The URL can be used to link to this page

Home My WebLink About11-8358I FILED-OFFICE OF THE PROTHONOTARY 2011 NOV -4 PM 3: 1 CUMBERLAND COUNTY PENNSYLVANIA - THE 01 ?PT OF COMMCN FLEAS OF CUMBERLAND COUNTY, PEN NS-L' AN-, A CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No: //- 0111-1 vs. THOMAS R VIEHMAN COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09361399 C A Pit SJS ?I 9 Gaod ?? C?-lo(9a8?? 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 THOMAS R VI:EHMAN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to claims set forth in the following pages, you must twenty (20) days after this complaint and notice a written appearance personally or by an attorney with the court your defenses or objections to the a t defend against the take action within are served, by entering and filing in writing claims set forth gains you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, Discover Bank, is a 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. DE Servicing Corporation is the servicing affiliate nor 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 Defendant account, which is the subject of this litigation. 4. Defendant is adult individual(s) residing at 917 E COOVER ST MECHANICSBURG, PA 17055 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6973 . 6. Defendant made use of said credit card and has a current balance due of $7379.73 , as of August 31, 2011 . 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to .L' L a_ntif 8. Plaintiff is entitled to the addition of interest at the rate of 29.990. per annum on the unpaid balance from August 31, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111". 9. Although repeately requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, THOMAS R VIEHMAN INDIVIDUALLY , in the amount of $7379.73 with interest at the rate of 29.990. per annum from August 31, 2011 until date of judgment and costs. 19_9 ar rodt,42524 EINBERG & REIS CO., L.P.A. Avenue, Suite 1400 , PA 15219 955 8-7130 99 C A Pit SJS This law firm is a debt collector atcollect this debt for our client and any information obtaiused for that purpose. DISCOVER' New Balance I Minimum Payment Due Account Number ending in 6973 511584.00 Enter Amount Enckssed Below Payment r 2Date -? September 26, 2011 $ 31 SDSN6A01 0010218 THOMAS VIEHMAN 917 E COOVER ST MECHANICSBURG PA 17055-3446 Tired of buying stamps? Go nobilel Make and schedule paymerNs from your phone with the Discover app. Ira fast and ICs free. Download now at discover.com/apps PO BOX 6103 IIIurllunrlluull+Ilnl CAROL STREAM IL 60197-6103 Go Address, to www.ww.ailarteDiscever.?can a,? or change? print change change in space above. I,II„Il,r„r,lllrl.,l„rl,l??tr,rllllrrr,rll,ll,,,r,l?rrl,rll Ex IBIT 000001486458949857938000000000000000158400 Opening Dab: August 21, 2011 Closina Dab! eum.s -*I i in> t Discover More Can! Account Summary Account number ending in 6973 Previous Balance $7,379.73 Payments And Credits 7,379.73 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 far detailed APR information Credit Line $6,600.00 Cre& Line Available $0.00 Cash Advance Credit line $3,300.00 Cash Advance Credit Lira Available $0,00 -? ?? ?"'•" Anniversary Month September Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashbaar Banos Balance s - 0.00 To team mote, tog in at www.Discowr.com n OF L Payment Information Nov Balance $0.00 Minimum Payment Due $1,584.00 Payment Due Date September 26, 2011 tab Porrrent Wanking: If we do not receive your minimum payment by fire date listed above, you may have to pay a forte fur of up to $35.00 and your purchase and balance tronsbr APRs for new transactions may be increased up to the Penalty APR of 29.99% variable. Manage Your Account Online at www.Diswvor.corn • Securely access statements and free online tools, pay bills online and hack and view all transactions simply and easily • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.oiscovw.com 2. Call 1-800-DISCOVER (1.800.347-2683) Please haw your Discovers card available. 