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HomeMy WebLinkAbout11-5445A. 2109884 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 c? JOEL M. FLINK, ESQUIRE --? Identification No.: 41200 rnco C- M T 1001 E. Hector Street, Ste 220 z;D r- rnrn Conshohocken, PA 19428 y (-n 484/351-0500 cC:l a° _ D C)m Main Street Acquisition Corp. COURT OF COMMON c- PLEAS P.O. BOX 2529 CUMBERLAND COUNTY - SUWANEE,GA 30024 DOCK T ` (?qC ` I VS. E NO. - I J v ELIZABETH FAY 4 DARRIN AVE Newburg PA 17240-9222 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR. OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 U(& '% qa• U° ?A a Uk is? ? aU 13sy M COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of May 20, 2011 in the amount of $6,628.29. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 9/13/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,628.29 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB G, ESQUIRE JOEL M. FLIN UIRE Attorney for aintiff P01A.DB 2109884 11107155 Main Street Acquisition Corp. ELIZABETH FAY 6011380024909897 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. NAME : M1 EXHIBIT "A" 2109884 Main Street Acquisition Corp. ELIZABETH FAY 6011380024909897 AFFIDAVIT I, m- wm C being duly served sworn according to law, depose an say that: 1. I am an affiant for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case and base this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff Main Street Acquisition Corp. upon the purchase of debtor's account, which was issued by HSBC BANK NEVADA NA ISSUER OF Direct Merchants Discover Card. 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $6,120.22 plus interest of $461.79 at the rate of 6% less credits in the amount of $.00 totaling $6,582.01 as of April 4, 2011. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true an correct to the best of my knowledge, information and belief. Q AFFI T NAME : ?? Woo k Sworn to and Subscribed before/' zp?e this day n of ,l,G( 424 , 201 Notary'Public F Ir ?*?`rN?d4R1?rd?M SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff 0117 THE PROTI ONO rl;.W( Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 JUL 22 AM 8: ? 2 CUMBERLAND COUNTY PEENNSYLVANIA Main Street Acquisition Corp. vs. Elizabeth Fay Case Number 2011-5445 SHERIFF'S RETURN OF SERVICE 07/14/2011 05:21 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2011 at 1721 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth Fay, by making known unto Steve Tucker, adult in charge at 4 Darrin Avenue, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $48.00 July 18, 2011 RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ,1 {,ptlr k'?lt : Si P. Y f :? iryi. .1G. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 -F?? 4 E : Y 0TH, X11 pR' eta r?l? 11? 14BERLAND COUNTY Main Street Acquisition Corp. VS. ELIZABETH FAY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5445-CIVIL PRAECIPE FOR ENTRY OF JUDGWNT FOR WANT OF AN ANSWER, ASSESSMLNT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $6,628.29 Less: Payments on Account ( $.00) Total: $6,628.29 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Main Street Acquisition Corp. and that the last known address of defendant:, ELIZABETH FAY, 4 DARRIN AVE, Newburg PA 17240-9222. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 ri? years of age. 0-m?%114,--pd C*-41 1 55 3 -71 1 AND NOW, this day of , 2011 Judgment is entered in favor of the plainti f( s) an a 'nst defen4nt(s) by default for want of an answer an dama s a ssed ae the sum of $6,628.29 as per the above cert' cat' n Protho ary GORDON & WEINBERG C. BY: FREDERIC ILYE-INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2109884 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 11-5445-CIVIL ELIZABETH FAY 4 DARRIN AVE Newburg PA 17240-9222 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. ,(XL Judgment by Default $6,120.22 Money Judgment $ Judgment on Award of Arbitrators$ f? Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PROTHONOTARY r . - GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2109884 Main Street Acquisition Corp. vs. ELIZABETH FAY TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5445-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT ELIZABETH FAY 4 DARRIN AVE Newburg PA 17240-9222 DATE OF NOTICE/FECHA DEL AVISO: August 4, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. F'1 l". BY: FREDERIC;?? W INBERG, ESQUIRE JOEL M. ;'F/"INK, ESQUIRE PLOD-2 / v 2109884 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 t., F�IL D-O�� Q � JOEL M. FLINK, ESQUIRE Tl c i .'ROT ONOTt Identification No. : 41200 1001 E. Hector Street, Ste 220 2013 SEP -3 PH 2: 26 Conshohocken, PA 19428 cum��R�A� —484/351-0500 � �Yt 0 COUNTY VANI =Main Street Acquisition Corp. COURT OF COMMON PLEAS P.O. BOX 2529 CUMBERLAND COUNTY �SUWANEE,GA 30024 VS . DOCKET NO. 11-5445-CIVIL —ELIZABETH FAY °4 DARRIN AVE Newburg PA 17240-9222 and �Woodforest National Bank =60 Noble Blvd. Carlisle, PA 17013 GARNISHEE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: _ Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against ELIZABETH FAY defendant (s) and (2) against Woodforest National Bank garnishee (s) (3) Amount Due $6, 628 .29 Interest from August 24, 2011 $792 . 