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HomeMy WebLinkAbout11-7425- LE 0 F F0 ii?.yE F, r, H N Til 2 !I'SE 28 PM I: !q UMBERL A H b C0) UiN T EENNSYLV N111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVF_NIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No: ??- ?L7- 7e-lii vs. COMPLAINT IN CIVIL ACTION JODY RHODY TIMOTHY RHODY Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09329171 C A Pit SJS 0-S q q7 . C) o 'ed /7 J C # l o f 39-S O'! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No JODY RHODY TIMOTHY RHODY Defendants COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you b the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, the collection of delinquent accounts, marketing, application approval, transaction approval, customer service, and billing. The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendants account, which is the subject of this litigation. 4. Defendants are adult individual(s) residing at 80 ALTERS RD CARLISLE, PA 17015 5. Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX2289 6. Defendants made use of said credit card and has a current balance due of $5893.28 , as of July 31, 2011 . 7. Defendants are in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to P!aintiF? 8. Plaintiff is entitled to the addition of interest at the rate of 18.990% per annum on the unpaid balance from July 31, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 9. Although repeately requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendants JODY RHODY AND TIMOTHY RHODY INDIVIDUALLY , in the amount of $5893.28 with interest at the rate of 18.990% per annum from July 31, 2011 until date of judgment and costs. James C. Wa ro t,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Se n h Avenue, Suite 1400 Pittsb r PA 15219 (412) 43 -7955 FAX: 1 -338-7130 GVWR# 09 29171 C A Pit SJS This law firm is a debt collector attem ?/nq to collect this debt for our client and any information obtained l be used for that purpose. DISCOVER New Balance ^Minim um Payment Due $0.00 $9n L- I Payment Due Date August 26, 2011 31 SDSN6A010002978 JODY RHODY TIMOTHY RHODY 80 ALTERS RD CARLISLE PA 17015-8969 Address, e-mail or telephone chonge8 Go to www.Discaver.corn or print change in space above. Account Number ending in 2289 Enter Amount Enclosed Below $ EXHIBIT PO BOX 6103 IIIurlluurllnullsllnl CAROL STREAM IL 60197-6103 )1111,1111rrrrlll1Inlnrlrllnrr1Illlrrnrllr1Ir,nrllnlnll 000001986458956386433000000000000000097700 vpemng wars: .turf [o, Au it i - (dosing vaM7 July 31, Discover Motiva Card Account Summary Account number ending in 2289 Previous Balance $5,893.28 Payments And Credits 5,893.28 Purchases + 0.00 Balance transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance 0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $8,000.00 Credit Line Available $0.00 Cash Advance Credit Line $4,000.00 Cash Advance Credit Line Available $0.00 Anniversary Month January Opening Cashback Bonus Balance $ 0,00 New Cashback Bonus This Period + 0,00 Cashbaclr Bonus balance $ 0,00 To loam more, log in at www.Discover.com 2011 page of 2 Payment Information New Balance $0.00 Minimum Payment Due $977.00 Payment Due Date August 26, 2011 Late PaymaM Warning. If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00. Manage Your Account Online at www.Discovw.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEW) Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.Discavw.com 2. Coll I.800-DISCOVER I1-800.347.2683) Pismo have your Discovers card avoilob 3. Write to us at Discover PO Box 30943, Soh Lake City, LIT 841 §0 (Not a payment addreu) For payments,__pplease send to address on remittance or Discover PO hex 6103, Carol Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449 Transactions TDranates, Post Payments and Credit Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -5,893.28 Fees TOTAL FEES FOR THIS PERIOD S Man Interest cnorgea TOTAL INTEREST FOR THIS MIOD $ 0.00 2U 1 1 Totals Year•to-Date 9329171 TOTAL FEES CHARGED IN 2011 $ 245.00 TOTAL INTEREST CHARGED IN 2011 600.38 NOTICE; SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER it pays to JODY RHODY DMCAffiR' I Account number ending in 2289 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: b days TYPE OF BALANCE Purchases Cash Advances Balance Transfers V - Variable Rate ANNEUAL MCENTAGE RAT(AFRI 18.99% 23.99% 18.99% BALANCE SUBJECT TO INTEREST RATE $0 $0 EO INTEREST CHARGE $0 $0 $0 Additfonal Important Information. See your Cordmornber Agroomord. Your Cardmembw Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately) Call 1-804347.2683. )What To Do N You Think You Find A M eke On Your Skftmaint you think there is an error on your statement, write to us at: Discover PO Box 30421 Salt Lake City, UT 84 1 30-042 1 In your letter, give us the following information: Account Information: Your name and account number Dollar amount; The dollar amount of the suspected error M. ipti f Probl m; IF you think there is an error on your bill, describe what you believe is wrong and why you believe mista e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors Vdin?. You may call us, but if you do we are not required to investigate any potential errors and you may haw to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to tolled the amount in question, or re7=0 u as delinquent on that amount. The charge in question may remain on your statement, we ay continue to charge you interest on that amount. But if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rfaha ff You An If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to tarred the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. IF all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover , PO Box 30945, Sak Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payrnenb. You may all or pat of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the f o"ent Dw Daft. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. BY sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer From your account at the financial institution indicated on your_ check or to process the payment as a check transaction. If paymam is processed as an electronic fund transfer the transer will be for the amount of the check. When we use information from your check to make an electronic fund tra s6 funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive yew check back from your financial institution. The processing of your payment may bs delayed if you send cash, correspondence or other items with your payment , if you send the payment to airy other address or iF you use an envelops olfier that the erns provided. Payments received in proper form at our processing facility by SPM kxal time on any dayy will be credited fo your Account as of (hat day. Paymenh received of our proceumg Facrli after SPM local time wiR be credited b your Account as of the next day. If you haw misplaced your envelope, send your payment to Discover PO floe 6103 Carol Stream, IL 60197-6103. Please allow 710 days for delivery. If your payment us returned unpaid, we raserw the rig(it to resubmit it as an electronic debit. You can pay yaw scheduled monthly payment or a greater amount 1ha1 dose red exceed your current Account balance over this telephone a you ears salup outomafie pa nsnts through o customer naivete rspnsantaiive by cailfng 1.804347-2683. Automatic payments will be deducted on tM Payment is Dote urtlas you request a payment date 92acem before your Payment Dw Date. If your scheduled payment date [alb on a weskand or bank faliday, your poymer? will be procesidthe business day for to the weekend or bank holiday. In order to schedule monthly paymants ?y to pie hone you will need this statement a?your bank account information. You will be asked to provide the last lour (4) digits of the social security number of the primary borrower. By providing those numbers as your electronic signature, you will be agrwingLto this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debt[ or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-80347.2683 or by mail at Discover, PO Box 30421, S4 Lake City, UT 8 4 1 30-042 1, however we must receive notice at least three business days in scheduled payment. If your payments may vary in amount, we will tell you on each monthly statement when ?e will be made and how much it will be. You must ensure that sufficient Funds are available in your bank account, and all transactions must comply with U.S. law. If your scheduled Payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, you will be responsible for paying the difference. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. Your automatic payment amount may be less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. IF you enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization for your records. Amount ? Full Pay ? Min Pay ? Min Pay + S Bank Routing Bank Account Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. IF you believe that our report 1s inaccurate or incomplete, please write us at the following oddness: Discover, PO Box 15316, Wilmington, DE 198505316. Please indicate your name, address, home telephone number and Account number Paying Interest. Interest Charges are imposed on all transactions from the date the transaction is posted to ur Account until the date you pay your entire .Ts Balance, by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Dus Dote shown on that statement, and you pay the Now Balance by the Payment Due Date on your current billing statement, we will not impose Interest Charges on now purchases, that is, purchases first appearing on the current statement. We call this the grace period. Otherwise, you will receive a billing statement next month that includes Interest Charges on those new purchases. There is no grace period on balance transfers or cash advances. How We Calculala interest Charges Daily flolence Method (including current transactions): We figure Interest Charges for each billing period. To do this: calculate standard ash ocivar9es child each separately pfor urchase balance transfer and cash advance balance subjecctt foil Purchases, terms). We refer to these balances as transaction categories. We figure the "daily balance" for each tronsoct'on category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance. We