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HomeMy WebLinkAbout11-5408SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff ??t`ot?, of ?trartbrr(?Jt1 Jody S Smith ' Chief Deputy 2011 JUL 15 AM 8: 53 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Discover Bank Case Number vs. Tina L. Avara 2011-5408 SHERIFF'S RETURN OF SERVICE 07/11/2011 09:24 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2011 at 2124 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tina L. Avara, by making known unto herself personally, at 6316 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 July 13, 2011 TIMMBBI ?CK,tDD-EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF :p Countysuito She-!'f Teieosoft In, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ,y_,NA L AVARA TO THE PROTHONTARY: Civil Action No C3 r.3 i C .zm ? -ca 11-5408 CIVg? N ss C- PRAECIPE FOR DEFAULT JUDGMENT =m? C- r? --1 rn rte"--,,, -O rn cZI C) -a C? -n c'n -n F `-D rn -4 Kindly enter Judgment against the Defendant TINA L AVARA above named, in the default of an Answer, in the amount of $10858.65 computed as follows: Amount claimed in Complaint $8704.56 Less payments / adjustments made $0.00 Interest on the remaining principal balance from September 03, 2010 to August 25, 2011 @ the interest rate of 23.990% per annum $2029.09 Attorney's fees $125.00 TOTAL $10858.65 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James 091910/15 b A Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P. , 436 Seventh Avenue, Suite 1400 Pittsbu g PA 15219 And that the last known address of th efendant is TINA L AVARA 6316 STEPHENS XING MECHANICSBURG, PA 17050 *14. co PO ATH 10100495 Nofice I.da.?:?l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. TINA L AVARA Defendant Case No. 11-5408 CIVIL IMPORTANT NOTICE TO: C INA L AVARA 6316 STEPHENS XING MECHANICSBURG, PA 17050 C/O Hugh Jones 1070 Market St Suite One Sunbury, PA 17801 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE iN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A NEARING 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, WEINBERG & REIS CO., L.P.A. By: 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 9191075 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TINA L AVARA Defendant Case No. 11-5408 CIVIL IMPORTANT NOTICE TO: TINA L AVARA 6316 STEPHENS XING MECHANICSBURG, PA 17050 C/O Hugh Jones 1070 Market St Suite One Sunbury, PA 17801 Date of Notice: Y .)U 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 YnU. 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 OFFIC,!" SST FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAVNER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIFS THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & RMS CO., L.P.A. By: _ 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 9191075 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-5408 CIVIL NON-MILITARY AFFIDAVIT TINA L AVARA 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 , TINA L AVARA 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: TINA L AVARA 6316 STEPHENS XING MECHANICSBURG, PA 17050 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 4D Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-02-2011 08:51:08 -< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency AVARA TINA 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). Mary M. Snavely-Dixon, Director Department of Dei:ense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense: Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URI., http://tiNA-?tiv.defenselink.m_il/f ig/pis/ P('09SI_;DR.htm . 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. https://www.dmdc.osd.mil/appj/scra/popreport.do 9/2/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy 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 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 w. io would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaramLed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providng an erroneous name or SSN will cause an erroneous certificate to be provided. Repor, ID:4FTR4CKGCM https://www.dmdc.osd.mil/appj/scra/popreport.do 9/2/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-5408 CIVIL TINA L AVARA NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th f llowing order of Judgment was entered against you on q (xx) Assumpsit Judgment in the amount of $10858.65 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 Awar Prothonotary By: TINA L AVARA 6316 STEPHENS XING MECHANICSBURG, PA 17050 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5408 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From TINA L. AVARA, 6316 Stephens Xing, Mechanicsburg, PA 17050 (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: PNC BANK, 105 Noble Avenue, 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 $10,858.65 L.L.