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HomeMy WebLinkAbout11-4023:40 , ?OT?OTA ?j 1 r?. 1 v LAND COUNT`. ,. rs??NSYt?VAN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: vs. COMPLAINT IN CIVIL ACTION ERICK C JENSEN AKA ERICK JENSEN Defendant 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 09070260 C A Pit CXC auk Qga.cc pd o- UAt'sm a ILIA ?" V-*- L? Sy'&g0e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ERICK C JENSEN AKA ERICK JENSEN 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: ERICK C JENSEN 141 W LOUTHER ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1191 . 4. Defendant made use of said credit card and has a current balance due of $9549.01 , 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 21.240% per annum on the unpaid balance from March 03, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant 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 , ERICK C JENSEN INDIVIDUALLY , in the amount of $9549.01 with interest at the rate of 21.240% per annum from March 03, 2011 plus attorneys' fees of $125.00 , and costs. vames L. warmoroau,4zbz4 WELT WEINBERG & REIS CO., L.P.A. 436 enth Avenue, Suite 1400 Pit rgh, PA 15219 (41 ) 434-7955 FAYI: 12-338-7130 09 7 260 C A Pit CXC This law firm is a debt collector att ting to collect this debt for our client and any information obtai will be used for that purpose. New Balance r Minimum Payment Due 1 Account Number ending in 1191 DISCOVER $0.00 r $1,731.00 Enter Amount Enclosed Below Payment Due Date March 23, 2011 28 SDSN6A01 0004852 ER ICK JENSEN Go paperless and make your account information more secure with pasam ard. 141 W LOUTHER ST protected statements only you can acxess. CARLISLE PA 17013-2938 earn more at discovercomlpaperless. PO BOX 6103 I?Irrrllrrrrrlrllrrlrllrrrl CAROL STREAM IL 60197-6103 Address, *-mail or telephone changof ??? ??runr?Ilr?u?unL??um????nnJlrl?nnJ?uln?? Go to www.Wwww.com or print change in space above. n r r 000001986458268331127000000000000000173100 - - - - - - - - - --?st?- .." - Opening Dab: February 27, 2011 - Closing Dab: Fe! D'iwscover More Card Account Summary Account number ending in 1191 Previous Balance $9,549.01 Payments And Credits 9,549.01 Purchases + 0.00 Balance Transient + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Intaesf Charged + 0.00 New Ba reap -$0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $8,800.00 Credit Line Available $0:00 Cash Advance Credit line $4,400.00 Cash Advance Credit Line Available $0.00 nary 28, 2011 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $1,731.00 Payment Due Date March 23, 2011 Late Payrnerk Warning. IF we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 26.24% variable. Manage Your Account Online at www.Discw4w.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us CosNbaclc BWIU5• Anniversary Month 1 Access your account securely at www.Discover corn ?' 2. Call 1.800-DISCOVER (1-800.347.2683) February Please have your Discover* card available Opening Cashback Bonus Balance $ 0,00 3. Write to us at Discover PO Box 30943, New Cashbock Bonus This Period + 0.00 Salt Lake City, UT 84150 (Not a payment address) For payments, please said to address on remittance or Cashbeek Saws Balance $ 0.00 Discover, PO x 6103, Card Strum, IL 60197.6103 To learn more, toe in of www-DleeewH corn For TDD (feloeommunicafions Device for the Deal) assistance, pkraae call 1.800.347-7449, Yransadons Trans. Post PayrnonM and Credits Feb 28 Feb 28 INTERNAL CHARGE-OFF $ -9,549.01 Foos TOTAL FEES FOR THIS PERIOD $ 0.00 LtirasfS6ot+aed - _ _ _ _ _ _ _ ?QTALNti7F2ESL EtJF ? PEIIDD _ _ _ _ _ - $_ _ _ _ 4 0D _ _ _ _ 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 If 70.00 TOTAL INTEREST CHARGED IN 2011 302.01 9070260 OTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, 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 anytime. • Sign up today at Discove+rconn/paperhas 02010 Dis"o Bonk. M•mbm FDIC PAPER.0310 (a O V! 2 m D _o NN X N 9070260 Questions? Visit www.Disco~.com or call 1-800-DISCOVER 11.800.347-2683). DISCOVER VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha 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# 9070260 Erick C. Jensen 6011002127211191 DISCOVER BANK Plaintiff vs. ERICK C JENSEN AKA ERICK JENSEN TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS .: TH ??? ROT?iTHONO CUMBERLAND COUNTY, PENNSYLVANIA 4' z HE TAft` CIVIL DIVISION 2011 npi 29 PH I. 48 CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 11-4023 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant ERICK C JENSEN AKA ERICK JENSEN , above named, in the default of an Answer, in the amount of $10250.82 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $9549.01 from March 