The URL can be used to link to this page

Home My WebLink About11-4961J FILED-001CE OF ENE PROTHONOTARY 2011 JUN 15 PM 3: 16 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: l - 4 qto byo vs. MARILYN E MILES COMPLAINT IN CIVIL ACTION 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 08789658 C A Pit CXC O am4 0-9 a. oo pd a Gi,4 S6/ Sy/ y Q0C2 S¢ 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MARILYN E MILES 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: MARILYN E MILES 35 WATERLOO RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1361 . 4. Defendant made use of said credit card and has a current balance due of $8620.62 , as of October 04, 2010 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 28.990% per annum on the unpaid balance from October 04, 2010 . 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 , MARILYN E MILES individually , in the amount of $8620.62 with interest at the rate of 28.990% per annum from October 04, 2010 plus attorneys' fees of $125.00 , and costs. WELTM 436 S Pitts (412) FAX: 08784 This law firm is a debt collector attem our client and any information obtained Wa ro t,42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 4-7955 -338-7130 C A Pit CXC hg to collect this debt for 11 be used for that purpose. New Balance Minimum Payment Due DISCOVER' $0.00 $1,784.00 Payment Due Date October 25, 2010 30 SDSN6A01 0006402 MARILYN MILES PO BOX 1394 CARLISLE PA 17013-6394 Account Number ending in 1361 Enter Amount Enclosed Below $ Go paperless and make your account information more secure with password- . protected statements only you can soossa, Learn more at discover com1paperless. PO BOX 6103 lllnrlinntilsilnrlntil CAROL STREAM IL 60197-6103 Address, Go to wvrww.Dissoeover.comer.<om or or print ngh Irllullnunlll,lnlwltllt,urllllnurllnllnnnllrtlr?ll Go to change in space above. 000001986458410639815000000000000000178400 Opening Dap: September 19, 2010 - Closing Dap; S Discover More Card Account Summary Account number ending in 1361 Previous Balance $8,620.62 Payments And Credits 8,620.62 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 Now Balance 0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $7,200.00 Credit line-Avactable----------------------- 40.00-- Cash Advance Credit Line $800,00 Cash Advance Credit Lino Available $0.00 cashb" Bonuse Anniversary Month December Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0,00 Coshbodc Bonus Balance $ 0.00 To learn more, log in at www.Disco"r.com - -- -------- --------------?,I--- sppmber 30, 2010 page 1 of 1 - _ Payment Information New Balance $0.00 Minimum Payment Due $,784.00 Payment Due Date October 25, 2010 lass Payment Warning: If we do Trot receive your minimum payment by the dote listed above, you may have to o late fee of up to $35.00 and your purchase and balancensbr APRs for new transactions may be increased up to the enaNy APR of 29.99% variable. Manage Your Account Online at www.Ditlc?ver.com • Securely access statements and free online bola, bills online and track and view all transactions simply ar rl easily • Make your money worth more sm-find easy ways to earn and redeem cash rewards -------------------------- - - --- • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely al wvrw.Dacovarcrsml 2. Call 1-800-DISCOVER (1.800.347--26?8?3) Please have your Discovervcard ovailaWe. 3. Write to us at Discover, PO Box 30943, Sak Lake City, UT 84130 For TDD f relecommunications Device for the Deal) assistance, please call 1-800.347-7449. Transactions Trans. Post Date Date Payments and Credits Sep 30 Sep 30 INTERNAL CHARGE-OFF $ -8,620.62 Fees TOTAL FEES FOR THIS PERIOD $ 00 -6tyrq(?w---- - . - - -- ------------ TOTAL KIERESTFORTMPERIOD --------- 2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 2 .00 TOTAL INTEREST CHARGED IN 2010 4 1,59 .49 Abu Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. CoNErging Period: 12 days RRAATEEU(p J?C PERCENTAGE BALANCE KATE SUBJECT TO MRESTI:HA GE 28.99% $0 $0 Cash Advances 28.99% $0 $0 V . Variable Rats Additional! Important information Important Information. IF there is more than one page to ihis billing storement, see the back of each page for additional important information Continued on reverse side. Seas yolx <archom mher Agnsinnont. Your Cordmmber Agreement contains all the terms of your Account Lsfst tw sto i an cards. Report immediatelyi Call 1-800-347-2683. When To O, if You TWnk You Fka1 A AYstako On Your S?efonsent IF you think t j: e is on error on your statement, write to us at Discover, PO Box 30421, Sall Lake City, UT 841300421. In your loner give us the Following information Ac ount informafan: Your name and