$.50 Interest -- $153.50 Atty's Comm % Due Prothy $2.00 Atty Paid $171.00 Other Costs: Plaintiff Paid Date: 12/21/11 D d D. ell, oth otary (Seal) By: F 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 No. 11-5408 CIVIL vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) TINA L AVARA Defendant(s) PNC 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. 9191075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-5408 CIVIL TINA L AVARA, (031(0 s+epbms Xt Defendant(s) ( eftneQp rq,1'A (?p5p PNC BANK C C Garnishee(s) 'tam ? - ° ' PRAECIPE FOR WRIT OF EXECUTION --urnr TO THE PROTHONOTARY: =ea Kindly issue a Writ of Execution in the above matter... ?o Z y Tye =- a C) t*; 1, directed to the Sheriff of CUMBERLAND County: 4 CO 2. against TINA L AVARA , Defendant 3. against PNC BANK... Garnishee, 105 Nob/eAve, Carlisle, PA 17013 4. Judgment Amount $ $10,858.65 Less Payments/credits received $ $0.00 Interest $ $153.50 Costs $ SUBTOTAL: $ $11,012.15 Costs (to be added by Prothonotary): G aq.So PLO am'1 S.00 Car ga•oo " I4.oo a.? 1'71.00 - PA A-r y WELTMAN, WEINBERG & REIS CO., L.P.A. By: -? William T. Mol a squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 $a. 00 bue co . sp LL e * I pa,(o? LAS 101 o2to8ls.5 _ j 4)ri4.? E of WWR No. 9191075 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson OF THE FILED-UFFICE POTHONOTAr?Sheriff Jody S Smith lov Jf Chief Deputy DEC 29 AM 8.33 Richard W Stewart CUMBERLAND COUNTY Solicitors LVANIA Discover Bank vs. Tina L. Avara SHERIFF'S RETURN OF SERVICE Case Number 2011-5408 12/28/2011 10:00 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, PNC Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Rochelle White, 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 December 29, 2011 to Tina L. Avara at 6316 Stephens Crossing, Mechanicsburg, PA 17050. SO ANSWERS, December 28, 2011 ANDERSON, SHERIFF am Cline, Deputy I -ounrSatc S^s:rH FILED-OFFIC" O THE t ROTNONOTAR ,r WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9191075 Attorney for Plaintiff(s) 2012 FEB - 3 AM 11 ' 4 4 CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK vs. TINA L AVARA and ANC BANK Garnishee(s) Cumberland County Court of Common Pleas NO. 11-5408 CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), PNC BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James Warmbrodt, Esquire Attorn y for Plaintiff Sworn to and subscribed Before me the t day of January, 2012 _ ?•--- tY?Lar?111 J t ' - 1 Ga?ttt R?,frary ?- ?,rt: 1 ? ? ? airy ? oU€tC` NO ARY P IC s ' _ arses Q ? 9.:S(3 pd O 3 y07Se at? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TINA L AVARA Defendant(s) WELLS FARGO BANK PNC BANK Garnishee(s) No. 11-5408 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) rn ao -? r- ?r-; -?- _ CS --?,- C7 mac - -;; o -- 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. 9191075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff- vs. TINA L AVARA Defendant(s) Q? WELLS FARGO BANK' 04 Civil Action No. 11-5408 CIVIL PNC BANK NJ Garnishee(s) 0?6 PRAECIPE FOR WRIT OF EXECUTION I°,S,? 6 ?A 13 C? TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against TINA L AVARA , Defendant 3. against WELLS FARGO BANK, PNC BANK,, Garnishee 4. Judgment Amount $ Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): O $aq.OD pA AT7,4 38.00 CCU 9a .a t q9' w 1'x-00 014.50 .? q. 50 aqq . 21 - PA ATTy $10,858.65 $0.00 $414.10 $11,272.75 WELTMAN, WEINBERG & REIS CO., L.P.A. By: /N ?? William T. Molczan, uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 d.ag We Co tr7 OLI I a/ P-4- a?31 oa WWR No. 9191075 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5408 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From TINA L. AVARA, 6316 Stephens Xing, Mechanicsburg, PA 17050 (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: WELLS FARGO BANK, 604 E. High Street, Carlisle, PA 17013 PNC BANK, 105 Noble Blvd, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,858.65 L.L. $ Interest -- $414.10 Arty's Comm % Due Prothy $2.25 Arty Paid $299.21 Other Costs Plaintiff Paid Date: 5/11/12 id D. Buell, Prothonotary (Seal) By: 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ?4a?i?r of??iraGcrr??rd Chief Deputy.