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HomeMy WebLinkAbout11-4019OTNONOTAR 20,I MAY - 2 R1 3: 38 CUMBERLAND COUNT' TENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ALBERT PRESSLEY Defendant No: I'_yp? q Cis COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09071244 C A Pit CXC Qa ? Q? 14 si s,9,u q q" e* 0s910y? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ALBERT PRESSLEY Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: ALBERT PRESSLEY 1012 SWARTHMORE RD NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2482 . 4. Defendant made use of said credit card and has a current balance due of $1975.55 as of March 03, 2011 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 29.990% per annum on the unpaid balance from March 03, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll' and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , ALBERT PRESSLEY INDIVIDUALLY , in the amount of $1975.55 with interest at the rate of 29.9906 per annum from March 03, 2011 plus attorneys' fees of $125.00 , and costs. James C Wa ro t,42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 434 7955 FAX: 12 338-7130 0907 4 C A Pit CXC This law firm is a debt collector attempf g to collect this debt for our client and any information obtained (v el 1 be used for that purpose. DISCOVER 22 SDSNSA010005835 ALBERT PRESSLEY 1012 SWARTHMORE RD NEW CLIMBERLND PA 17070-1707 PO BOX 6103 Illrssllnnssslrloolslsllnsl CAROL STREAM IL 60197-6103 Address, "oil ortelephonechange? 'nlinllnenrlllnlulunlnllunnllllrnullnilnn,nilnlnll Go to www.Dis wen com or print change in space above. II 000001986623626047604019755500000000197555 ,Opening Dale: February 1, 2011 Closing Dale: F Discover More Card Account Summary Account number ending in 2482 Previous Balance $1,975.55 Payments And Credits 0.00 Purchases + 0.00 Balance Transfsn + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest rhorgsd + 0.00 New 1,975.55 See Interest Charge Colcukstion section following transactions for detailed APR information Credit Line $1,600.00 Credit Line -Avoilobis $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 %.%IMWw%n W%Rlwa Anniversary Month March Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Coshback Soros Balance $ 0.00 To learn more, log in at www.Discowr.com ebrvary 22, 2011 pogo 1 of 2 Payment Information New Balance $1,975.55 Minimum Payment Due" $1,975.55 Payment Due Date March 17 2011 'Includes past due amount of $763.00 Lab Pay not- Warning: IF we do not receive your minimum payment by the dab listed above, you may how to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for now transactions may be increased up to the Penalty APR of 29.99% variable. If you would like information about credit counseling services, call 1.800347.1121 3 Easy Ways to Contact Us Manage Your Accowtt Online at www.Discover.com 1 Access your account securely at www.Disc~.com 2. Call I-800-DISCOVER (1-800347-2683) Please hove our Discovers card available Access free online tools like Paydown Planner to treats a plan to down your balance, sseur* access statements, pay b l y 3. Write to us at Discover, PO Box 30943, i ls 64ine and easily track all transactions Sant Lake City, LIT 84130 (Not a payment address( Males worth monk-find easy ry ways to cam your r money a For payments, Hsend to address on remittance or Di POI 03 C l St AL60T97 WO3 and redeem cash rewards scover, , aro rwm, - - - - - - -.- NW -Access your account eseurely-throughyour - - - - For TDD (Telecommunications Device for On Deaf) mobile phone assistance, please call 1-800347-7449. Transactions Trans. Pest n719dd Dab Dote Fees TOTAL FEES FOR THIS PERIOD $ 0.00 I via ad Onarg.d TOTAL MEREST FOR THIS PERIOD $ 0.00 '2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 35.00 TOTAL INTEREST CHARGED IN 2011 48.78 7ini Payment DusAc count Number ending in 2482 5 Enter Amount Enclosed Below L.-------- -_j Payment Due Date $ Mach 17, 2011 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $763.00. Phone and intemet payments must be made by 5:00pm ET for same day ?h Go p6rless and make your account information more secure with password- protected statements ony you can access. Learn more at discovercomlpaperkess. New Balance $1,975.55 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D' • ER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement onytime. • Sign up today at Discovw=m/paperisss 02010 Dixo Bonk, Mambo FDIC PAPEA.0310 N O ZWZ O? D 0 cn V 9071244 Questions? Visit www.Discovw.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683, VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Natasha Szczygiel• Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC servicing agent for Discover Bank, (Company) plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. WWR# 9071244 Albert Pressley 6011208942802482 DISCOVER BANK Plaintiff vs. ALBERT PRESSLEYY TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ;D-OFFICE +r .?? OT' ONOTARY ??? 