account number • Dc or amount: The dolts amount of the suspected error Des uiplion of Probie n: IF you Oink then is an error an your big, describe what you believe is wrong and why you believe R is a mistake You m .?st contact us within 60 days after the eaIX appeared on your statement You mist notify m of any potential iron in wriffrg. You may callus, but iFyou do we are not required to investigate any potential error and you may have to pay thr amount in question While ve investigate whether or not there has been an error, this following are true Wr cannot try to collect the amours in question, or report you as delinquent on that amount The charge In uestion may remain on your statement, and we may continue to charge you Interest on that amount But, if we determine Thal we mode a mhs3ke, you will nos have to pay the amount in question or any interest or other fees related to that amount While you do not have to pay "amount in question. YOU ore fespoaible For the remainder al your balance. We can apply any unpaid amount against your credit Omit Your Rlyirb if You An* Diseadaft d VJM Yew Cred* Card Purchases If you are dissatisfied with the goods or services Rat you have purchased with your credit card, and you have hied In good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase To use this right, all of the fallowing must be true 1. The purchese must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been mote Thais $50 (Note: Neither of these we necessary, t your purchase was based an an advertisement we mailed to you, or If we own the company that sold you the goods or services ) 2 You must haw used yaw credit card for the purchase Purchases made with cash advances from an ATM m with a check thol accesses your Eredrwrd -xcounf do not qua:P---------- 3 You must not yet have fully paid For the purchase if all of the criteria above are met and you ate A dsmtided with the purchase, contact us in writing at Discover, PO Box 30945, Salt Lake City, UT 841300945 fn While we investigate, the mine rules apply to Ise disputed amount as discussed above After we finish our investigators, we will tell you our 0 W decision Al that point, if ors Link you "son amount and you do not pay" may report you as dehm*md m Prryrrtertfs Send only your payment and the by portion of this statement in the envelops provided Do not send cash By wnd?inBg yow check as described above, you authorize w to use information on yaw check b make an electronic fund transfer from your account at the Financial insliullon indicated on yaw o cheek w b pr«ess the payment as o check ema don if payment is processed as on electronic bend eanM, the transM wig be for the amount of rte check Wh i f i F en we we n ormat on rom yaw check to make an electronic Fund transfer, funds may be withdrown From your account as soap as the same day we receive your payment, and you will not receive your check back from yaw fincim id insNuton The pfacessIng of your payment may be delayed if you fend cash, cIXreaporhdancce or other, items with your payment, if yyoou fend the payrrhent to any other address or gym use an envelope other than the one provided Payments received in pr format our Processing facility by SPM local Wee on any day will be credit d t A al t d t P 0 ^s rat e o your ccoun hat as ay ayments received at a prhxeasirhts foctiM otter 5PM kxd Ants wig be credited to your Account as of the next day g you have misplaced your envelope, send your payment to Dbcovar, PO x 6 f 03, Cad Seeam, IL 601976103 Please allow 7.10 days for deliver to y t your poymens is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum paymere or a greater amount over the telephone, and you can set up aubmok payments Call us at 1.800347.2683 You will need tits statement and your bank account infonmalias You must ensure that uWwo funds are available in your bank occouK and all transactions must comply with U 5. low Yout wig be asked to provide to first 5 digits of your account nabnsent ZIP code Sy mbri lase numbersm co signature, you will be agreeing a this authorization to allow us and your bank to deduct catch pfynssM you autans From yaw bank account, end to ingiate bow credit entries to your bank account in applicable to conics an error In the rocessin t Y =such ll g , , p g paymen ou must te w et amours of each payment or you can select an amount such as the Minimum Payment Due or the New Balanceon each slmameM You eon eaneel o paymrd, however we m it receive notice at least three business days in advarae of Ihe scheduled paymaM You may notify us by phone at 1800347-2683 or by mall at the address listed in this prevfow paragraph IF your payment varyin amount we will