13 Costs Prothonotary fee Sheriff fee (4) Less: Payments on Account . 00 TOTAL 1i� OD 11 � �.OF 4 LAD on�� CIO FREDERIC I . WEINBER , ESQUIRE C��'' ��7c�9S JOEL M. FLINK, ESQUIRE Attorney for Plaintiff T / �#-01 qs1TS;j, wrl� WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-5445 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due MAIN STREET ACQUISITION CORP.Plaintiff(s) From ELIZABETH FAY,4 DARRIN AVENUE,NEWBURG,PA 17240-9222 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: WOODFOREST NATIONAL BANK,60 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; (2) 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$6,628.29 Plaintiff Paid$ Interest FROM AUGUST 24,2011 -$792.13 Attorney's Comm. % Law Library$.50 Attorney Paid$183.00 Due Prothonotary$2.25 Other Costs$ Date:Sept.3,2013 � � David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: FREDERIC I.WEINBERG,ESQUIRE Address: GORDON&WEINBERG,P.C. 1001 E.HECTOR STREET,SUITE 220 CONSHOHOCKEN,PA 19428 Attorney for:PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson fi 1 E -f = 1ti; Sheriff {.. . 41F f-�R0THCNIG"I n'RY �kwat�v rat�•tfxiaGr���r���r , Jody S Smith NYI 3 SEA " 9 �6 ? 0 Chief Deputy x Richard W Stewart CUMBERLAND COUHT ' Solicitor OPFCCOF THE VRERI€F pE N5YLVAMA Main Street Acquisition Corp. Case Number vs. Elizabeth Fay 2011-5445 SHERIFF'S RETURN OF SERVICE 09/12/2013 07:20 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, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Melissa Lock, Branch 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 Setpember 13, 2013 Elizabeth Fay at 4 Darrin Avenue, Newburg, PA 17240-9222. VffM1XA CLINE, DEPUTY SO ANSWERS, x 2Z/� September 13, 2013 RbNW R ANDERSON, SHERIFF (ct CountySuite Sheriff,Telecsoft.inc. ' GORDON & WEINBERG, P.C. t B')C: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS P.O. BOX 2529 CUMBERLAND COUNTY SUWANEE,GA 30024 VS. DOCKET NO. 11-5445-CIVIL ELIZABETH FAY 4 DARRIN AVE Newburg PA 17240-9222 and CIO Woodforest National Bank .F11 T1 60 Noble Blvd. Carlisle, PA 17013 C) C:*, GARNISHEE '` r vi5WCr5 °� c _� A INTERROGATORIES IN ATTACHMENT TO: Woodforest National Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 3U0. QO f,11' W YIe5, ©nv-&Aec1-sa c, Go vn f- Va 6a l�►c�•� ��, Gar a 9a��cti P 2. At thg time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. 4. At th Mime you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? ,) a 5. At any time before or after you were served did the defendant(s) transfer or deliver any__.property to you or to any_._person or place pursuant to your direction or consent and if so what was the consideration therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant (s) or to any person or place pursuant to his (her, their) direction or i 2 otherwise discharge any claim of the defendant(s) against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) 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 of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ,v v 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) 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, ident y each account. 9. How/UV is the value of any property in your possession r' belonging to the defendant(s) ? ��i �/ A 4e. � 360,d o 7r�rn (-11 a FREDERIC I. W INB G, ESQUIRE JOEL M. FLINK, SQUIRE Attorney for Plaintiff L� DATED: E/ � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Main Street Acquisition Corp. Plaintiff VS. Case No. 11-5445-Civil Elizabeth Fay Defendant VERIFICATION I, _Mary Herber hereby state that the.facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date: September 16 2013 J /a.,t By: Mary Herber, Legal Clerk W. Jeff Levi, Vice President Woodforest National Bank 25231 Grogan's Mill Rd., Suite 100 The Woodlands, TX 77380 832-375-2898 —Phone 832-375-3071 —Fax STATE OF TEXAS COUNTY OF MONTGOMERY Before me, the undersigned authority, personally appeared Mary Herber on the 16th day of September, 2013 and stated that the foregoing is of their personal knowledge and is true and correct. G.. F? NOTARY PUB IC IN AND FOR THE z N = STATE OF TE AS s 4 f OF �i •'•..EXPIRE•• b 6 i 2 Ira 23 w {'1f 2109884 'x ' GORDON & WEINBERG, P.C. 2613 SU 30 pH 1• 5 7 BY: FREDERIC I . WEINBERG, ESQUIRE CUMBERLAND Identification No. : 41360 COUNTY JOEL M. FLINK, ESQUIRE PENNSYLVANIA Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS P.O. BOX 2529 CUMBERLAND COUNTY SUWANEE,GA 30024 vs . DOCKET NO. : 11-5445-CIVIL ELIZABETH FAY and Woodforest National Bank Garnishee PRAECIPE FOR JUDGMENT UPON ADMISSION TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Main Street Acquisition Corp. , and against the Garnishee, Woodforest National Bank, in the amount of $6, 628 .29, admitted in the Answer to Interrogatories to be in the Garnishee' s possession, together with interest and costs which is not more than the amount of the judgment of the Plaintiff against the Defendant together with post judgment costs and post judgment interest which is $7, 633. 