03, 2011 to @ the interest rate of 21.2400 Attorney's fees TOTAL $9549.01 $0.00 1 balance of June 15, 2011 per annum $576.81 $125.00 $10250.82 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, By: James 09070260 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, And that the last known address of the Def ERICK C JENSEN AKA ERICK JENSEN 141 W LOUTHER ST CARLISLE, PA 17013 & REIS CO., L.P.A. =roclt, 4 Pit SJS 15219 nt is arm S1L/ 06 PJ aN C K- Sa 39 ay4( x411 15Cl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs ERICK C JENSEN AKA ERICK JENSEN Defendant Case No. 11-4023 CIVIL IMPORTANT NOTICE TO: ERICK C JENSEN 141 W LOUTHER ST CARLISLE, PA 17013 Date of Notice: (Q YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINB? 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 9070260 A PIT M4Z DISCOVER BANK Plaintiff vs. ERICK C JENSEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 11-4023 CIVIL NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant , ERICK C JENSEN AKA ERICK JENSEN , 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: ERICK C JENSEN AKA ERICK JENSEN 141 W LOUTHER ST CARLISLE, PA 17013 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 ldmdmmka? IF Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-20-2011 08:43:02 <y Last Name First/Middle Begin Date Active Duty Status Active Duty End Date S ervice Agency JENSEN ERICK 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. 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 "defense link.mil " URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the https://www.dmdc.osd.mil/appj/scra/popreport.do 6/20/2011 Request for Military Status Page 2 of 2 National, Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:LSB9R1 LR04 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. 11-4023 CIVIL ERICK C JENSEN AKA ERICK JENSEN NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that fo owing order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $10250.82 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! Prothonotary By: ERICK C JENSEN AKA ERICK JENSEN 141 W LOUTHER ST CARLISLE, PA 17013 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 i { IN THE (_ OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-4023 CIVIL ERICK C JENSEN -1 y I w . s?'??s?? i 'Pit 17013 mcp ? M Defendant(s) max? a l,h h S4. P1 l-lor3 70 , SOVEREIGN BANK Garnishee(s) yo PRAECIPE FOR WRIT OF EXECUTION -= TO THE PROTHONOTARY: cat ' Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. aga '.-st ERICK C JENSEN , Defendant 3. aga,Wst SOVEREIGN BANK, , , Garnishee 4. Judgment Amount $ 10250.82 Less Payments/credits received $ 0 Inte, est $ 32.02 Costs $ SUBTOTAL: $ 10282.84 Cost:, (to be added by Prothonotary): $ CS) a%K* ?ay.so pd a 39. oo r-cv 00 pp Ls M a. Zsb %j„ -ii -I I ?001-1 C, WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esqufre PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 $ a, OD Cl Is VP 12 ac,Dacoor WWR No. 9070260 ?JIJr't?' C% ?x ?s uz- "r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 11-4023 CIVIL vs. PRAECIPE FOR WRIT OF EXECUTION ERICK C JENSEN (BANK ATTACHMENT ONLY) 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. 9070260 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4023 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From ERICK C. JENSEN, 141 WEST LOUTHER STREET, CARLISLE, PA 17013 (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 WEST 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 $10,250.82 Interest $32.02 Atty's Comm % Atty Paid $167.00 Plaintiff Paid Date: 8/1/11 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 Other Costs: David D. Buell, Prothonotary Deputy 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 COUNTY Ronny RAnderson THE ILED Sheriff ?iurifJody S Smith Chief Deputy Richard W Stewart Solicitor 9Wi1 L 'tFFI E . ('.:C IFC 2011 AUG 12 AN E: 03 CUMBERLA 40 CUU 4 PENNSYLVANIA Discover Bank Case Number S. 2011-4023 Erick C. Jensen SHERIFF'S RETURN OF SERVICE 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 Erick C. Jensen at 141 W. Louther Street, Carlisle, PA 17013. SO ANSWERS, August 08, 2011 RON R DERSON, SHERIFF 4"111liam Cline, Deputy (C) COLPINSuIle Sher& leieora°t_ Inc. y I_ . L'E ..,? r C E E.? s'R0T11 Q0N0TAR.;" L2 1 j 22 P !: 26 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ERICK C JENSEN Defendant(s; SOVEREIGN BANK Garnishee(:.) Civil Action No. 11-4023 CIVIL ?nsvjm 40 INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9070260 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4023 CIVIL ERICK C JENSEN Defendant(s) SOVEREIGN BANK" Garnishee() TO: SOVEREGG2 BANK, 17 W HIGH ST, CARLISLE, PA 17013 RE: ERICK C JF.NSEN, 141 W LOUTHER ST, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-5758 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. Wl.,ile 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. 