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 841 r30 (Nat a payment address( For Disci Pents se mid to address O 6103 Carrheam?ll60 976103 For TDO (releeommunicalions Device for the Deaf) assistance, please call 1-800-347-7449. i ransaams Dab Trans. Post Payments and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF $ -7,379.73 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Intereet Charged TOTAL RrTEREST FOR THIS PEDOD $ 0.00 2011 Totals Year-to-Date 9361399 TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 $ 235.00 1,312.08 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC f R DISCOVER Jt peys w - THOMAS VIEHMAN 0VEff Account number ending in 6973 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 11 days TYPE OF BALANCE A U CENTAGE ECT TO INTERESTCHARGE Itf1 ? Purchases 29.99% V s0 $0 Past Purchases 29.99% V $0 $0 Cosh Advances 29.99% V $0 $0 V - Variable Rate Additional Imperfarrt information See Yaw Cardnnruber Agrownwo Your Cardmember Agreement contains all the terms of your Account. lost or stolen cards. Report immediately! Cal 1-800-347.2683. What ra Da N You rhhsk You Find A MFsttako On Your Skdoneorrt If you think there is an error on your statement, write to us at: Discover. PO Box 30421, Salt Lake City, UT 84130-0421 In your letter, give us the Following information: Account information: Your name and account number. Dollar amount-. The dollar amount of the suspected error • Ascri fion of Probof Probfa?n: If you think !hero is an error on your bill, describe what you believe is wrong and why you believe is as mistake: You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whother or not then has been an error. the following are true: We cannot try to called the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, arrd we may continue to charge you interest on that amount. But, if we determine that we mods a mistake, you will not have to pay the amount in question or any interest or other few related to that amount. While you do not have to pay the amount in question, yaw are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rk" N You An Dissatisfied INN Your Cruedfl Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you haw tried in good Faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home skate 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 Wvwtisement we mailed to you, or if we own the company that said you the goods or services.) 2. You must have used your credit cord 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 havs_fuly 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, Sale Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, avn l tell you our decision. At that point, if we think you owe rnr amount and yaw do nd pay we ay report you delinquent. Payments. You may all or part of yawn Account balance at any time. However, you must pay d loot the Minimum Payment Due by the f a?ymert Des Date. Send aunty you payment and the fop portion of this statement in the enwbpe provided. Do not send cosh. BYX sending your cheek a. desenbed above, you authorize us to use information on your check Fo make an electronic Fund bon9ler From your account at the financial instihntion indicated on your check or to process the payment os a check transaction. If payrnsit is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use in6mah prom your check to make an electronic fund transfer, funds maY be withdrawn From your account as soon as the same day we receive your payment, and you wig not receive your check back from your financial institution . The processing of yam paymat may be dsksyed if you send cash, correspondence or other items with your payment, if you send the payment to anyy suer aokJross or if you use an emrolops other than the ere provided. Payments receuwd in proper farm at our processing fgeility ?yy SPM Ixd time on any veil be credited to your Account as of that day. Payments received at our processing facnlnfy after SPM kcal time wdl credited to ur Account as of the next day If you haw m isplgasd your snwksps, send yaw payment to Discover, PO Box 6103 Card Stream, IL 601976103. Please allow 7.10 days for delivery. If your payment is rstumed unpaid, ws reserve the rigft }o rewbmit it as an electronic debit. You can pay your scheduled monthly payment or a greater amount that doss rat exceed your current Account balance over due telephone or you can pp aufanatic payments through a customer service ivs by calling 1-800.347-2683. Automatic cots will be deducted on 1M P eat Dus Dais unkssao u? gym yu roq payment date that occurs before yam Payment Due If your schedkned payment date Falls on a weekend or bank hdiday, your ymat will be processed the business day prior to ti cur or bank holiday. In order to schedule monthl paymats 1, t?s(sphone you will need this statement and yaw bank account information. You will be asked to provide the last paw (4) d,Sffs of the social security number of the primary borrower By providirg those numbers as your electronic s1 id ure, you will be cgreai to thfa authorisation to aloes us and your bank to