MI you on each montdy swtemed when your payment wgl be made and how mach it will b Your payment amount may be less than indicated on ire monthly statement based on erodes or payments applied during the longing cycle C WW Repaling. We may report information about your Account to credt bureaus tote payments, missed payments, or other defaults on your Account mar be reflected in your credit report We normally report the status and paymest history of your Aeeount b troth reporting agencieseach month t you believe tat our report is inaccurate or incomplete, lease write us of the 6116wing address Discover, PO Box 15316, Wgminglon, DE 1 98 5053 1 6 Q. indicate your name, address, home telephone numbs and Account number Paying Interest: We boon to impose Interest Charges on all trans action from the Transotion Date for the transaction shown on yaw 60" statement, - - - - - - unless a Tronsoctian is posted to your Account after the class of to billing period In which 4 oeews, In which cam we boo to impose intoret charges on tat transaction from the fist day of its bigkg period in which it is posted to your Account We contnue so' Interest Charges Unit the dale you pay your entire Now Balance shown on your billing sbkmen by makigpayments a receiving credits IF you paid to Nw Bolcom on your previous billing statement by the gnu Due Date shFa, on the big(ng statement. we wtI not mpose Interest Charges on new purchases, that s purcheses flro opppceoasfiinB on the cumnt statement, a portioor purchase, paid by tie Payment Ohue pate ea your current bi2ig statement We call this the 'grace period • k b not less than 25 days. Thne grace period on babnu ionsMs a soft adwsseq As mas ful?dtsttnbed in tin sseion d CIXeisarhiber Agreement tied five W. APdr Pars' ors g«»r apPlrr+ b Accoitt befcd on APR a category This morns tat 1 you do not pay the Nw Balance on current bgt slatenhed the abl° b is of each Iransaeien dcpesdI. on the amount d your payment and Ile APRs on other balances, u m eat Due Date shown ea that begn8 statem sit, tan, Ya ay get a grace period on nor purchams AGnisnan Interest Charge. We will charge you a minimum Interest Charge of S 50 For any billing period in which Interest Charges of less than f 50 would otherwise be imposed Arauol Fee. If your Account has an annual fee, it will be billed at the beginning of each annfvermry year your Account is open The amount of the fee appears on the statementwhen the lee is billed The annual fee is not refundable unless you notify w tat you wish to close your Account whin 30 days of the mailing or delivery date of the sbssment on which the fee Is billed You will receive this refund even g you use your Card during that period. How We Cakulote Intend Charges - Daily Balance Nk*hod (Including current trantsaetons): We Figure Interest Charges for each bills period. To do this billing We calculate your Interest Charges separately for each balance subject to diffysnt terms (For example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject b promoi final terms) We rent to them balancesas transaction categories • We Figure the'logy balance' for each imn don category To get the •daly balance' we Poke the nn'mg balance ter each day, add any new eamactioa and fees and any Interest Charges accrued an the previous dw/s daily balance W wbhact arty credits and paynwsb and make other adjusenenh (including those call narsts required In the section Killed Paying Intones') In calculating the logy balance for da first day of the billing period, we consider the'prwkxn da Jj s daly balance• to have been your bahncs an to lad day of your previous billing period This gives us the daily balance M each mansoction category We Figure the Interest Charges an your Account by multiplying the daily balance for each enaction category by its logy periadc rate, for each day in the billy period ------ ?heia,sitssatr^! rges+otthz6?".:?, ? c:x1k nora.1"aZ t-W%7,e3; 'hargeifoTed Irc!AWcPancattgaryfiteaITdaydudhglMr ------- billing period When we calculate doily balances, we add a new tronsciom as of the Transaction Date shown on ow leiW' aPotement, unless the eanwelion i posted b ?Account after the close of the billing period in which it occurs, in which case the transaction wgl be added to the daily balance as of the ON day of is Oe"nB period in which it is posted to your Account All Fees charged b your Account ate added to the standard purchase transaction category with rte exception of Cash Advance fees which ate added to the applicable cash advance transaction category and Balance Transfer Fees which ass added to the applicable balance transfer transaction category Fic" For 2% of the U 5 toga anhoms