- Richard W Stewart Solicitor 4FFtr; E :aF Tr-E $,iERIFF Discover Bank vs. Tina L. Avara SHERIFF'S RETURN OF SERVICE PM 1: CLI BERLAND 00 f - y e rNNSYLVANIA Case Number 2011-5408 05/17/2012 01:55 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, stat arrn-lAay 17, 2012 at 1355 hours, attached as herein commanded all goods, chattels, rights, ts, credits, an4 monies of the within named defendant, to wit: Tina L. Avara, in the hands, possession,` or control of the ithin named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Ellen Lanback, Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 18, 2012 to Tina L. Avara at 6316 Stephens Crossing, Mechanicsburg, PA 17050. 05/17/2012 01:37 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2012 at 1337 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Tina L. Avara, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank, 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kait Filipelli, Personal Banker 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. SO ANSWERS, x2z May 18, 2012 RONtlq R ANDERSON, SHERIFF Noah Cline, Deputy c: CountySURS Shentf. Teleo=_oft. Inc. SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DISCOVER BANK vs. TINA L. AVARA and tia? 44 ?a F?1 rN D ' ft COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 11-5408 CIVIL WELLS FARGO BANK N.A., GARNISHEE TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf Wells Fargo Bank, N.A., Garnishee in the above-captioned matter. Date: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee LtiV DISCOVER BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. TINA L. AVARA and : NO. 11-5408 CIVIL WELLS FARGO BANK N.A. GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK 1. No. 2. Account titled Tina L. Avara (1689) with a zero balance, and an account titled Carl J. Avara, Tina L. Avara (6861) with a zero balance. These accounts have been restricted pursuant to this writ. Garnishee is unable to determine from its records whether Carl J. Avara, Tina L. Avara (6861) is an entireties account or a joint account. Garnishee incorporates herein by reference its New Matter as set forth below. 3. - 6. No. 7. (Q) 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? (A) No. 8. (Q) 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? (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled Tina L. Avara (1689) contained the sum of $0.01, which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code, 42 Pa.C.S. Section 8123. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As set forth above, the account titled Carl J. Avara, Tina L. Avara (6861) is titled to either tenants by the entireties or to joint tenants and as such may be exempt or immune from attachment. Garnishee is unable to determine from its records as to the appropriate designation of the account. If the parties to the instrument are husband and wife, then such asset is entireties assets and is not subject to execution pursuant to a judgment against either party, but only pursuant to a judgment against both parties. If the assets are titled to joint tenants, the assets cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the judgment debtor and without an appropriate Order of Court directing the Garnishee to permit execution against such assets by Plaintiff in whole or in part. determination by the appropriate Court. Dated:?r Garnishee wil stay fiirther action pending a hearing and Legal Order Processing P. O. Box 7600 11th Floor -Y1372-113 Philadelphia, PA 19106 VERIFICATION Lisa Burke, being duly sworn according to law, deposes and says that she is the Writ of Execution Administrator of Wells Fargo Bank, Garnishee herein, and verifies that the statements made I the forgoing Answers 'to Interrogatories are true and correct to the best of knowledge., Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. vLi?sa?F?e Manager Dated: n 12?s I ( 2 R 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 # 9191075 DISCOVER BANK CUMBERLAND County Court of Common Pleas VS. TINA L AVARA, ' 11-5408 CIVIL NO d . _ Tm tv an WELLS FARGO BANK C' C) PNC BANK -? = r o Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), WELLS FARGO BANK, PNC BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By -- Esquire William T. Molcz di Attorney for Plain 4A.5o Pa ATti 0,277/05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 11-5408 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) TINA L AVARA Defendant(s) F&M TRUST COMPANY WELLS FARGO BANK PNC 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 -c;:r mca ;ern » rya Qny c� C -C.s-= + i G? WWR No. 9191075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-5408 CIVIL TINA L AVARA f„r.31!,• S 1�' Defendants) Cs A rZ -a- i F &M TRUST COMPANY ' WELLS FARGO BANK PNC BANK - . 