then sublrod any credits and payments and make other ad'ustments. In calculating the daily balance for the first day of the billing per. iod, we consider the "previous day's Icily balance" to haw been your balance on the last day of your previous billing period. This gives us the doily balance for each transaction category. We figure the Interest Charges an your Account by multiplying the daily balance for each tronsoction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When we calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which it occurs, in which can the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Credit balances. If your Account has a credit balance, the amount is shown on the Front of your billing stotement. A credit balance is money that is owed to you. You may y? make charges against this amount if your Account 1s open. We will send you a refund of any remaining balance of $1.00 or more otter 6 months, or as otherwise required by applicable law. For TOD (Telecommunications Deviu for dw Dee) assistance, please call 1400-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality aswronce purposes. The Discover'ocard is issued by Discover Bank, Member FDIC 01 T8K 170 9329171 Qu@stlons? Visit WWW.Discovwxom or call 1-800-DISCOVER (1.800-347-2683) DISCOVER ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): STATE OF OHIO COUNTY OF FRANKLIN WELTMAN 6011002844162289 $5,893.28 JODY RHODY TIMOTHY J RHODY Yvette Benner, personally appeared before me, on this day and after being duly sworn, according to law, and upon my oath and state as follows: I am a Legal Placement Account Manager for DB SERVICING CORPORATION, the servicing affiliate of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of the Plaintiffs suit on account against the Debtor(s). ,THAT, in my capacity as Legal Placement Account Manager, I have access to records regarding the Discover Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DB SERVICING CORPORATION maintains these records in the ordinary course of business. THAT the account is in default. THAT Exhibit A is a true and accurate statement of what is now due and owing Discover Bank on the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military services of the United States and is a resident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Af iant'?' SUBSCRIBED TO AND SWORN TO before me this day of 2011. Roho W RENEE L. MORGAN NatifyPubk St*ofONo byCotr *dMB0N AprP 3, 2016 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczvgiel. Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC servicing agent for Discover Bank (Company) plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. (Signature) 97JU WWR# 9329171. Jody Rhody 6011002844162289 SHERIFF'S OFFICE OF CUMBERLAND COUNTY i? Ronny RAnderson Sheriff Jody S Smith' 0 i ?T _ - 4F Chief Deputy'' Richard W Stewart CU,MBER LAND Solicitor ?r F E W 'J' J' " Discover Bank vs. Timothy Rhody (et al.) Case Number 2011-7425 SHERIFF'S RETURN OF SERVICE 09/29/2011 03:10 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2011 at 1510 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jody Rhody, by making known unto Timothy Rhody, Husband of Defendant at 80 Alters Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY 09/29/2011 03:10 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2011 at 1510 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Timothy Rhody, by making known unto himself personally, at 80 Alters Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.00 September 30, 2011 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF r;.,n.e?.:Sale Sher:'. Telec:;`t. In; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER tY!Y6tl '? 1`?S' sfr?lU Ntm I uR ?avG4n ?j}rG1tlD? VS. JODY RHODY Civil Action No. 11-7425 CIVIL TERM TIMOTHY RHODY c -w Defendant(s) 'vim - ----"" M&T BANK 'rn cx? Garnishee(s) --? -°? PRAECIPE FOR WRIT OF EXECUTION "zc:) _ TO THE PROTHONOTARY: =© o -'?-4 c-n ? Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: d / 80 Alts sa 2. against JODY RHODY TIMOTHY TIMOTHY , Defendant lisle, 17015 3. against M&T BANK... arnishee 1W. } sF, (isle PA 17813 4. Judgment Amount $ $5,304.77 Less Payments/credits received $ $0.00 Interest $ $63.66 Costs $ SUBTOTAL: $ $5,368.43 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: /'A) A- William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building a? g1o1?1.? 436 Seventh Avenue 50 , ap gF- Pittsburgh, PA 15219 q&. 00 (412) 434-7955 14.00 " 01.50 " -tua 187.50- A-Ry . Ck I63y(Q07( WWR No. 9329171 a ?0?o s ?x? c( & s??? 40 , i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK t -Ty)" SefV) (A Plaintiff No. 11-7425 CIVIL TERM vs. JODY RHODY TIMOTHY RHODY Defendant(s) M&T BANK Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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. 