HomeMy WebLinkAbout11-5408SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OFFICE
Sheriff
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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
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11-5408 CIVg? N
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PRAECIPE FOR DEFAULT JUDGMENT =m? C-
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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
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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)
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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
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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
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