9 J! 23 PM 1: 33 "tMMSERLANO COUNTY PENNSYLVANIA Civil Action No. 11-4019 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant ALBERT PRESSLEY above named, in the default of an Answer, in the amount of $2268.86 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $1975.55 from March 03, 2011 to @ the interest rate of 29.9900 Attorney's fees TOTAL $1975.55 $0.00 1 balance of June 15, 2011 per annum $168.31 $125.00 $2268.86 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. JJames C. rodt, 09071244 C A Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg /endant 15219 And that the last known address of the D is ALBERT PRESSLEY 1012 SWARTHMORE RD NEW CUMBERLND, PA 17070 a a t ? a) 14 1 sa3C -a, G ac? s-a JJbb(ZC NJ aA. 115d IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ALBERT PRESSLEY Defendant Case No. 11-4019 CIVIL IMPORTANT NOTICE TO: ALBERT PRESSLEY 1012 SWARTHMORE RD NEW CUMBERLND, PA 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 HAVEA 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. Y: 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 9071244 A PIT BS4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4019 CIVIL ALBERT PRESSLEY 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 , ALBERT PRESSLEY 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: ALBERT PRESSLEY 1012 SWARTHMORE RD NEW CUMBERLND, 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 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-20-2011 08:41:33 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency PRESSLEY ALBERT 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. Owyl In Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.htrnl. 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 naive and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:PO2J08UBUN 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. 11-4019 CIVIL ALBERT PRESSLEY 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 $2268.86 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 ( ) Arbitratioil Prothonotary I By: ALBERT PRESSLEY 1012 SWARTHMORE RD NEW CUMBERLND, 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 C, )UST OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y CIVIL DIVISION DISCOVER BANK Plaintiff "' r 3 VS. Civil Action No. 11-4019 CIVIL ALBERT PRESSLEY - 1()M 5(,)Q. IhmoY,e- rn CO r° Defendant(s) VtLo Cab. Ppr 17L? b ?G?. SOVEREIGN BANK AC-) Garnishee(;) a &Ylis1e I PRAECIPE FOR WRIT O =C) ' = °f F EXECUTION TO THE PROTHONOTARY: Kindly issue a `.?rit of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against ALBERT PRESSLEY , Defendant 3. against SOVEREIGN BANK... Garnishee 4. Judg)7errr Amount $ 2268. 86 Les.a Payrr,ents/credits received $ 0 Interest $ 7. 09 Costs SUBTOTAL: Coss (to be added by Prothonotary): a> aw%k %ai. sO pA aA? y S.Uo eagC- ga.oo y oo « << l< k a. sa in $ 2275.95 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, EsquK/ PA I.D. #47437 WELTMAN, WEINBERG & RE IS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 a) Z&4 &. 'S' OZ.& Ck.tr? 1(?6/?SLa 5 n WWR No. 9071244 d/ & IZY& J n( JAI/74' IN THE COU tT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 11-4019 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) ALBERT PRESSLEY Defendant(s) SOVEREIGN 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. 9071244 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4019 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From ALBERT PRESSLEY, 1012 SWARTHMORE ROAD, 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: SOVEREIGN BANK, 17 W. HIGH STREET, 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 $2,268.86 L.L. $.50 Interest $7.09 Atty's Comm % Due Prothy $2.00 Atty Paid $178.00 Other Costs: Plaintiff Paid Date: 8/1/11 Buell, Prothonotary David D (Seal) f . 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 SHERIFF'S OFFICE OF CUMBERLAND CO?I??I Ronny R Anderson ,.`F THE Sheriff Jody S Smith 4?t yip at ?t?r bar rfd AUG 1z AM 8 Q Chief Deputy OUMBERLA1HD CoUjj - j, Richard W Stewart PENNSYDi'AMA Solicitor ?FF Discover Bank vs. Albert Pressley SHERIFF'S RETURN OF SERVICE Case Number 2011-4019 08/05/2011 11:50 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, Sovereign Bank at 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to AARON DAVENPORT, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on August 8, 2011 to Albert Pressley at 1012 Swarthmore Road, New Cumberland, PA 17070. SO ANSWERS, 0?" A ugust 08, 2011 RON 7RERSON, SHERIFF William Cline, Deputy ;ei GouatySuite Sheri}t Te{aaeoft. Inc. It-gO11 ANSWERS TO INTERROGATORIES Account# 2291030566 Balance: $2,903.13 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $2,603.13 Account Holder: Albert B Pressley 1012 Swarthmore Rd New Cumberland, PA 17070-1707 c .. _rTJ n CD z c w or .: VERIFICATION I, Debbie Lewis, C.O.P. Process Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment 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. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank Debbie Lewis C.O.P. Process Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank VS. Albert Pressley CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows. William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Ave. Pittsburgh, PA 15219 Service by certified mail addressed as follows: Albert B Pressley 1012 Swarthmore Rd New Cumberland, PA 1 070-1707 Debbie Lewis C.O.P. Process Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 August 8, 2011 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsific ?tiors to authorities, that he/she is DEBBIE GREAVES (Name) ACCOUNTS SPECIALIST of SOVEREIGN BANK , garnishee herein, (Title) (Company) that he/she is dull authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrc,gator's<es are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR No. 9071244 nvrE oGATORIES M ATTkCHMENT 1. At tiie ti:;ie you were served or at any subsequent time did you owe the defendant any money or were you liable to h?.m vL any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him or any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? YES SEE ATTACHED 1 a. If tl:e any.