dedkxf each payment you authorize, in?iffkke amount sek+ded from bank account. You also oulhwize us to initiate debit or credt entries fo your bank account, as applicable, to correct annerror in the processing of such payment. You can cancel a scheduled payment by phone of 1-800-3477-32683 or by mail of Discover, PO Box 30421, Sak Lake City, UT 84130-0421, however we must receive notice at least Owes business days in scheduled payment. If your payments may vary in amount, we will tell you on each monthly dalment when veil be made and hour much it wig 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 M h to cove the Minimum Paymi;4 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 b; 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 Pav + S Bank Routing Bank Account Frequency: NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER GadA RoAig. We may report information about your Account to credit bureaus. Late paym other fenh, missed payments, or defaults on your Account may be reflected in your credit report. We normally report fie status and payment history of your Account to credit reporting agencies each month. ?If? you believe that our report is inaccurate or incomplete, please write us at the following address: Discover; PO Box 15316, Wilmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number Moaesh We bL»eggin to impose interest charges on a transaction fee or interest charge from the day we add it to the daily nee. We eor2nue to impose interest charges until you pay tin total amount you owe us. You can avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How Avoid Paving Interest on Purchases Period" It YOU paid the sue Balance on your previous mg ant by On Payment Due Date shown on that billing statement, we vela not' pose interest charges an new Purchases, a any porhon of a new Purchase, paid by the Purc hase Due Data on your currant biPing statement. new Purchases are Purchases that Frst appear on the current to t t t s a emen , How W. Apply Payments May Impad Your Grace Period It you do nor pay your Now a in mo;X7%erh, depending on the balance to which we apply your payment, You may not get a grace period on new Purchases. How We Cellist" Moved Charges Daily Balance Mail hed r°.Ile9 cerrerst trransaclierhs); We calculate interest charges each billingg period by first fi?nng the "doily baksnce" for each Transaction Category. Transaction Cotgorie3 include standard Purchases, standard Cashh Advances and different romotional b l h l p a ances, suc as Ba ance Transfers. How We Fig- do Deily Balance for Each Transadfon Calegmy • We start with the beginning balance for each day. The b inning balance for the first day of the billing period is your balance on the last day of your previous biting per ioodd • We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add an new transactions or fees as of the later of the Transaction Date or the first day of the billing period in hi h th t ca w c e ransaction or Fee posted to your Account. We subtract any new credits and payments. rn z y We make other odjushneMs (including those adjustments required in the "Paying Interest" section). Flow We R" Yaw Total Merest Chagos °o • We multiply the daily balance for each Transaction Category by its doily ppeerriodic rate. We do this for each day in the billirng period. This gives us the interest charges for each Transaction CeteBay. To get a daily periodic rate, we divide the APR that applies to the Transa ti C t b N c on a egory y 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. Now We liedud. Fees We add Balance Transfer Feet to the applicable Balance Transfer Transaction Cals?ay We add Cash Advance Fees to Ifs applicable Cash Advance Transaction Category. We add all other fees fo t7 s standard Purchase Transaction Category. B alance Subod to I detest Roe. Your statomed shows a Balance 5ubjed to Interest Rate. It shows this for each sa tron ction category. The Balance Subject to Interest Rate is the average of the dail balances d i th b ll o d y ur ng e i ing peri. Credit 0cdanc?es. If your Account has a credit balance, the amount is shown on the front of your billing statement . A credit balance is money that is owed to you. You may make chef against this amount if your Account is open We will send you a rehxnd of any remaining bakmee of $ I.Oa or more after 6 months, or as otherwise roqul.rod by applicable ksw. For TDD (Telecerremahicoisns Devito for the D*A assislmrce, please call 1-800.347-7149. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance Purposes. The Discovermcard is issued by Discover Bank, Member FDIC RZNFE001 9361399 V!Y®S110f15: Visit www.Dbcover.com or call 1-800-DISCOVER (1-800-347-2683. DISCOVER VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Natasha Szczygiel Legal Placement Account Manaaer (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. WWR# 9361399 Thomas R. Viehman 6011002830636973 IN THE COURT OF COMMON PLEAS OF T FILOFFICE C ?' ? CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 1(? DEC 27 PM 1. 37 Discover Bank, Through Its Servicing Agent, DB Servicing Corporation CUMBERLAND COUNTY Plaintiff PENNSYLVANIA I VS. Civil Action No. 11-8358 CIVIL TERM THOMAS R VIEHMAN TO THE PROTHONTARY: PIRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant THOMAS R VIEHMAN above named, in the default ofl an Answer, in the amount of $8044.71 computed as follows: Amount claimed in Complaint $7379.73 Less payments / adjustments made $0.00 Interest on the remaining principal balance from August 31, 20111!to December 19, 2011 @ the interest rate of 29.9900 per annum $664.98 Attorney's fees TOTAL $0.00 $8044.71 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: Jam e? ?azs?zss PY.ao rALI-N-4y 09361399 C A Pit SJS Plaintiff's address I'S:: c/o WELTMAN, WEINBERG &I,REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendant is THOMAS R VIEHMAN 917 E COOVER ST MECH_ANICSBURG, PA 17055' IN THE COURT 'OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 11-8358 CIVIL TERM VS. THOMAS R VIEHMAN Defendant IMPORTANT NOTICE TO: THOMAS R VIEHMAN 917 E COOVER ST MECHANICSBURG, PA 17055 Date of Notice: A-?-l 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 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 T? 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) 248-3166 WELTMAN, WEINElf.:RG & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90953 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9361399 A PIT BS4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation; Plair_tif f VS THOMAS R VIEHMAN Civil Action No. 11-8358 CIVIL TERM NON-MILITARY AFFIDAVIT 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 Serv.icemembers' 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 , THOMAS R VIEHMAN 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: THOMAS R VIEHMAN 917 E COOVER ST MECHANICSBURG, PA 17055 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 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Dec-22-2011 08:26:07 < Last First/Middle > egin Date Active Duty Status Active Duty End Date Service Name Agency VIEHMAN THOMAS t sed on the information you have furnished, the DMDC does not possess an y 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). 4wiz Abky, I- Mary M. Snavely-Dixon, Director Department of Defense - 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 Enrollm nt 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'E) (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" URL http:/b4?iy.defenselin.k.mil/fag/pis/PC09SI....fYR.htm,]. If you have evidence the person is on active duty and yo 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 inform4on 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 du status including date the individual was last on active duty, if it was within the preceding 367 days. or historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 12/22/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported 'n 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 d Ys under 32 USC § 502(f) for purposes of responding to a national emergency declared by the Pre ident and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned ag inst an authorized mobilization position in the unit they support. This includes Navy TARS, Marine orps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member w o is an active duty commissioned officer of the U.S. Public Health Service or the National Oceam and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consec tive days. Coverage Under the SCRA is $roader 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 fictive duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service membersunder the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name of SSN will cause an erroneous certificate to be provided. Report ID:VG76QAQN50 bttps://www.dmdc.osd.mil/appj/s,cra/popreport.do 12/22/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation] Plaintiff .T,. , Civil Action No. 11-8358 CIVIL TERM THOMAS R VIEHMAN ICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ?(xx) Defendant I( ) Garnishee You are hereby notif?ed that the fol owing order of Judgment was entered against you on /;, (xx) Assumpsit Judgment in the amount of $8044.71 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 ( ) ourt Order ( ) on-Pros ( ) ?onfession (xx) efault ( ) erdict COPY FROM RD ( ) Arbitrat ior)n ? ereof unto set my hand and 8ea it at Carlisle, Pa. Prothonotary T day of 20 notary By: PRO HONOTARY OR DEPUTY THOMAS R VIEHMAN 917 E COOVER ST MECHANICSBURG, PA 17055 Plaintiff's address is: 3 . 'a4z c/o WELTMAN, WEINBERG & EIS CO., 436 Seventh Avenue, Suit 1400 Pittsburgh, PA 15219 (412) 434-7955 L.P.A., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8358 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From THOMAS R. VIEHMAN - 917 E. Coover St., Mechanicsburg, PA 17055 (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 St., Carlisle, PA 17013 CITIZENS BANK - 665 North East St., 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 $g044.71 L.L.$.50 Interest $18.51 Atty's Comm % Due Prothy $2.25 Atty Paid $175.50 Other Costs Plaintiff Paid Date: 1/19/12 Davi. Buell, Prothono (Seal) By: Depq y 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THOMAS R VIEHMAN Defendant(s) M & T BANK CITIZENS BANK Garnishee(s) No. 11-8358 CIVIL TERM 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. 9361399 IN THE COURT OF COMMON PLEAS OF CUMBEILAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-8358 CIVIL TERM THOMAS R VIEHMAN - 17/7 e e'OOVef, 51'/ ?f PC ?io7/t ?csbd?. p? 170, - Defendant(s) ll LL M & T BANK - ecq/ ll.SJlP,09- 17013 CITIZENS BANK _ 665- .SLR. ) 1-adl'sfe A,!- 170/3 Garnishee(s) C) r a PRAECIPE FOR WRIT OF EXECUTION -p 3 rv TO THE PROTHONOTARY: m co X M -r, Kindly issue a Writ of Execution in the above matter... cnt- r -.E --q C`.? C -? I . directed to the Sheriff of CUMBERLAND County: =C) - CD- 2. against THOMAS R VIEHMAN , Defendant 3. against M & T BANK, CITIZENS BANK,, Garnishee 4. Judgment Amount $ $8,044.71 Less Payments/credits received $ $0.00 Interest $ $18.51 Costs $ SUBTOTAL: $ $8,063.22 Costs (to be added by Prothonotary): $ O -#'?R.ooed A'i-? 38.00 R2 , 00 O -7 5. 450 on, a. A 5 cdve Co ?? /031392 UC?ilf of Fx. ??S??c? WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esve 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. 9361399 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?9?yt?1* nl ?h>!hbr?f??? OFFICE G' THE VIERIFF E PROTHoNOTAR'f Jody S Smith Chief Deputy Richard W Stewart Solicitor 202 FEB -1 PM I : " CUMBERLAND COUNTY !?EE?NSYLVhtd1A Discover Bank I vs. Thomas R Viehman Case Number 2011-8358 SHERIFF'S RETURN OF SERVICE 01/26/2012 12:31 PM - Ronald E. Hoover, Deputy Sheriff, who being duly swom according to law, states that on January 26, 2012 at 1220 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Thomas R. Viehman, 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 Joan Crowl, 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. 01/26/2012 01:32 PM - Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1330 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Thomas R. Viehman, in the hands, possession, or control of the within named garnishee, 665 N East Street, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Tabitha Startzman, 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 27, 2012, to Thomas R. Viehman, 917 E Coover Street, Mechanicsburg, PA 17055. SO ANSWERS, January 27, 2012 RON R ANDERSON, SHERIFF Ronald E. Hoover, Deputy (d GountySuite Sheriff. Teleosoft. Inc. 1 'r p??3THONOTAV IN THE COURT OF COMMON PLEAS OF CUMBERJ? fq .JVIM VIA 34 CIVIL DIVISION cu MB NRNLAND cOIA TY DISCOVER BANK, Plaintiff(s), vs. THOMAS R VIEHMAN, Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. 11-8358 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION DISCOVER BANK Plaintiff(s), VS. THOMAS R VIEHMAN Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. 