relating to the creation of the trust.
32. Have you received any money, or interest in real or personal property under any will or
inheritance, or have you been notified of any interest in any decedent's estate since January 1, 2006? If so,
identify the decedent, the executor or administrator, the nature and value of your bequest, devise, legacy
or disurbutive share, and the date of distribution or expected distribution.
33. Do you have a will? If so, identify the property, real or personal, which is specifically
devised, bequeathed or otherwise disposed of by your will, and the person named as executor.
34. Do you have any title insurance, casualty insurance, collection insurance, homeowners
insurance or other insurance against loss or damage to property? if so, identify each policy, the issuer, and
the property, real or personal, which is insured thereby.
35. Are you the beneficiary under an insurance policy on the life of any other person? If so,
identify the policy, the issuer, the insured, the amount of the policy, the current value of the policy and
any other beneficiaries.
36. Do you have any insurance on your own life`? IC so, identify the policy, the issuer, the
amount of the policy, and the amount of premiums remaining to be paid.
37. Do you own or have an interest in any other assets not already disclosed? If so, please
identify the same and the current location.
38. identify each item of tangible personal property which you have in pawn; the name and
address of the pawn broker; the value oldie item; the amount of the pawn; and the terms of redemption.
39. Identify each item of tangible or intangible personal property owned by you either
individually or jointly with another person or entity which is subject to any outstanding security interest;
the, name and address of the secured party; the security agreement; the balance due on the underlying
obligation.
40. I-lave you sold, assigned, given or traded any tangible or intangible personal property or
interest in personal property with a value of $100 or more to anyone within the last 2 years? If so, as to
each transfer, please state:
8
a. the description o the property;
b. the interest which you/mnsfen-ed:
c. the identity of the person to whom you transferred !hc prope1y or interest
therein;
d. the date of the transfer
e. the consideration you received for .each transfer;
L hc reason for such transfer; and
the fair market vo|ur of the interest at the lime o[ your transfer.
41 Describe any money have you received and any money you have spent since January |.
2007?
42. Do you owe any federal, state or local taxes? ][m\ identify each taxi authority, the
period for which taxes are due, and the amount of taxes due.
43. Are you owed any federal, state or local tax refund? If so, identify each taxing authority,
the period for which taxes are due you and the exact or estimated amount of the refund.
44. Do you make, or are you under obligation or order 10 make, any child or spousal support
payments? If so, please specify for each such payment of obligation:
a. the identity o{ the recipient;
b. the idcntity of any court action relating to siich payments or obligations;
c. the amount ofsuch payrnents or obligations; and
d. the payment and delinquency history u[ such payments in the last two years.
45. Do you owe anyone money? If so, identify each creditor by name and address, the
amount due, and the terms of repayment.
46. Are you a member o[ any clubs? ]{so, identify each club, the amount ofclub dues, and
whether the dues have been paid and by whom.
47. Are there any pending suits, actions, legal proceedings or clairns ofany kind against you
or any inlerest you hold? I[so, as to each state the following:
a. the identity of the ouh, action or legal proceeding including the /idc, the court in
which it was filed, and the court term and number;
b. the identity of the other party or claimant;
c. he nature ofthe suit, action, proceeding or claini;
9
d. its known or estiimated value: and
e. the current status of the suit, action, proceeding or claim.
48. Other than the judgments which have issued against you in this case, are there any
judgments on record against you or any company or entity in which you have any interest? If so, for each
judgment please state:
a. The identity of the suit, action or legal proceedings relating to the judgment,
including the title, the court in which it is filed, and the court term and number;
b. the amount;
c. the identity of the individual or entity in whose favor the judgment exists;
d. whether payments have been made on account thereof by you or by any third
party, person or entity for you;
e. if the answer to item d. is yes, please identify amounts paid and the party, person
or entity who paid them; and
whether the judgment was satisfied and whether the satisfaction was recorded.
49. is any judgment creditor currently attempting to execute on any judgment or secure
information to aid in execution of any judgment? If so, as to each creditor, please specify:
a. the identity of the judgment creditor;
b. amount of judgment; and
c. nature of the current activities by the judgment creditor.