-+ver to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or o-vv%d to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount ar d amount you owe or owed to defendant on each of such negotiable or other written instruments and the hrese:-;t location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or ovied to him; and the nature and amount of each of such liabilities. SEE ATTACHED 2. At t',e time you were served or at any subsequent time was there in your possession, custody or control of yourself and r.ie or more other persons any property of any nature owned solely or in part by the defendant. YES- SEE ATTACHED 3. At the tir,.e you were served or at any subsequent time did you hold legal title to any property of any nature owned solely ,-x part by the defendant or 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 a•Zy ti,rie before or after you were served, did the defendant transfer or deliver any property to you or to any person or ;:ace pursuant to your directions or consent and if so what was the consideration thereof? NO 6. At ony tijoe after you were served did you pay, transfer, or deliver any money or property to the defendant or to any persoft or place pursuant to his direction or otherwise discharge any claim of the defendant against you? NO 7. If yc,- arc- a bank or other financial institution, at the time you were served or at any subsequent time did the defendani hai a funds on deposit in an account in which funds are deposited electronically on a recurring basis and w%dch are identified as being funds that upon deposit are exempt from execution, levy or attachment under Penrlsyl•, ania 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 WWR No. 9071244 8. If y )u are a bank or other financial institution, at the time you were served or at any subsequent time did the defend. A have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt finds, d*id not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each acct. unt. NO- SEE ATTACHED 9. If t: e ansv,,er to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on tins in--timion. AUGUST 5, 2011 10. If the ans.ver to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, cQrtificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. AUGUST 5, 2011 11. If the res -)once to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposit;,d el.:ctronically on a recurring basis and which are identified as being funds that upon deposit are exempt from executio;., levy or attachment under Pennsylvania or federal law? NOT APPLICABLE 12. If tLe res,•,)nse to Interrogatory I I is in the affirmative, state the amount of non-exempt funds on deposit in the accoimi. NOT APPLICABLE WEL"rMAN, WEINBERG & REIS CO., L.P.A. By: W Lq??? William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 435 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9071244 l PI 3 > > L IBERLAND COUNT`;' PE1111 YLIardi? IN THE COURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOV!:R BANK Plaintiff vs. ALBER"f PRESSLEY Defendant SOVEREIGN BANK Garnishee No. 11-4019-CIVIL PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9071244 Q,rw? *6 1 cDpd ?k- 10 Ioga9 IR 120 PL04Ito wa? Ve IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. I 1-4019-CIVIL ALBERT PRESSLEY Defendant SOVEREIGN BANK Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, SOVEREIGN BANK, in the amount of $2,603.13, which is less than the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to lnterrc:ratorits. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9071244 I hereby certify that the ac!dress of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 17 W HIGH ST, CARLISLE, PA 17013 t-ug. 8. 20 11 1:53PM No. 3050 P. 6 INTERROGATORIES IN ATTACHMENT 1 _ At file time you were served or at any subsequent time did you owe the defendant any money or were you liable to hm .-m ou any negotiable or other written instrument, or did he claim that you owed him any money or were liable to .b.im .`e, any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? YES-' SEE ATTACHED I a. If the arl-Wer to Interrogatory 1 is in the of irinative, state the following: the amount . Of money you owe or ov,.d to defendant, snd, 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 preset; location of each of such instruments; the amount or amounts that defendant claims or claimed that you ow'o or, owed to him; and the nature and amount of each of such liabilities. SEE ATTACHED Z- At ti"e time you were served or at any subsequent time was there in your possession, custody or control of yourself and o:re or more other persons any property of any nature owned solely or in part by the defendant- YES- SEE ATTACHED 3. At.. the rir,,..e you were served or at any subsequent time did you hold legal title to any property of ,.ny nature owned sc.