9329171 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7425 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Through it's Servicing Agent DB SERVICING CORPORATION, Plaintiff (s) From JODY RHODY and TIMOTHY RHODY, 80 Alters Rd, Carlisle, PA 17015 (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: M&T BANK, 1 W. High Street, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,304.77 L.L. $.50 Interest -- $63.66 Atty's Comm % Due Prothy $2.25 Atty Paid $187.50 Other Costs PlaintiffPaid Date: 2f10/12 - David D. Buell, Prothonotary (Seal) 10 -t 0 Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FOFIC T iE PR0TI10JNdTAR ( Discover Bank vs. Timothy Rhody (et al.) 'R'1FF SHERIFF'S RETURN OF SERVICE 2612 FEB 16 PM 2: 01 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2011-7425 02/14/2012 03:17 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 1517 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jody Rhody and Timothy Rhody, in the hands, possession, or contro of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Vanessa Cassell, Customer Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 15, 2012 to Jody Rhody at 80 Alters Road, Carlisle, PA 17015 and Timothy Rhody at 80 Alters Road, Carlisle, PA 17015. SO ANSWERS, February 15, 2012 RON R ANDERSON, SHERIFF --7 Noah Cline, Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 112 MA 19 AM 9- 3 CUMBERLAND gt1tq',-y., PENNSYLVANIA Discover Bank I Case Number vs. 2011-7425 Timothy Rhody (et al.) SHERIFF'S RETURN OF SERVICE 02/14/2012 03:17 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 1517 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jody Rhody and Timothy Rhody, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Vanessa Cassell, Customer Representative, personally three copies o 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 February 15, 2012 to Jody Rhody at 80 Alter: Road, Carlisle, PA 17015 and Timothy Rhody at 80 Alters Road, Carlisle, PA 17015. 03/16/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $99.04 SO ANSWERS, March 16, 2012 RON R ANDERSON, SHERIFF t?? ash. ?. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) C) I.D. No.42524 (= -? 3 ° Z 436 Seventh Avenue, Suite 1400 M m ? ; Pittsburgh, PA 15219 M Phone: 412.434.7955 -< Fax: 412.434.7959 File # 932917 1- Mw DISCOVER BANK ? Through Its Servicing Agent DB Servicing Corporation Cumberland County Court of Common Pleas vs. JODY RHODY TIMOTHY RHODY and M&T BANK NO. 11-7425 CIVIL TERM Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), M&T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Jame Warmbrodt, Esquire Att for Plaintiff I hereby certify that the foregoing is a true and correct stateme t of he above case. This statement is made subject to the penalties of 18 Pa.C.S. 9 relating to unsworn falsifications to authorities. -f Sv `.'t J-'r Id, ?a NQII ? ?3 -7?50) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. JODY RHODY TIMOTHY RHODY Defendant(s) M&TBANK ) ? Garnishee(s) Civil Action No. 11-7425 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against JODY RHODY TIMOTHY TIMOTHY, Defendant 3. against M & T BANK... Garnishee 4. Judgment Amount $ Less Payments/credits received Interest Costs SUBTOTAL: Q` Sd . oo Car 9 C?. 0(4 " c) oo y . Do dol. (? q So`` Costs (to be added by Prothonotary): t5 a ` 32a $ C c ° o m m - f g I -? _..j $5,304.77 $2,190.00 -* SIN $ $253.66 $ $3,368.43 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 C?t? I???oo08 WWR No. 9329171 ? ? ?? 1st L ?J? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. JODY RHODY TIMOTHY RHODY Defendant(s) M&TBANK Garnishee(s) No. 11-7425 CIVIL TERM PRAECIPE F R WRIT OF EXECUTION 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. 93291 7 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7425 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff (s) From JODY RHODY, TIMOTHY RHODY, 80 ALTERS ROAD, CARLISLE, PA 17015 (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: M & T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$3,114.77 Interest $253.66 Atty's Comm % Atty Paid $322.54 Plaintiff Paid Date: DECEMBER 19, 2012 (Seal) L.L. $ Due Prothy 2.25 Other Costs David D. Buel , rothonotaryDeputy REQUES'T'ING PARTY: Name : WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0 i-- THE P R 0 TH 0 N'O'[A P;',' Jody S Smith r,-. 2013 SEP 10 AM 10: 1 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OFF CE OF T14E SVERIPP PENNSYLVANIA Discover Bank Case Number vs. 2011-7425 Timothy Rhody(et al.) SHERIFF'S RETURN OF SERVICE 01/09/2013 10:22 AM-Amanda Cobaugh, Deputy Sheriff,who being duly sworn according to law, states that on January 9, 2013 at 1022 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants,to wit: Jody Rhody and Timothy Rhody, in the hands, possession, or control of the within named garnishee, M&T Bank, I W High Street, Carlisle, Cumberland County, Pennsylvania, by handing to Donna Egolf,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 January 10, 2013 to Jody Rhoda at 80 Alters Road, Carlisle, PA 17015 and to Timothy Rhody at 80 Alters Road, Carlisle, PA 17015. 09/03/2013 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. (NOTE: Attorney's office filed a praecipe for satisfaction of judgment February 4, 2013;did not notify our office to close out). SHERIFF COST: $158.00 SO ANSWERS, September 09, 2013 RbNl,-rY R ANDERSON, SHERIFF (C)CounLySuite SherW,Teleosoft,Inc.