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HomeMy WebLinkAbout12-0944NV ELT-,"AN, W:i'INBERG & REIS CO., L.P.A. r,i -icy, UJ - _ A iorns?y for Plaintiff(s) -Z ? n ? -r F - BY: William T'. 1`Jclczan, Esquire -<> - - ? I.D.No.47437 436 Seventh Avenue, Suite 1400 - ' Pittsburgh, P.2 15-219 Phone: 412.4-34.7955 Fax: 412.4'• 4.7959 File # 7? 78025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RBS CITIZENS, N..':. %lain';iff vs. Civil Action No. 1.Z - qq 0,;, 1 lerk, L..,NNIE! F FORS!,U:N0 LAURA. L FORSLUND Defendarib's) COMPLAINT AND NOTICE TO DEFEND YOU HAVE. BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following ppges, you rri.st 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 object ons to the claims set forth against you. You are warned that if you fail to do so the case may proceed kAthout 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 o: property or other rights important to you. YOU SHOU;_D 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' W;TH AFORMATION ABOUT HIRING A LAWYER. YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU V';"Ti a !AFOFiIViAT1,0N ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERS(',N;', AT A REDI.;CED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 s /03.'75 04 ATTy Gr7?' Io3 S1 /0(0 ? ` 291000 COMPLAINT Plaintiff is a corporation having offices in 480 Jefferson Blvd, Warwick, RI 02886. Defe-dants are adult individuals residing at 5402 Oxford Drive, Apt C, Mechanicsburg, PA 170". 3. On yr bout March 10, 2003, Defendants duly executed a Retail Installment Sale Contract (,ereinafter -_tie "C(.ntract") in favor of Faulkner Mazda Subaru, a true and correct copy of said Contract is attached hereto, market as Exhibit "I" and made a part hereof. 4. Pursuant to said Contract, Defendants took possession of the vehicle more particularly identified in the Contract as a Used 2001 Mazda Tribute. Pursuant o the terms and conditions provided by the Contract, the Contract was assigned from Fcialkner Ma:;da Subaru to Plaintiff. 6. Plaintiff avers that Defendants are in default of the Contract by having not made payment to Plaintiff -2s promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of $19,875.08 is due from Defendants as of September 2, 2011. o. Plaintiff avers that the Contract between the parties provides that Defendants will pay F'•ainti,i s reasonablc «ttorneys' fees. 9. Plaintiff avers that such attorneys' fees amount to $125.00. 10. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pa,., the principal balance, attorneys' fees, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, Daniel P Forslund and Laura L Forslund, jointly and se-erally, in the amount of $19,875.08 with continuing interest thereon at the statutory rate of 6.0G% per annum from the date of Judgment, plus attorneys' fees of $125.00 and costs. THIS IS AN A-d'TEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL. 'BE USEi? FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molezan, quire I.D. No.47437 436 Seventh Avenu , Suite 1400 Pittsburgh. PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7378025 PENNSKYANIA ----- -- -----' --' ? 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AN .did trpN k ISO Ln a+ddY. d W W?e?k. bledn rt1,KMIt 1M CNkwWMq bled tWleanokw abr.kenb. trepNtd Ktx le.h Ant. el.ydp be". o.p. SO W W. d N. At9(eMK Sent, 6, u,i VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, tha lie she is ,1 la e, ,;' / (NAME) ? faU 1 Ve n o6a tac oyl of K& 61ttze j?s , AJ , plaintiff v (TITLE) (COMPANY) herein, that he/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 his/her knowledge, information and belief. (I ", Jaz (SIGNATURE) WWR# 7378025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor RBS Citizens, NA vs. Daniel P Forslund (et al.) oWlr?tr o{ 4at?roberfr? ? ? H°,:. 'V2 MAR -I PM 3: 42 LAW RI-F EN"5? L Case Number 2012-944 SHERIFF'S RETURN OF SERVICE 02116/2012 09:04 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 16, 2012 at 2104 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daniel P. Forslund, by making known unto himself personally, at 5402C Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM KLACR, DEPUTY 02/16/2012 09:04 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 16, 2012 at 2104 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Laura L. Forslund, by making known unto Daniel Forslund, Husband of Defendant at 5402C Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM BLACK, DEPUTY SHERIFF COST: $54.00 February 23, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF o; cau a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA tL 4 C? I`0 1 O TA R`' CIVIL DIVISION RBS CITIZENS, N.A. L_1AND COUNTY Plaintiff_ `.'zNISYLYAIA VS. Civil Action No. 12-944 