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 TINA L AVARA , Defendant 3. against F&M TRUST COMPANY, WELLS FARGO BANK,PNC BANK, Garnishee 4. Judgment Amount $ $10,858.65 Less Payments/credits received $ $0.00 Interest $ $1,101.33 Costs $ SUBTOTAL: $ $11,959.98 Costs(to be added by Prothonotary): $ WELTMAN,WEINBERG&REIS CO., L.P.A. -%a4.ov Imo' :L 3S-w a. By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG&REIS CO., L.P.A. Ou - n 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 ay•sue ' (412)434-7955 �Q. 00 X181.L S - •� •i �.2.zz WWR No. 9191075 �2 a9 bmwo.4 - w. e' > IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-5408 CIVIL TINA L AVARA Defendant(s) F &M TRUST COMPANY WELLS FARGO BANK PNC BANK Garnishee(s) WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: TINA L AVARA Defendant(s); You are also directed to attach the property of the defendant not levied upon in the possession of F & M TRUST COMPANY; WELLS FARGO BANK; PNC BANK,AS GARNISHEE, 14 N HANOVER ST CARLISLE, PA 17013; 604 E HIGH ST CARLISLE, PA 1701.3; 105 NOBLE BLVD CARLISLE, PA 17013 and to notify the garnishee that: a. An attachment has been issued; b. Except as provided in paragraph(c),the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; c. The attachment shall not include any funds in an account of the defendant with a bank or other financial institution i. In which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or(i)the first$10,0000.00 of each of the account of the defendant(s)with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law ii. Each account of the defendant(s)with a bank or other financial institution in which funds on deposit exceed$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law iii. Any funds in an account of the defendant(s)with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law (2) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify [him] such other person that he or she, has been added as a garnishee and is enjoined as above stated Amount due ..........................................$ $11,959.98 Costs to be added.................................. $ Prothonotary DATED: Deputy WWR No. 9191075 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK Plaintiff VS. Civil Action No. 11-5408 CIVIL TINA L AVARA Defendant(s) F&M TRUST COMPANY WELLS FARGO BANK PNC BANK Garnishee(s) WRIT OF EXECUTION NOTICE This paper is a"Writ of Execution". It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights.If you wish to exercise your rights,you must act promptly. The law provides that certain property cannot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens,the Sheriff must give you from the sale at least$300.00 in cash or property. There are also other. exemptions which may be applicable to you. Listed below is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption,you should do the following promptly: (1) Complete the claim form on the opposite side and demand a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court when and where you are told to appear ready to explain your exemption. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION,YOU MAY LOSE SOME OF YOUR PROPERTY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 exemptions set by law. 2. All wearing apparel used by yourself and all family members. 'I 3. Bibles,school books,sewing machines,uniforms&equipment. 4. Tools of your trade such as carpenter's tools. 5. Most wages&unemployment benefits. 6. Social Security benefits,certain retirement funds and accounts. 7. Certain veteran&armed forces benefits. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. WWR No. 9191075 CLAIM FOR EXEMPTION TO THE SHERIFF: 1,the above-named defendant,claim exemption of property from levy or attachment: (1) FROM MY PERSONAL PROPERTY IN MY POSSESSION WHICH HAS BEEN LEVIED UPON, (a) I desire that my statutory$300.00 exemption be: (�) (1)set aside in kind(specify property,to be set aside in kind: L� (2)paid in cash following the sale of the property levied upon;or (b) I claim the following exemption: (specify property and basis of exemption): (2) FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY,I CLAIM THE FOLLOWING EXEMPTIONS: (a) my$300.00 statutory exemption: in cash (_)in kind (specify property): (b) Social Security benefits on deposit in the amount of$ (c) Other(specify amount&basis for exemption): I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: TELEPHONE NUMBER: I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities: Date: Defendant: THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 Telephone Number:(717)240-6390 Note: Under paragraphs(1)and(2) of the Writ, a description of specific property to be levied upon or attached may be set forth in the Writ or included in a separate direction to the Sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph(3)of the writ, the Sheriff may,as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a) (b). Each court shall, by local rule, designate the officer, organization or person to be named in the notice. WWR No. 9191075 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2011-5408 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and.costs due DISCOVER BANK,Plaintiff(s) From TINA L. AVARA,6316 STEPHENS XING,MECHANICSBURG,PA 17050 (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: F& M TRUST COMPANY-WELLS FARGO BANK-PNC BANK 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$10,858.65 Plaintiff Paid$ Interest$1,101.33 Attorney's Comm. % Law Library$ Attorney Paid$$481.68 Due Prothonotary$2.25 Other Costs$ Date: MAY:3,111`2 .13 R t, '• David D. Buell,Prothonotary :7 Deputy REQUFSTING:PAP:TV- Name : PJ-WIL AM T; MOLCZAN,ESQ. Address: WELTMAN,WEINBERG&REIS CO.,L.P.A 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 1521.9 Attorney for: Plaintiff Telephone: 412-434-7955 Supreme Court ID No. 47437 - PRpiHpNOIA`< � X81; Jl�� 10 PH CUI',FF3FFLNNfi SY LVANI rA j i IN THE COURT OF COMMON PLT.AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-5408 CIVIL "IINA L AVARA Defendant(s) 'hSwe/i INTERROGATORIES IN ATTACHMENT F & M I RUS"L COMPANY WELLS FARGO BANK PNC BANK Gamishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczau, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R No. 9191075 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Vs. Civil Action No. I I-5408 CIVIL TINA L AVARA Defendant(s) F & M TRUST COMPANY WELLS FARGO BANK PNC BANK Gamishee(s) TO: F& M TRUST COMPANY, 14 N HANOVER ST, CARLISLE, PA 17013 WELLS FARGO BANK, 604 E HIGH ST,CARLISLE, PA 17013 PNC BANK105 NOBLE BLVDCARLISLE, PA 17013 RE: TINA L AVARA , 6316 STEPHENS XING, MECHANICSBURG, PA 17050 Suggested Reference No.: XXX-XX-6725 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. W W R No. 9191075 INTERROGATORIES IN ATTACHMENT I. 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)? �QS �)� dffel'I j o 11+ I'ICIS I ' hP(V-irC� (I ( (C ' O + wI+h FPM Tw! j- . 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. g, t-A O G 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. N D 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? tv b . 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 D 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? N0 , Iii, + depp0 bnclvcny , 2ol> NG a n r o� cHvit � $1N � - 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? N D 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 W WR No. 9191075 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. I '� 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. J 'v1 h C .l 2 0 1 '9 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. d Uh t, 5 2U 13 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? NC 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 01�If ( ( p >n 19{— b 61 1 Gi II C-L I S �H LO WELTMAN, WEINBERG& REIS CO, L.P.A. J �A By: William T. Molezan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & R CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR No.9191075 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 �'Gt 111 b 0 W —16PKi N S (Name) Spe U Uw St of Fs M TVU S+ garnishee herein, (Title) (Company) that he/she is duty 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. RUr1',7 Nop} r .i (SIGNA URE) W WR No. 9191075 SIRLIN LESSER& BENSON,P.C. By: Jon C.Sirlin,Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee DISCOVER BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND ; VS. - rn a7 C- -: - M M::::: TINA L. AVARA : NO. 11-5408 CIVIL and o r WELLS FARGO