9070260 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 Nin on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to hi;.i for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? See Attached 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. See Attached 2. At the. tine 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. Yes 3. At he time you were served or at any subsequent time did you hold legal title to any property of any nature owned sol•aly or part by the defendant or in which defendant held or claimed any interest? No 4. At tl?° 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-iy 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? No 6. At ?:tiy 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? No 7. If } o:! 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 Pennsv"wania 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 chose funds on a recurring basis. No WWR No. 9070260 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. Yes - See Attached 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. 8/5/11 to. 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. 8/5/11 11. If tl;,. response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N/A 12. If the response to Interrogatory 1 l is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A WELTMAN, WEINBERG & REIS CO., L.P.A. By: (N^l? / ??`Z? William T. Molczan, Esquiy? PA I.D. #47437 ?7 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9070260 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsificrtions to authorities, that he/she is Camille Neuwinger (Name) C.O.P. Lead Specialist 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 Interrogatories are true and correct to the best of his/her knowledge, information and belief. a ) WWR No. 9070260 ANSWERS TO INTERROGATORIES Account# 1671000811 Balance: $370.12 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $70.12 Account Holder: Erick C Jensen Denise A Jensen 141 W Louther St Carlisle, PA 17013-2938 Account# 1671016696 Account Holder: Erick C Jensen Denise A Jensen 141 W Louther St Carlisle, PA 17013-2938 VERIFICATION Balance: $40.36 I, Camille Neuwinger, C.O.P. Lead 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 By: Camille Neuwinger C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank VS. Erick C Jensen CERTIFICATE OF SERVICE 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 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: Erick C Jensen 141 W Louther St Carlisle, PA 17013-2938 Camille Neu C.O.P. Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 August 16, 2011 s l_ _ lElf(i C l?+ i 11NO IA CI S#P 71 PA 12: IBERLAND COUNT;;' IN THE,'C`OURT OF COMMON PLEAW '(WM ,AND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ERICK C JENSEN Defendant SOVERLIGN BAN''. %i: rn ;,;hee No. 11-4023-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 WWR49070260 ate{ uw.oori at? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. l 1-4023-CIVIL ERICK C JENSEN Defendant SOVEREIGN BANK Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PRGTHOI ,0TARY: Kindly ent:.r J!.Agment against the Garnishee, SOVEREIGN BANK , in the amount of $110.48, which is less ? ha-: the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to lnterrc-gator ,;s. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA l.D.00963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9070260 1 hereby certify that the address of the Plaintiff is: c/o Weisman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`t' Avenue, Pittsburgh, PA 15219 Ana that the last known address of the Garnishee is: 17 W HIGH ST, CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ERICb. C JENSEN Defendant(s; SOVEREIGN BANK Garnishee(:) Civil Action No. 11-4023 CIVIL INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9070260 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ERICK C JENSEN Defendant(s) SOVEREIGN BANE" Garnishee(;,) Civil Action No. 11-4023 CIVIL TO: SOVEREIG` I BANK, 17 W HIGH ST, CARLISLE, PA 17013 RE: ERICK C JFNSEN, 141 W LOUTHER ST, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-5758 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 !hen in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee'.; 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. 