of each purchase mode in a foreign currency Penalty APRs: Each time you Fag to make a payment when due, ws may, in accordance with applicable low, (i) terminate the availability of any introductory/promotional APRs on new a transactoa, d (ii) khcream your APRs tar new transactions to variable Penalty APRs which will be determined by adding up to an additional 5 percentage points to the otherwise applicable APR. Your Penalty APR is determined based an your creditworlhiness and other faclars such as yaw currentAPRs, and yow account history Ifyour APRs M new transactions are increased for a lase payment, this Penally APRs will apply indefinitely For TDD (Telecomrstunkalloi s Device for the Deaf) assistance, please call 1-800-347-7449. Discover may reunite and/or record selephoa tags between you and Discover representatives for quality assurance purposes The Discover(l) cad 4 issued by Discover Bank. Member IFDIC Ol TSK 172 . "Mav, 9. 2011 2:34PM No. 0840 P. 2 'V'E1r21FICATION 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 Suzy ; el, Legal Placement Account Manuer (Natne) (Title) of DB Servicing Corporation successor to DFS Services LLC servicing went for Discover Bank (Company) plaintiff herein, that she is duly authorized to snake 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. T r (Signature) i WWR#8789658 MARILYN E. MILES 6011002398431361 SHERIFF'S OFFICE OF CUMBERLAIG3 COUNTY Ronny R Anderson,-` Sheriff „ t 4tnr,OF THE PROTNO»OTAr?Y Jody S Smith Chief Deputy 2011 JUL -I PM 2: 05 Richard W Stewart CUM$ERLAID COUNTY Solicitor PENNSYLVANIA Discover Bank vs. Marilyn E. Miles Case Number 2011-4961 SHERIFF'S RETURN OF SERVICE 06/20/2011 Ronny . Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inqu ry for the within named defendant to wit: Marilyn E. Miles, but was unable to locate her in his bailiwick He therefore returns the within Complaint and Notice as not found as to the defendant Marilyn E. Miles. Request for service at 35 Waterloo Road, Carlisle, Pennsylvania 17013 is vacant. SHERIFF COST: June 30, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF -sJE=? C?OTAE , . WELTMAN, WEINBERG & REIS CO., L.P.A. • a BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(jt I SEA' 12 AIM I.D. No.86469 436 Seventh Avenue, Suite 1400 "Ja QERLAIAD COUN" Pittsburgh, PA 15219 DENNSYLVANIA Phone: 412.A34.7955 Fax: 412.434.7959 File 4 8789(.58 DISt:OVER BANK Plaintiff CUMBERLAND County Court of Common Pleas VS. MARILYN E MILES Defendaint(s) NO. 11-4961-CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROT11,0NOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. ai, f /?? By Sarah E. Ehasz, Esquire Attorney for Plaintiff vo,M0 0-? CLa ipiossl? ?-?' ala4 s? o SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson t !-C+ C Sheriff??ti???v atitua?irrry?? ' ?i7t I Jody S Smith - I? 2? P?? G+ Chief Deputy = 20 Richard W Stewart E UM$ELACJ (;IJ; `,' Solicitor PENNSYLVANIA Discover Bank Case Number vs. 2011-4961 Marilyn E. Miles SHERIFF'S RETURN OF SERVICE 09/20/2011 03:19 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2011 at 1519 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marilyn E. Miles, by making known unto herself personally, at 3159 Ritner Highway, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. -J1 er- HALL, DEPUTY SHERIFF COST: $46.00 September 22, 2011 SO ANSWERS, ROW R ANDERSON, SHERIFF ;c) CountySuite She,ff i eieosott. L!' ,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN"TY OF CUMIERLAND) NO 11-4961 Civil C[VIL ACTION -LAW' Tc) THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the defJt, interest and costs due DISCOVER BANK Plaintiff (s) From MARILYN E. MILES, 3159 RITNER HIGHWAY, NEWVILLE, PA i7241 (1) You arc 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: MEMBERS l s' FCU, 1711 SPRING ROAD, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enji~ined from paying any debt to or for the account of the defendant (s) and ft~om delivering any property of the defendant (si or otherwise disposing thereof; ~; } [f 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 I_)ue 59,428.10 Interest S_>62.79 Attv's Cumm °% Alty Paid $232.50 Plaintiff Paid Uate: 10!31/12 ]Seal) L.L. S$.50 Due Prothy 52.25 Other Costs ~~au~d~~uell David D~ Buell, Prothon tary By: Deputy RE-.C~[J}:.S 1'iNG PAR'T'Y: Name : ~~'ILLIAM 'T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO. L.P.A. 1400 KOPPERS BUILDING -136 SEVENTH AVENUE PITTSBURGH, PA 152]9 Attorney for: PLAINTIFF Telephone: 412-434-'7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C[VIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4961-CIVIL MARILYN E MILES s '~,,~ 5~ ~`~~~p~~~~-~I Defendant(s) ~~,JV r ~~~ ~ ~ ~ ,,~- ~d. ~'~ << she t'I~ 1 ~al~ MEMBERS 1 S't FCU j ~ ~ I I ~~ Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION "hO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MARILYN E MILE',S ,Defendant 3. against MEMBERS 1ST FCU, , ,Garnishee 4. .ludgment Amount Less Payments/credits received 1 merest Costs SUBTOTAL: Costs (to be added by Prothonotary): ~~~ .mob Q ~~~ o~ 3~ (< << ~~ ~ Cc ~~ ~, 0 J d. t~0 "'' '~ b v " `~ _~~50 ~~~ ~r`~3 a . ' _ ` . ~ ~ , ~-,~ - - i•:. ~ ~, - _;_~ $ $1 1,428.10 $ $z,ooo.