CIVIL TERM DANIEL P FORSLUND LAURA L FORSLUND PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONI'ARY: Kindly enter Judgment against the Defendants DANIEL P FORSLUND , LAURA L FORSLUND , above named, in the default of an Answer, in the amount of $20000.08 computed as follows: Amount claimed in Complaint $19875.08 Less payments / adjustments made $0.00 Attorney's fees $125.00 TOTAL $20000.08 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 : William T. Mo czan 7437 07378025 C A Pit TIC Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendants are DANIEL P FORSLUND 5402 OXFORD DRIVE APT C MECHANICSBURG, PA 17055 LAURA L FORSLUND 5402 OXFORD DR APT C MECHANICSBURG, PA 17055 C? IU?c15(Q? 12-*a73 y78 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RIBS CITIZENS, N.A. Plaintiff Case No. 12-944 CIVIL TERM vs. DANIEL P FORSLUND LAURA L FORSLUND Defendant IMPORTANT NOTICE TO: DANIEL P FORSLUND 5402 OXFORD DRIVE APT C MECHANICSBURG, PA 1705 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 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 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3168 WELTMAN, WEINBERG & REIS CO., L.P,A. By: Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 7378025 A PIT WTM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RBS CITIZENS, N.A. Plaintiff Case No. 12-944 CIVIL TERM vs DANIEL P FORSLUND LAURA L FORSLUND Defendant IMPORTANT NOTICE TO: LAURA L FORSLUND 5402 OXFORD DR APT C MECHANICSBURG, PA 17055 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 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 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 7378025 A PIT WTM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RBS CITIZENS, N.A. Plaintiff. vs. Civil Action No. 12-944 CIVIL TERM DANIEL P FORSLUND LAURA L FORSLUND 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 Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendants , DANIEL P FORSLUND , LAURA L FORSLUND , are 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: DANIEL P FORSLUND 5402 OXFORD DRIVE APT C MECHANICSBURG, PA 17055 LAURA L FORSLUND 5402 OXFORD DR APT C 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. AFFIANT Request for Military Status Department of Defense Manpower Data Center 10 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-02-2012 10:07:47 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency FORSLUND DANIEL P Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Ohl, lot 0144, 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 Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://ww,?v.defenselink.m.il/fag/pis/PC09SI..,DR.htm.l. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 4/2/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:1 I6UL 1 l32HF https://www.dmde.osd.mil/appj/scra/popreport.do 4/2/2012 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-02-2012 09:56:14 <. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess FORSLUND LAURA L any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of 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 Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://,.N,-wtiv.defenselin.k.m.il/fag/pis/PC09Sl..,DR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 4/2/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:5QAT83HOJA https://www.dmdc.osd.mil/appj/scra/popreport.do 4/2/2012 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RBS CITIZENS, N.A. Plaintiff VS. Civil Action No. 12-944 CIVIL TERM DANIEL P FORSLUND LAURA L FORSLUND NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fo lowing order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $20000.08 plus costs. ( ) Trespass Judgment in the amount of $ plus costs- ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration A 7d Prothonotary By: PROTHONOTARY DEPUTY DANIEL P FORSLUND 5402 OXFORD DRIVE APT C MECHANICSBURG, PA 17055 LAURA L FORSLUND 5402 OXFORD DR APT C MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-944 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RBS CITIZENS, N.A. Plaintiff (s) From DANIEL P. FORSLUND & LAURA L. FORSLUND, 5402 Oxford Drive, Apt. C, 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: MEMBERS 1sT FCU, 1711 SPRING ROAD, 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$20,000.08 Interest $118.36 Atty's Comm % Atty Paid $205.75 Plaintiff Paid Date: JUNE 18, 2012 L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothon t (Seal) By: • Deputy REQUESTING PARTY: Name : MATTHEW D. URBAN, 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. 