-lely, r>r part by the defendant or 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 Fad ao interest.? NO 5. At G.,y time before or after you were served, did the defendant transfer or deliver any property to you or to any person or r„ace pursuant to your directions -or consent and if so what was the consideration thereof? NO 6. At any rible after you were served did you pay, transfer, or deliver any money or property to the defendant or to and person, or place pursuant to his direction or otherwise discharge any claim of the defendant against you? NO 7. If ,vo,: ?.re a bank or other financial institution, at the time you were served or at any subsequent time did the defe•idani haFe funds on deposit in an account in which funds are deposited electronically on a recurring basis and wv ti::h are identified as being funds that upon deposit are exempt from execution, levy or attachment under 1'er: nsyl ania or federal law? If so, Identify each account and state the reason for the exemption, the amount being awituhF•ld under each exemption and the amount of funds in each account, and the entity electronically depusitirl; tLose funds on a recurring basis. NO WWR No. 9071244 Aug, 8, 2011 4 54PM No. 3050 P. 7 8. If },-)u are a bank or other financial institution, at the time.you were served or at any subsequent time did the defend,.:,t have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt Mrids, did.not exceed the amount of the general monetary exemption under 42 Pa_C,S. § 8123? If so, identify each account. PTO- SEE ATTACHED 9. If the ans v,,er to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories oz, this inr'ti-tution. AUGUST 5, 2011 10. If the an--'Ver to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, a rtificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. AUGUST 5, 2011 11. If the res,]onse to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposiLA elxtronically 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? NOT APPLICABLE 12. It the re rvnse to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the accc-mnt. NOT APPLICABLE WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG &r REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W1Z No. 9071244 plug. 8. 2011 4: 5? 'M No, 3050 P. 5 VlWI2VICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsiiic i.tions to authorities, that he/she is DEBBIE GREAVES (Name) __ACCOUNTS SE9&TA I.4 of SOVEREIGN BANK garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrolratur.'ses are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR No. 9x71244 Aug. S. 2011 4.5'"M ANSWERS TO INTERROGATORIES Nc.3050 P. 3 Account # 2291030566 Balance: $2,903.13 After allowing for the $300-00 exemption under 42 Pa.C.S. 8123 the balance in this accoun' is $2,603.13 Account Molder: Albert B Pressley 1012 Swarthmore Rd New Cumberland, PA 17070-1707 VERIFICATION 1, Debb4 Lewis, C.O.P. Process Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correm 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- Section 4094, relating ;a unsworn falsification to authorities- Sove eign clank By= -- Debbie Lewis '.O.P. Process Specialist Aug. 8. 2011 11:53P?V No. 3050 P. 4 IN THE CaOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank VS. Albert Pressley CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I ha, ,? served a copy thereof on each of the following persons in the manner indicated below- Service by first class mail addressed as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Ave. Pittsburgh, PA 15219 Service by c.:rtified mail addressed as follows: Albert B Pressley 1012 Swarthmore Rd New Cumberland, PA 70-1707 e bie Lewis G.O.P. Process Specialist Sovereign Bank MA1 M63-02-10 2 Morrisey Boulevard Boston, MA 02125 August 8, 2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4019-CIVIL ALBERT PRESSLEY Defendant SOVEREIGN BANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on _q I L111 (xx) Assumpsit Judgment in the amount of $2,603.13 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR T PUTY) SOVEREIGN BANK 17 W HIGH ST (:ARLISLE, PA 17013 ,?? ? '?? ? S 4 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9071244 DISCOVER BANK vs. ALBERT PRESSLEY and SOVEREIGN BANK Garnishee(s) "" Lj Attorney for Plaintiff(s) HONO T4 Y r'1I CT -6 AM 11: l' SERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas NO. I1-4019 CIVIL PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), SOVEREIGN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscribed Before me the _Z6 day of N ARYL UVayne A. 1 T ? ,1 t, ? 1eit?+: ?t ha ciN of p's115 a a q I I wi e ccmmisfi clr ' L_-- r r,.:rntcs. C't!nnm,u'inlT a15,oeldl;'n `31 By James Warmbrodt, Esquire Atto for Plaintiff 2011 Q4 %<?'Oa'P4 a tot 5571 D WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 C Phone: 412.434.7955 -0,3 -- -+ Fax: 412.434.7959 r rn-`, - File # 9071244 MM N o© ?Q DISCOVER BANK zn M" Q?I Plaintiff y,C Z -- o CUMBERLAND County -? Court of Common Pleas VS. NO. 11-4019 CIVIL ALBERT PRESSLEY Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By A! 5 Sarah E. Ehasz, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the day of ?,__ ' '2011 OTARY PUBLIC u!'tl)Lr JNwv+,:t OF PENNSYLVANIA ?___.... Notarial Seal Sheila i?evan, Notary Public Ross Tvip., Allegneny County My Cornmission Expires Nov. 15, 2014 f"IIIr i"'.§,d;SOCIA::R',-N OFMOTAmFs ?8.eo PO An`/ xw ac08 s55