88 . Date: ' ` GORDON & WEINBERG, P.C. //( BY: FREDERIC I. W IN RG, ESQUIRE JOEL Attorney tiff aviL\ ' aq`°a�� b ilkatAtd ` GORDON & WEINBERG, P.C. pocts84 B�: FREDERIC I. WEINBERG, ESQUIRE' Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS P.O. BOX 2529 CUMBERLAND COUNTY SUWANEE,GA 30024 vs. DOCKET NO. : 11-5445-CIVII. ELIZABETH FAY 4 DARRIN AVE Newburg PA 17240-9222 and Woodforest National Bank 60 Noble Blvd. Carlisle, PA 17013 GARNISHEE INTERROGATORIES IN ATTACHMENT TO: Woodforest National Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant (s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the 1, defendant for any reason? _Yes ©fl'e(.q i�i►e o l'<'r N 4c, 06„,, t- qa B4 lam►c e,,o &' o 02/:iz f AiicL fax. 4reityphaq 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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. NV 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 in part by the defendant or in which defendant held or claimed any interest. /U 0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any._property to you or to any__,person or place pursuant to your direction or consent and if so what was the consideration therefore? ` P "`!' 6. At a time after you were served did y y you pay, transfer or ��� deliver any money or property to the defendant (s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) 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 of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. x.if1 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) 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. /U 9. How much is the value of any property in your possession belonging to the defendant (s) ? 9°1-1' q /06 ec, Acco u 044.(74L,Alak-oe ed gl 304,610 Extvi a 9 i et)e' : FREDERIC I. W INS •G, ESQUIRE JOEL M. PLINK, SQUIRE Attorney for Plaintiff�L DATED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Main Street Acquisition Corp. Plaintiff vs. Case No. 11-5445-Civil Elizabeth Fay Defendant VERIFICATION I, Mary Herber hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unswom falsification to authorities). Date: September 16, 2013 77! • By: Mary Herber, Legal Clerk W. Jeff Levi, Vice President Woodforest National Bank 25231 Grogan's Mill Rd., Suite 100 The Woodlands, TX 77380 832-375-2898—Phone 832-375-3071 —Fax STATE OF TEXAS COUNTY OF MONTGOMERY Before me, the undersigned authority,personally appeared Mary Herber on the 16th day of September, 2013 and stated that the foregoing is of their personal knowledge and is true and correct. 'A/ k oP ,� ` NOTARY PUB IC IN A D FOR THE /\ e = STATE OF TE AS 2109884 GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs . DOCKET NO. : 11-5445-CIVIL ELIZABETH FAY EEE and Woodforest National Bank Garnishee = NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT UPON ADMISSIONS HAS BEEN ENTERED AGAINST YOU IN mom THE ABOVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL FREDERIC I. WEINBERG, ESQUIRE AT 484/351-0500 �y A /36/2 FILEO-OFFtCL OF THE PROTHO O` A ,3, 2109884 20f3 OCT 25 Pli 2: 07 GORDON & WEINBERG, P. C. BY: FREDERIC I . WEINBERG, ESQUIRE O MBERLANDCOUNTY Identification No. : 41360 PENNSYLVANIA JOEL M. FLINK, ESQUIRE Identification No. : 41200 c 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs . DOCKET NO. : 11-5445-CIVIL ELIZABETH FAY and Woodforest National Bank Garnishee ORDER TO SATISFY JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly mark the judgment entered against garnishee Woodforest National Bank in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 1� P013 A C. 9. 6-p 1 aNLA C,‘L . 1O,-4 age ?, I 2109884 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Main Street Acquisition Corp. vs. ELIZABETH FAY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11 -5445 -CIVIL ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered above -captioned matter satisfied upon P005 August 24, 2011 in payment of your GORDON & WEINBERG, P.C. BY: ‘Iliiii FREDERIC I I IIJBERG, ESQUIRE JOEL M. F N'', ESQUIRE Attorney •r Plaintiff cos the is only. soi.orPtt ct+I(A 2.H° -sats