11-8358 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 12) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains a checking account in the name of the defendant, THOMAS R VIEHMAN, with an available balance less than the Garnishee's Processing Fee of $125.00 and Statutory Exemption of $300.00, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Dara Wilkerson who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. Dara Wilkerson Sworn and subscribed before me this 31 ST day of January, 2012. &otUy Publi Certificate of Service I, Dara Wilkerson, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 31sT day of January, 2012. WILLIAM T MOLCZAN, ESQ WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BLDG PITTSBURGH, PA 15219 oww(?? Dara Wilkerson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THOMAS R VIEHMAN Defendant(s) M&TBANK CITIZENS BANK Garnishee(s) Civil Action No. 11-8358 CIVIL TERM TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 CITIZENS BANK, 665 NORTH EAST 5T, CARLISLE, PA 17013 RE: THOMAS R VIEHMAN, 917 E COOVER ST, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-4181 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! r? A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 9361399 4A'N4Wz 40 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? „ tw IF I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 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 pert 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 part by the defendant or in which defendant held or claimed any interest? 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? 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? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. WWR No. 9361399 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. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 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. 11. if the response to Interrogatory 7 is in the affirmative, are other funds cominglcd in the ac<.;ount which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esql& PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 9361399 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is 4 ,- (Name) 0A of Lo n k.? , garnishee herein, (Title) - (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) FEB 0 7 2012 CA T ?-J'! S FISH' R M&T GA"" K WWR No. 9361399 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson 1- F PR t1 .,dy S Smith ° Chief Deputy 20 12 FEB 22 P 3: Q 3 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Discover Bank Case Number vs. 2011-8358 Thomas R Viehman SHERIFF'S RETURN OF SERVICE 01/26/2012 12:31 PM - Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1220 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Thomas R. Viehman, in the hands, possession, or control of the within named garnishee, M & T Bank, T W High Street, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Joan Crowl, 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. 01/26/2012 01:32 PM - Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1330 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Thomas R. Viehman, in the hands, possession, or control of the within named garnishee, 665 N East Street, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Tabitha Startzman, 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 27, 2012, to Thomas R. Viehman, 917 E Coover Street, Mechanicsburg, PA 17055. 02/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED per request of plaintiffs attorney. SHERIFF COST: $144.48 SO ANSWERS, February 22, 2012 RON R ANDERSON, SHERIFF IE.26<;? Ali:`' ?/ ?/ / Iii I HE PRO T HONOTAR 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 # 9361399 4102 FEB 24 AK I1: 40 ( Attorney for Plainti s CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK Through Its Servicing Agent DB Servicing Corporation vs. THOMAS R VIEHMAN and M&T BANK AND CITIZENS BANK Garnishee(s) Cumberland County Court of Common Pleas NO. 1 1-8358 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), M&T BANK AND CITIZENS BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James C/YVarmbrodt, Esquire Attorney(, or Plaintiff Sworn to and Before me day of February, 2012 COMMONWEALTH OF PENN;SYLiltisNii- ARY PU Notarial Seal Wendy L. Gault, Notary Public `i a y of Mtsburgh, Allegheny Counvi, My Commission Expires July 15, 2010 Member. Pennsvlvanla A_%s,cdatlor <lf ?)rtan; 0 q. suf lbsloala ?-? 9 -714 5? ti WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8358 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 THOMAS R. VIEHMAN, 917 E. Coover Street, Mechanicsburg, PA 17055 (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: SUSQUEHANNA BANK, 1196 Walnut Bottom Rd, 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 $8,044.71 L.L. Interest -- $101.82 Atty's Comm % Due Prothy $2.25 Arty Paid $355.98 Other Costs Plaintiff Paid Date: 3/22/12 Dav' uqProfhonotary (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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. THOMAS R VIEHMAN Defendant(s) SUSQUEHANNA BANK Garnishee(s) No. 11-8358 CIVIL TERM 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. 9361399 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. 