9070260 INTERROGATORIES IN ATTACHMENT 1. At the tine you were served or at any subsequent time did you owe the defendant any money or were you liable to r n on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to hi;.i for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? See Attached 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or oived to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. See Attached 2. At the. tine 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. Yes 3. At he time you were served or at any subsequent time did you hold legal title to any property of any nature owned sol,Iy or part by the defendant or in which defendant held or claimed any interest? No 4. At th?? 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.iy 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? No 6. At ?:,ry 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? No 7. If Yoz? 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 Pe-ans' crania 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 chose funds on a recurring basis. No WWR No. 9070260 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. Yes - See Attached 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these inter-rogatones on this institution. 8/5/11 10. If the answer to Interrogatory I is in the affirmative, state the date the written instrument, checking or savings account, certif.cate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 8/5/11 1 l . If th response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N/A 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A WELTMAN, WEINBERG & REIS CO., L.P.A. By. William T. Molczari, Esquiy? 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. 9070260 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unswom falsific?Jions to authorities, that he/she is Camille Neuwinger (Name) C.O.P. Lead Specialist 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 Interrogatories are true and correct to the best of his/her knowledge, information and belief. (ST ) WWR No. 9070260 ANSWERS TO INTERROGATORIES Account# 1671000811 Balance: $370.12 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $70.12 Account Holder: Erick C Jensen Denise A Jensen 141 W Louther St Carlisle, PA 17013-2938 Account# 1671016696 Account Holder: Erick C Jensen Denise A Jensen 141 W Louther St Carlisle, PA 17013-2938 VERIFICATION Balance: $40.36 I, Camille Neuwinger, C.O.P. Lead 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 By: 9?;"z C amille Neuwinger C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank vs. Erick C Jensen 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 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: Erick C Jensen 141 W Louther St Carlisle, PA 17013-2938 Camille Neu C.O.P. Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 August 16, 2011 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4023-CIVIL ERICK C JENSEN Defendant SOVEREIGN BANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment as entered against you on 01 t (xx) Assumpsit Judgment in the amount of $110.48 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: PROT AR D TY) SOV ERf;IGN BAN 17 W HIGH ST CARLISLE, PA 17013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY .iy R Anderson ,efiff Jody S Smith Chief Deputy Richard W Stewart Solicitor 0011p1 Caa?r,?jrr/a?? TH 0 N" C" ZAP?. H 23 PM 2: 3 CUMBERLAND CQU , ,- PENNSYLVANIA Discover Bank Case Number vs. 2011-4023 Erick C. Jensen SHERIFF'S RETURN OF SERVICE 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 Erick C. Jensen at 141 W. Louther Street, Carlisle, PA 17013. 03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.13 SO ANSWERS, March 22, 2012 RON R ANDERSON, SHERIFF Sb L L '?Oe'y. CbuvySute Snenff. Telecsuft, In, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4023 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From ERICK C. JENSEN a/k/a ERICK JENSEN, 141 West Louther Street, Carlisle, PA 17013 (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 $10,140.34 Interest -- $436.44 Atty's Conan % Atty Paid $215.50 Plaintiff Paid L.L. Due Prothy $2.25 Other Costs Date: 3/22/12 (Seal) Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 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 DISCOVER BANK Plaintiff vs.. No. 11-4023 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) ERICK C JENSEN Am c gAc.j?' JAN S&N 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. 9070260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-4023CIVIL ERICK C JENSEN AO 69104,J MEN , 141 W. LotrFh?t 5+? i?r?is?'' PA 1'1013 Defendant(s) SOVEREIGN BANK. 1'1 to. +jo S+, 0' ,r1isk ? ??1813 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 ERICK C JENSEN ?t JLA G (zl C, , jEN S t-N 3. against SOVEREIGN BANK... Garnishee 4. Judgment Amount $ Less Payments/credits receives Interest Costs SUBTOTAL: 0,A370. &a Iio-q8 16 N0-3y Costs (to be added by Prothonotary): 4M.oo On Am/ 3tt,00 1 ?f , 00e. a ?