~~o ~,q ~a4. ~~ $ $5(12.%9 $ $9,990.89 WELTMAN, WEINBERG & RE[S CO., I_.P.A. y. William T. Molczan, Esqui PA I . D. #(4743 7 WELTMAN, WEINBERG & REIS CO., I,.P..A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 S ~~E~ ~ . ~2,a ~. s~~~ n~~l~"~gol~~~ ~~ a~a s aS wwR No. 878968 ~~~ r~ ~~ ~S ~~ ~~ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS`~"LVANIA CNIL DIVISION DISCOVER BANK Plaintiff vs. MARILYN E .MILES Defendant(s) MEMBERS 1ST FCL' Garnishee(s) No. 1 1-4961-CIVIL PRAECIPE FOR WRIT OF EXECUTION (BAI+-iK;,~4'I'TACHMENT ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA LD. #47437 WELTMAN, WEINBE;RG & REIS CO._ -,.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 152 ] 9 (412)434-7955 W WR No. 878968 SHERIFF'S OFFICE OF CUMBERLAND COUNTI(~ Ronny R Anderson Sheriff ;~ Jody SSmith - - "'~ '''±~'' ~~., , Chief Deputy ,, Richard W Stewart ~ '~~ ~~ ~; i SOtICItOr ,.~~~pCC I _ Discover Bank Case Number vs. Marilyn E. Miles 2011-4961 SHERIFF'S RETURN OF SERVICE, 11/05!2012 11:05 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 5 2012 at 1100 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Marilyn E. Miles, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle. Cumberland County, Pennsylvania, by handing to Connie Garrick, Member Service Representative, personally three copies. of interrogatories together with three true and attested copies of the writ of execution and rnade the contents there of known to her. The writ of execution and notice to defendant was mailed on November 6, 2012 to Marilyn E. Miles, 3159 Ritner Highway, Newville, PA 17241. /~ `,.-° ` ~` / G- -- -- WILLIA LINE, DEPITY November 06 2012 SO ANSWERS, -; ~, ".-~ / ~'` RONf~1Y R ANDERSON, SHERIFF ___ y K l S ice, j'.. rZ"if~i'~' NOV i 201Z ":L:~ ~~~~il~fL1 e`a~~4r~1_~~i~,~~ A~`~ IN THE COURT OF COMM~f~~AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARILYN E MILES Defendant(s) MEMBERS 1ST FCU Garnishee(s) Civil Action No. l 1-4961-CIVIL ~5,~i5 ~ 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. 8789658 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4961-CIVIL MARILYN E MILES Defendant(s) MEMBERS 1 ST FCU Garnishee(s) TO: MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: MARILYN E MILES , 3159 RITNER HWY, NEWVILLE, PA 17241 Suggested Reference No.: XXX-XX-0309 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. 8789658 INTERROGATORIES INATTACHMENT 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)? ~~ 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. $ 41~a.84 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely oar rpart by the defendant or in which defendant held or claimed any interest? Iv 0 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? N~ 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? 1'~ 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. N~ WWR No. 8789658 L 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. Jv~ 9. If the answer to Interrogatory l is in the affirmative, state the date the sheriff served these interrogatories on this institution. i~ 5~~2 0. 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. ~ ~ I ~ I 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? ~~ 12. If the response to Inter ogatory 11 is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. ~ n ~ ~ , WELTMAN, WEINBERG & REIS CO., L.P.A. ~~~pfi~ By: William T. Molczan, Es e PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 8789658 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 l (/~., ~1 (Name) of ~~~,~ 1. ~ ~~_ ,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. f (SI A ) WWR No. 8789658 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.79S5 Fax: 412.434.7959 File # 8789658 DISCOVER BANK Attorney for Plaintiff(s) -~ ~ r~ ~: - - - rn ~ Q ,~. ~ z~ -dc -,,~s T; cn~ -t ~' ~ ~ ~' ;-~ CUMBERLAND County ~ ~ ~' ~=~"? Court of Common Pteas - ~~ _ ~ .: -„ vs. z.`p - MARILYN E MILES, NO. 11-4961-CIVIL and MEMBERS I ST FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), MEMBERS 1ST FCU, , only. WELTMAN, WEINBERG & REIS CO., L.P,A. ~~ ~~ By William T. Molczan, uire Attorney for Plaintiff ~¢Q.~O P D p T7~/ c~1b830?3 ~ ~~~3a~s