11-8358 CIVIL TERM THOMAS R VIEHMAN q17 E. 0=er i6+ Meeho?nicsbur?. PA 170,015 C) Defendant(s) Mw = ?a SUSQUEHANNA BANK IIA(o U)aj 0j F3o+bM ?1isa PA (7013 c7;f rv ru Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION a TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against THOMAS R VIEHMAN , Defendant 3. against SUSQUEHANNA BANK... Garnishee 4. Judgment Amount $ $8,044.71 Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): CI 4019.00 P n ATW 36.00 C6F M. MB " 401.00 ,? 14-00 aq. 00 " q. 010 4 35s. q8 - Po A-my $ $0.00 $ $101.82 $ $8,146.53 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esgy? PA I.D. #47437 ??// WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 -*01.015 WE c0 e (D4a3y41 o agal4*'? ",+4 4 4&uu of WWR No. 9361399 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ja Jody S Smith Chief Deputy Richard W Stewart Solicitor lM BE F,LAiila ?Ur~r i ';` E='E wsYtyANIA' Discover Bank vs. Thomas R Viehman SHERIFF'S RETURN OF SERVICE Case Number 2011-8358 03/28/2012 12:50 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1248 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Thomas R. Viehman, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Tami McKee, Customer Service 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 March 29, 2012 to Thomas R. Viehman at 917 E Coover Street, Mechanicsburg, PA 17055. SO ANSWERS, March 29, 2012 RON R ANDERSON, SHERIFF i liam ine, Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff VS. Civil Action No. 11-8358 CIVIL THOMAS R VIEHMAN Defendant(s) SUSQUEHANNA BANK Garnishee(s) 7 ?d0 ? °j . l TERI'"Z' ) 9 -<> w el C-) l - cz z•C-- = mac-, r r :z --i 4 Cj TO: SUSQUEHANNA BANK, 1196 WALNUT BOTTON RD, CARLISLE, PA 17013 RE: THOMAS R VIEHMAN, 917 E COOVER ST, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-4181 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 9361399 ANSWERS TO INTERROGATORIES IN ATTACHMENT 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)? No. 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you woe 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. N/A 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. No. 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 in which defendant held or claimed any interest? No. 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? No. 5. At any time before or after you were served, did the defendant transfer or delivery any property to you or to any person or place pursuant to your directions or consent and if so what. was the consideration thereof? No. 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? No. 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. No. 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 Pa.C.S. § 8123? If so, identify each account. No. 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 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. N/A 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law?. N/A 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: April 2, 2012 ? Catherine M. Bush, Assistant Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ny R Anderson aeriff ?Qyi,xtt, s7l 4anp[trrl, ? Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank Case Number vs. Thomas R Viehman 2011-8358 SHERIFF'S RETURN OF SERVICE 03/28/2012 12:50 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1248 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Thomas R. Viehman, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Tami McKee, Customer Service 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 March 29, 2012 to Thomas R. Viehman at 917 E Coover Street, Mechanicsburg, PA 17055. 04/18/2012 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: $87.41 SO ANSWERS, April 18, 2012 RON R ANDERSON, SHERIFF {?7.• r~..7, 'T? rn Ica -fl -r T9cs SIC C;> --. -- i C 3 514FF -10o; x •25 ?- $b K3q 9,7q p3O tf.e. 50'[ fill. 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 # 9361399 Attorney for kl>(s13 ' . UIISERLA CO1JP4T ?. PENNSYLMNIA DISCOVER BANK Through Its Servicing Agent DB Servicing Corporation vs. THOMAS R VIEHMAN and SUSQUEHANNA BANK Garnishee(s) Cumberland County Court of Common Pleas NO. 11-8358 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), SUSQUEHANNA BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James Attorr I hereby certify that the foregoing is a true and correct statement of This statement is made subject to the penalties of 18 Pa.C.S. 4904 wvarmmoat, tsqutre for Plaintiff case. to unsworn falsifications to authorities. C t+ /6(4U ey P I a7y>a y