{. SO a k 1 LI, o0 N A g, w ° al5 .SD ?a a -5 Lo 104ol3g39 & 41a'?9 Wr;+4 FAPZ&4AA....t $ rr-i ta.a =r $10,250.82 $110.48 $436.44 $10,576.78 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczar(, Esquir 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. 9070260 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Q?,sttr 1 ? t,i b"'/t P-NNSYLVANIA Discover Bank vs. Erick C. Jensen SHERIFF'S RETURN OF SERVICE Case Number 2011-4023 03/28/2012 12:06 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1202 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Erick C. Jensen, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Beecher, 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 her. The writ of execution and notice to defendant was mailed on March 29, 2012 to Erick C. Jensen at 141 W Louther Street, Carlisle, PA 17013. SO ANSWERS, March 29, 2012 RbNKI( R ANDERSON, SHERIFF illiam Cline, Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ERICK C JENSEN ??? C N S Defendant(s) SOVEREIGN BANK Garnishee(s) c= - Civil Action No. 11-4023 CIVIL Q c -. TO: SOVEREIGN BANK, 17 W HIGH ST, CARLISLE, PA 17013 RE: ERICK C JENSEN, 141 W LOUTHER ST, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-5758 XXX-XX- W IMPORTANT NO ICES 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. W" No. 9070260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-4023 CIVIL ERICK C JENSEN A-(-ft CktL?- JN66N Defendant(s) SOVEREIGN BANK Garnishee(s) INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9070260 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 I a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. N/A 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. YES, SEE ATTACHED 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? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO 5. At any time before or after you were served, did the defendant transfer or 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? NO 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? NO 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO WV-/R No. 9070260 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. YES, SEE ATTACHED 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. N/A IL If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N/A 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A WELTMAN, WEINBERG & REIS CO., L.P.A. r7l ?' By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9070260 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 JOHN S. GOMES (Name) LEAD SPECIALIST (Title) of SOVEREIGN BANK , garnishee herein, (Company) that he/she is 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. WWR No. 9070260 ANSWERS TO INTERROGATORIES Account # 1671000811 Balance: $370.85 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $70.85. Account Holder: ERICK C JENSEN DENISE A JENSEN 141 W LOUTHER ST CARLISLE, PA 17013-2938 Account # 1671016696 Balance: $0.00 Account Holder: ERICK C JENSEN DENISE A JENSEN 141 W LOUTHER ST CARLISLE, PA 17013-2938 VERIFICATION I, John S. Gomes, C.O.P. Lead 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 By: John S. Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IN RE: DISCOVER BANK VS. ERICK C JENSEN AKA ERICK JENSEN 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 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: ERICK C JENSEN AKA ERICK JENSEN 141 W LOUTHER ST CARLISLE, PA 17013-2938 JAn S'Gomes " t O.P. Lead Specialist Sovereign Bank MA1 M63-02-10 2 Morrisey Boulevard Boston, MA 02125 April 5, 2012 dL JFEJ 0 TA CUMERLMNO COUNTY tt7,NS f LVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ERICK C JENSEN Defendant SOVEREIGN BANK Garnishee No. 11-4023-CIVIL PRAECIPE FOR JUDGMENT AGAINST GARNISHEE 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#09070260 147 01- .,,?? ?y 6174/-2i vAr' P f til rr. ?_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4023-CIVIL ERICK C JENSEN Defendant SOVEREIGN BANK Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, SOVEREIGN BANK, in the amount of $70.85, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William Molczan Esquire PA I.D.#47437 Wellman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#09070260 I hereby certify that the address 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 Sovereign Court Ordered Processing - MA1-MB3-02-10 - P. O. Box 841005 - Boston, MA 02284 April 5, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary's Office 1 Courthouse Square Carlise, PA 17013 RE: DISCOVER BANK vs. ERICK C JENSEN AKA ERICK JENSEN No.: 11-4023 Dear Sir/Madam: Enclosed are Sovereign Bank's Answers to Interrogatories in Attachment and an original and one copy of a Certificate of Service. Please file the originals in your office and return the Time-stamped copy of the Certificate of Service in the enclosed return envelope. By copy of this letter we are serving those parties listed on the Certificate of Service with a set of Answers. We are also serving the Defendant with a copy of the Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order, and Claim for Exemption. tr y yours, John S. Gomes C.O.P. Lead Specialist Court Order Processing Phone: 617-514-5189 Fax: 617-533-1188 Enclosures PC: William T. Molczan, Esquire (w/enclosures) ERICK C JENSEN AKA ERICK JENSEN (w/enclosures, certified mail) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4023 CIVIL ERICK C JENSEN A(CA 6(21 C?