50. List any other liabilities or obligations not already disclosed.
DATE:January 20, 20I4
Respectfully Submitted,
DEMETRIOS H. TSAROUHIS
Attorney for Plaintiff
Attorney ID # 88513
21 S. 9ih Street
Allentown, Pa 18102
610 -439 -1500
10
VERIFICATION
1, , hereby verily that the statements contained in the foregoing
Discovery are true and correct to the best of my knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. $ 4904 relating to unsworn
falsification to authorities.
11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
FEDERATED FINANCIAL
CORPORATION, ASSIGNEE OF
ADVANTA BANK CORPORATION
Plaintiff(s)
KIMBERLY S BANZHOFF
Defendant(s)
: No.11-3782 CIVIL
POOH 001
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a tnic and correct copy of the
Inten-ogatories in Aid of Execution have been served by United States first-class mail, postage
prepaid, upon the individual(s) at the address indicated below:
KIMBERLY S 'BANZFIOFF
632 DEVON RD
CAMP HILL PA 17011
DATE: January 20, 2014
Respectfully Submitted,
DEMETRIOS H. TSAROUHIS
Attorney for Plaintiff
Attorney ID # 88513
21 S. 911' Street
Allentown, Pa 18102
610-439-1500
12
TSAROUHIS LAW GROUP • ATTORNEYS AT LAW
21 S. 9T" STREET —SUITE 200, ALLENTOWN, PA 1 8102
KIMBERLY S BANZHOFF
632 DEVON RD
CAMP HILL PA 17011
Re:
Docket No.:
Our file No.:
March 19, 2014
FEDERATED FINANCIAL CORPORATION,ASSIGNEE OF
ADVANTA BANK CORPORATION v. KIMBERLY S BANZHOFF, et.
aI.
11 -3782 CIVIL
140018.001
To Whom It May Concern:
As you are aware, I forwarded Interrogatories in Aid of Execution to you on or about
01/20/2014. I am writing this correspondence to inquire as to whether you will require any
additional time to complete the same and to make a good faith effort to resolve any discovery
disputes you may have. Kindly contact me at 610 -439 -1500 if you have any questions or
concerns. If I do not hear from you, I shall expect responses to the same within seven (7) days of
the date of this correspondence.
Please contact me at 610- 439 -1500 if you have any further comments or concerns.
Thank you in advance for your cooperation.
Very truly yours,
DEMETRIOS H. TSAROUHIS
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
This communication is from a debt collector. This is an attempt to collect a debt and any information
obtained will be used for that purpose. Unless you dispute the validity of this debt, or any portion thereof,
within 30 days after receipt of this notice, the debt will be assumed to be a valid by our offices. If you
notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is
disputed, our offices will provide you with verification of the debt or copy of the Judgment against you,
and a copy of such verification of judgment will be mailed to you by our offices.
PHONE: 610.439.1500 • FAX: 610.439.8760 • DHT @PACOLLECTIONS.COM
I Exhibit " 6 "1
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION- LAW
FEDERATED FINANCIAL
CORPORATION,ASSIGNEE OF
ADVANTA BANK CORPORATION,
Plaintiff
v.
KIMBERLY S BANZHOFF,
Defendant
: No. 11 -3782 CIVIL
: 140018.001
PLAINTIFF'S BRIEF IN SUPPORT OF MOTION TO COMPEL
ANSWERS TO DISCOVERY
The Plaintiff, by and through its counsel, Demetrios H. Tsarouhis, submits this
Brief in Support of its Motion to Compel Discovery Responses.
PROCEDURAL HISTORY AND STATEMENT OF FACTS
On or about 01/20/2014, Plaintiff filed a Complaint against Defendant in the
Court of Common Pleas of CUMBERLAND County seeking payment from Defendant.
The Complaint was thereafter properly served upon the Defendant(s). On July 1, 2011 a
default judgment was entered against the Defendant in the amount of $13,136.54. Despite
repeated demands, Defendant has failed to remit the balance due to Plaintiff.
On 01/20/2014, Plaintiff served upon Defendant its Interrogatories in Aid of
Execution. (See Exhibit "A" attached to Motion.) As of the date of the filing of this
Motion, Defendant has neither answered nor responded to Plaintiff's Interrogatories.
Plaintiff will be greatly prejudiced if these Interrogatories are not fully and completely
answered in a prompt fashion.