BANK, GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf Wells Fargo Bank, Garnishee in the above- captioned matter. JON I IN Atto ey for arnishee Date: (o-Qa A3 SIRLIN LESSER& BENSON,P.C. ,-14 I-D-0 117 F I GE' �RAF By: Jon C. Sirlin,Esquire T H E GTHD NOT ;'-v' Identification No.: 17498 123 South Broad Street,Suite 2100 2 ful 13 1 U 114 2 4 P M 2: 18 Philadelphia,PA 19109 CUMBERLM@ COUNTY (215)864-9700' PENNSYLVAMA Attorney for Garnishee DISCOVER BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. TINA L.AVARA NO. 11-5408 CIVIL and WELLS FARGO BANK, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DISCOVER BANK,Plaintiff 1. No. 2. Account titled Tina L.Avara(1689)with a zero balance. This account has been restricted pursuant to this writ. 3.-6. No. 7. (Q) 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? (A) No. 8. (Q) 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?, (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled Tina L. Avara(1689)contained the sum of$0.01,which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code, 42 Pa.C.S. Section 8123. 0 - S IN ?, fo JON T Kmey Garnishee Dated: Wells Fargo Bank,N.A. Liens,Levies& Garnishments 101 N. Independence Mall East i� MAC Code#Y1372-113 Philadelphia, PA 19106 VERIFICATION Phyllis Brummett, being duly sworn according to law, deposes and says that she is the Legal Order Processing Associate of Wells Fargo Bank, NA Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. Phyfifs Brummett Legal Order Processing Associate Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY .Ronny R Anderson Sheriff 4e , AIL 1''[ili s I i0 N0 Vi i } y,�tt4t,04 L".att��t��,•( Jody S Smith " 01 13 Chief Deputy � � ,�'�" °" ' Richard W Stewart CUMBERLAND BEk LAND COUNTY Solicitor OFF 10EO_ SHEPIPIP PENNSYLVANIA Discover Bank vs. Case Number Tina L.Avara 2011-5408 SHERIFF'S RETURN OF SERVICE 06/0512013 01:05 PM-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, Wells Fargo Bank, 604 East High Street,Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Deirdre Chronister, Store Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 06/05/2013 01:14 PM -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, F &M Trust Company, 214A Westminster Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Terry Glass, Security Officer, 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. 06/05/2013 01:30 PM-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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Susan Casale,Teller, 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 June 6, 2013 to Tina L.Avara, 6316 Stephens Xing, Mechanicsburg, PA 17050. SHERIFF COST: $197.59 SO ANSWERS, June 06, 2013 RONt4 R ANDERSON, SHERIFF ;oj CountySwte Shenft,Te eosof;. ric. WELTMAN,WEINBERG &REIS CO.,L.P.A. BY: William T Molczan,Esquire Attorney for Plaintiff(s) 4 t I.D.No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh,PA 15219 N CD Phone: 412.434.7955 c.0 Fax: 412.434.7959 4 -a a File#9191075 " DISCOVER BANK CUMBERLAND County Court of Common Pleas VS. TINA L AVARA NO. 11-5408 CIVIL and PNC BANK, F&M TRUST COMPANY,WELLS FARGO BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s),PNC BANK, F &M TRUST COMPANY,WELLS FARGO BANK, only. WELTMAN, WEINBERG&REIS CO.,L.P.A. By William T MoIczayf Esquire Attorney for Plai ff C� 7w93 0�- �93sa3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY tiny R Anderson ,heriff Jody S Smith ..+:Il _8 s3° Chief Deputy Richard W Stewart 3E F PU4! 4SYL Y/�Nli"4. Solicitor r Discover Bank Case Number vs. 2011-5408 Tina L.Avara SHERIFF'S RETURN OF SERVICE 06/05/2013 01:05 PM -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, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Deirdre Chronister, Store Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 06/05/2013 01:14 PM -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, F &M Trust Company, 214A Westminster Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Terry Glass, Security Officer, 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. 06/05/2013 01:30 PM -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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Susan Casale,Teller, 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 June 6, 2013 to Tina L. Avara, 6316 Stephens Xing, Mechanicsburg, PA 17050. 01/07/2014 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: $202.01 SO ANSWERS, January 07, 2014 RONNY R ANDERSON, SHERIFF ,fVs 3o6 LJ7