- J&N ( W Defendant(s) SOVEREIGN BANK Garnishee(s) TO: SOVEREIGN BANK, 17 W HIGH ST, CARLISLE, PA 17013 RE: ERICK C JENSEN, 141 W LOUTHER ST, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-5758 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. 9070260 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4023 CIVIL ERICK C JENSEN tg-I'%ft CK?C, - j5W6GN Defendant(s) SOVEREIGN BANK Garnishee(s) 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. 9070260 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 I a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. N/A 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. YES, SEE ATTACHED 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? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO 5. At any time before or after you were served, did the defendant transfer or 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? NO 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? NO 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO WWR No. 9070260 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. YES, SEE ATTACHED 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. N/A 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N/A 12. If the response to Interrogatory I I is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9070260 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unswom falsifications to authorities, that he/she is JOHN S. GOMES (Name) LEAD SPECIALIST (Title) of SOVEREIGN BANK , garnishee herein, (Company) that he/she is 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. WWR No. 9070260 ANSWERS TO INTERROGATORIES Account # 1671000811 Balance: $370.85 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $70.85. Account Holder: ERICK C JENSEN DENISE A JENSEN 141 W LOUTHER ST CARLISLE, PA 17013-2938 Account # 1671016696 Balance: $0.00 Account Holder: ERICK C JENSEN DENISE A JENSEN 141 W LOUTHER ST CARLISLE, PA 17013-2938 VERIFICATION I, John S. Gomes, C.O.P. Lead 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 By:Ckl""7 John S. Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE- DISCOVER BANK vs. ERICK C JENSEN AKA ERICK JENSEN 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 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: ERICK C JENSEN AKA ERICK JENSEN 141 W LOUTHER ST CARLISLE, PA 17013-2938 ( 4"'t' A J n S. domes O.P. Lead Specialist Sovereign Bank MA1 MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 April 5, 2012 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-4023-CIVIL ERICK C JENSEN 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 a3 10 . (xx) Assumpsit Judgment in the amount of $70.85 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: .? PROTHO ARY (OR DEPUTY) Sovereign Bank 17 W High St Carlisle, Pa 17013 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9070260 DISCOVER BANK CUMBERLAND County Court of Common Pleas vs. ? r j:X r i ERICK C JENSEN, NO. 11-4023 CIVIL and SOVEREIGN BANK 7 c =C) _ ( S `a Garnishee(s) PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter satisfied as to Garnishee(s), SOVEREIGN BANK, , only. WELTMAN, WEINBERG & REIS CO., L.P.A. By (Ia' William T. Molczan, squire Attorney for Plainti 4q. 5o PO ATT'l 00 t0qggR81 &a-74 972 __ y R Anderson ;riff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Erick C. Jensen SHERIFF'S OFFICE OF CUMBERLAND COUNTY a ,, . ~f ~.^i~~~r7r., ~ ~ ~Ijt~ T ~~ t~ R~J?'-1~P~ f~ ~ ;~;'~''. Y 20I ~ 1~3~ - t PM 2= ! ? ~~~~~~~~~~ ~~~~ 4 ~~r ~~'t~NSYL~~!~l~ Case Number 2011-4023 SHERIFF'S RETURN OF SERVICE 03/28/2012 12:06 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1202 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Erick C. Jensen, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Beecher, 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 her. The writ of execution and notice to defendant was mailed on March 29, 2012 to Erick C. Jensen at 141 W Louther Street, Carlisle, PA 17013. 10/29/2012 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: $87.41 SO ANSWERS, October 29, 2012 RON R ANDERSON, SHERIFF ~• °?`S' P~ , LSO. ~~ ~~~ / z ~ ~ s'~ y