90963 i ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RBS CITIZENS, N.A. Plaintiff VS. Civil Action No. 12-944 CIVIL TERM c DANIEL P FORSLUND t{ p;L ?'p,.cl ?' • C , fn ntk-- -PA ? - R 1-705S Y w J LAURA L FORSLUND Defendant(s) A Vie ? MEMBERS 1ST FCU 1 (71 1 coc `11 Garnishee(s) • PRAECIPE FOR WRIT OF EXECUTION C^? ` `; TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against DANIEL P FORSLUND LAURAL LAURA, Defendant 3. against MEMBERS 1 ST FCU,, , Garnishee 4. Judgment Amount $ $20,000.08 Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): a ate} sy,F 60 75 $ $0.00 $ $118.36 $ $20,118.44 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ?a• Sv ?? ck W553 195 WWR No. 7378025 wrl-i 4 ex IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RBS CITIZENS, N.A. Plaintiff VS. DANIEL P FORSLUND LAURA L FORSLUND Defendant(s) MEMBERS 1 ST FCU Garnishee(s) No. 12-944 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7378025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RBS CITIZENS, N.A. Plaintiff VS. Civil Action No. 12-944 CIVIL TERM DANIEL P FORSLUND LAURA L FORSLUND Defendant(s) C, MEMBERS 1ST FCU Garnishee(s) ,. TO: MEMBERS 1 ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: DANIEL P FORSLUND, 5402 OXFORD DRIVE APT C, MECHANICSBURG, PA 17055 LAURA L FORSLUND, 5402 OXFORD DR APT C, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-2327 XXX-XX-4433 ?nSW?S IWORTANT 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. am m jUN 2 5 NQ WWR No. 7378025 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)? ?4 o 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 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. I-cr0 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. tv ? 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? ey l 0 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? ? \ p 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? .?A c) 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? tAO 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. t"'k L) WWR No. 7378025 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. . 0-0 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. til 10. If the answer to Interrogatory I 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' N 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? I 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. 7.'L Ua d 1 vcx.?_ S ` M,JVV\Q_ NtL Ou---, WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7378025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FIL -UMCE Jody S Smith ? u?u of tTr;r,?pr??? C-r Tit ONN,' NARY Chief Deputy Z 'UN 27 AN 8: X42 ?x?9c Richard W Stewart Solicitor C 'CE -ERIFF CUM VL9 CITY VANI A RBS Citizens, NA vs. Case Number Daniel P Forslund (et al.) 2012-944 SHERIFF'S RETURN OF SERVICE 06/22/2012 10:19 AM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on June 22, 2012 at 1019 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Daniel P. Forslund, and Laura L. Forslund, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Laurie Shultz, Member 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 June 25, 2012 to Daniel P. Forslund at 5402 Oxford Drive, Apartment C, Mechanicsburg, PA 17055 and to Laura L. Forslund at 5402 Oxford Drive, Apartment C, Mechanicburg, PA 17055. SO ANSWERS, June 25, 2012 RON R ANDERSON, SHERIFF : Noah Cline, Deputy (c) Cour??ySuite Sneritt. Ieleosoft. Inc. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7378025 RBS CITIZENS, N.A. VS. DANIEL P FORSLUND, LAURA L FORSLUND, and M & T BANK Garnishee(s) Attorney for P1. 2412 ,, 13 P" 2:32 CUMBERLAND County Court of Common Pleas NO. 12-944 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), M & T BANK,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molczan, quire Attorney for Plainti amm '& .SOPaH1. SHERIFF'S OFFICE OF CUMBERLAND COUNTY .finny R Anderson ILFIC Sheriff OFJOE PROTHONOTA'� t Jody S Smith 201 MAR 15 AM 9: Chief Deputy Richard W Stewart CUMEERLA ND COUNTY Solicitor OFFICE OF THE SRERIFt' t'E"0S i LVANIA i i I RBS Citizens, NA vs. Case Number Daniel P Forslund(et al.) 2012'944 SHERIFF'S RETURN OF SERVICE 06/22/2012 10:19 AM-Noah Cline, Deputy Sheriff,who being duly swam according to law,states that on June 22, 2012 at 1019 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants,to wit: Daniel P. Forslund,and Laura L. Forslund, in the hands, possession, or control of the within named garnishee, Memb,*s 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by%anding to Laurie Shultz, Member 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 June 25,2012 to Daniel P. Forslund at 5402 Oxford Drive,Apartment C, Mechanicsburg, PA 17055 and to Laura L. Forslund at 5402 Oxford Drive, Apartment C, Mechanicburg, PA 17055. 03/14/2013 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. SHERIFF COST: $98.13 SO ANSWERS, March 14,2013 RONW R ANDERSON, SHERIFF i i t (c)C,ountySuite Sheriff,Teleosoft.Inc.