STATEMENT OF QUESTION PRESENTED
WHETHER THIS HONORABLE COURT SHOULD ISSUAE AN ORDER
TO COMPEL RESPONSES TO DISCOVERY TO WHICH NO OBJECTIONS
HAVE BEEN FILED AND TO WHICH RESPONSES ARE OVERDUE?
SUGGESTED ANSWER: YES.
ARGUMENT
Pa. R.C.P. 4006(a)(2) relating to Answers to Interrogatories provides that
Answers to Interrogatories are due within thirty (30) days after service of the
Interrogatories. While the rule contains provisions for the service of Objections, no
Objections to the discovery have been made by Defendant. In addition, Pa. R.C.P. 3117
specifically provides for Discovery in Aid of Execution in the event that a Plaintiff has
obtained a judgment against a Defendant.
In pertinent part, Rule 4019 of the Pennsylvania rules of Civil Procedure reads as
follows:
(a)(1) the Court may on motion, make an appropriate order if
(i) a party fails to serve answers, sufficient answers or
objections to written interrogatories under Rule 4005...
(vii) a party, in response to a request for production or
inspection made under Rule 4009, fails to respond...
(viii) a party...otherwise fails to make discovery or to obey an
order of court respecting discovery.
(c) The court, when acting under subdivision (a) of this rule
may make...
(5) such order with regard to the failure to make
discovery as is just.
Pa. R.C.P. 4019 (emphasis added).
Moreover, the explanatory note to Pa. R.C.P. 4019 relating to sanctions indicated
the appropriate procedure wherein full responses have not been made to discovery is to
first file a motion to compel compliance. See also Linker v. Churnetski Transportation,
Inc., 520 A.2d 502, 505 (Pa. Super. 1987), appeal denied 533 A.2d 713 (Pa. 1987) and
Griffin v. Tedesco, 513 A.2d 1020, 1023 (Pa. Super 1986).
At this point, Plaintiff requests the Court to enter an Order compelling Defendant
to do what is required of them, namely, provide answers to the Discovery in Aid of
Execution.
CONCLUSION
For the foregoing reasons, Plaintiff's Motion to Compel Discovery should be
granted and Defendant should be required to answer the Interrogatories within twenty
(20) days from the date of this Court's Order, or suffer the imposition of sanctions as this
Court deems appropriate and just.
Respectfully Submitted,
C�-
DEMETRIOS H. TSAROUHIS
I.D. #88513
Attorney for Plaintiff
21 S. 9t Street —Suite 200
Allentown, PA 18102
610- 439 -1500
Date: April 3, 2014
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION- LAW
FEDERATED FINANCIAL
CORPORATION,ASSIGNEE OF
ADVANTA BANK CORPORATION,
Plaintiff
v.
KIMBERLY S BANZHOFF,
Defendant
: No. 11 -3782 CIVIL
140018.001
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
Plaintiffs Motion to Compel Answers to Discovery have been served by United States
first -class mail, postage prepaid, upon the individual(s) at the address indicated below:
KIMBERLY S BANZHOFF
632 DEVON RD
CAMP HILL PA 17011
Respectfully Submitted,
DEMETRIOS H. TSAROUHIS
Attorney for Plaintiff
Attorney ID # 88513
21 S. 9th Street
Allentown, PA 18102
DATE:April 3, 2014
FEDERATED FINANCIAL : IN THE COURT OF COMMON PLEAS OF
CORPORATION, ASSIGNEE : CUMBERLAND COUNTY, PENNSYLVANIA
OF ADVANTA BANK
CORPORATION,
Plaintiff
v. : CIVIL ACTION — LAW
KIMBERLY S. BANZHOFF,
Defendant : NO. 11-3782 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO COMPEL
ANSWERS TO DISCOVERY
ORDER OF COURT
AND NOW, this 15th day of April, 2014, upon consideration of Plaintiffs Motion
To Compel Answers to Discovery, a Rule is hereby issued upon Defendant to show cause
why the relief requested should not be granted.
RULE RETURNABLE within 30 days of service.
iemetrios H. Tsarouhis, Esq.
21 S. 9th Street
Allentown, PA 18102
Attorney for Plaintiff
mberly S. Banzhoff
632 Devon Road
Camp Hill, PA 17011
Defendant, pro Se
:rc
BY THE COURT,