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Home My WebLink About12-3925 WELTMAN WEINBERG & REIS CO., L.P.A. c_ 1 Attorney for Plaintiff(s) ;,. rYt ?:.: cv BY. William T. Molczan, Esquire i.r ; tv W.. I.D. No.47437 °- -c 436 Seventh Avenue, Suite 1400 r Pittsburgh, PA 15219 = Na Phone: 412.434.7955 Fax: 412.434.7959 V File # 8729936 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL INC F/K/A GMAC INC Plaintiff VS. Civil Action No. /01 -..39C25 CiVi I -PM CHRISTOPHER GATES Defendant(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 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 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, 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 O 4103.?5 P,0 A 77-Y 0-0 lOS&&(501 &a 77167 COMPLAINT 1. Plaintiff is a corporation having offices in 2911 Lake Vista Dr, Lewisville, TX 75067. 2. Defendant is an adult individual residing at 43 Mountain View Terrace, Newville, PA 17241. 3. On or about September 26, 2007, Defendant duly executed a Retail Installment Contract (hereinafter the "Contract") in favor of Lancaster Pre-Owned, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a Used 2005 Ford F150. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from Lancaster Pre-Owned to Plaintiff. 6. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of $27,201.68 is due from Defendant as of June 13, 2012. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, or any part thereof to Plaintiff. RETAIL INSTALMENT SALE CONTRACT D?a cf ?? 1/a1(o -7 GMAC FLEXIBLE FINANCE PLAN Dealer Ntaros14181A Contract Humbert EXHIBIT Buyer (ma C"Wer)-Nerve and address (.dude count' and Ap code) Creabr (Bess, nrre aM addren) 1 GUte s G C CHRISTOPHER G GATES LANCASTER PRE-OWNED 105 WEST DONEGAL STREET 1143 HANHETN PIKE LANCASTEP PA 17601 lour, (arc CO•auyr, rl any1 may buy the vahde deswbed below br cash or m creda By sgrq ar masc. yw cheese b buy M voted. m Redd alder the agraemaras M rte kaa and bask of ase earead You apse b low us. to Creditor. tle Amosa Faeroes and Firearm Claree wemdae b do PWn ewealaa,1111 DNOw we wa egrse 1118 Fmeroe Charge, W a dry baM OPU t]panwW.tatnty,wlGYeshoe 08grosural tr.Fn 05 150 CREW 1FTRN14N15FBD8691 0buwwn 0 Your trad"as year.... Make Frll-, MoME5300 11499 BUICK LESABRE FEDERAL T RUTHM-LENOMM DISCLOSURES eon" FINANCE Alearad Total of Payment Total Sale Prue MINTAGE CHARGE Floroad The unotad you The total coot of RATE The door The amwd of cod have pad Sher your purchase on owl of your rbourl th cant provided to you haw made all pact klcudng f as a er acost r y ra r you tleheS scheahYd o ?7$. 1 d S 1- Your Pa0Sets Sdedule our ale Number d d = When Paymona Are Due ? P I s Mbweyberverv 10/26/2007 9 Le" Charye. If a papaem a not received m hi w*m 10 days after a a due. you we pay It left dlrq S rot vdeele a a heavy consrerdn naaor whcb, the charge coal be 06 d ft W of the Where Vad kbased on a aMe tlalekihdr rnnChop rrM brr Wry erns h?r?thaat the t ap /dean 10 days. that *A. WW Prepayment I you pay of M you debt early. you w4 not hew to pay a panaby Secwhy bdw"L You are 9"V ¦ Saousay ads acl n the vehicle bang pwcl sed Addktor' btf-I'llon: See 11" = VW for Iron nforrraaon nclureng adcrrnabon about kvUaymra, datard, arty required Iepsymert m kit bdore the -Chad Iled due, and tewuy rnlreot nEMRATION OF AMOUNT FINANCED 1 Cash prim (Souring any acce"do".serwcros,udtress) $ 37634.47 It) 2 Tout dowastandrit . pfmigabve order *d, am an Was 4H below) haws tm*.M $ o arcs, s -Saysff 9909 00 331 . M lrade•n t _ ;19.f .39 .nth 5 45 .oahar(deawbs)uIA S N/A S 1278.61 (2) 3 Unpud baterce of cash price (1 mwaa 2) S 4 Oehr charges .cl deg arnwaMt put to obey w you keep put of Mere endures ) behalf (Stier may A Con d opeolel crsM nawarce pad to ace uau-a company or company tale s N/A odabdh s NIA $ NIA a Other Inamorata pad to to ¦araance conmpey (dnc be) $ NIA C Oacrot toes band to govurensot "hoes s 43.37 D Gowmnrd bow not included m cash Ica S 609.75 E Govwrmen hmme anYO registration fees S 81.00 F carMmftotWa key S _ n0secoity aeeleet nwrd.p WF S 27.50 0 Ober Cherpes (Seller past derady who is pad and describe Purpose ) . lo ?FLI FD L FAMIke FANP S 1987.00 to 1,AHtamFk PR Is NOTARY FEE S 4.00 b 1ANCA+rFP OR for nnC FEE s 55.00 b for GAP PROW s 450.00 b HIA for NIA $ W/A to N/A for NIA - H Hat trade-n Sewlb NIA $ WT7r- Tout elm charges and anaants pod b others m your 3257.62(4) bdmtl $ S Amout k wmd (3 . 41 S T3.8 S Fern charm s 7 Total of Aamnuas - Was, balance (B. M Insolence. YOU may by to phy" dareage sou a ca, On corkad requisites (see back) tram WWW you choose who a acceptable b us You we not required b by arty other seurance to obtae credit Your decnflr b buy or not bay other rtstram will not be a factor m the credit approval Pretest N try nat=al a locked below, pontes or snkwfts iron se nsmsd salrerce compeaas corn describe to Sane NW ewrl6bpe Check the Insurance you want arid sign below. Opoanst Clean inswaroe. 0 Croce Lae A 0 Buyer O Co-Buyer Tem N? 0 Credit HTR ' (Buyer Oay) Term Prarwum N/A Credit Lae $ -fA (,Jy"Osabdys N/A ( CM" W) (Hone Omks Address) C" We nswar¢e and credt daft" easarkca an not requred to clean crack your deoepn to buy or not buy credit Ale .arena and wade d abry .anance all mM M a lector n the wads approval process They wd not be lam ded tastes You agn and agree b pay the extra coo Cmdd Me amorarce pays the -pod part of to awoun faenced it you de Tee .wares pays arty to amts d you wouS one If you pad as your payments m erm Credit deabdly murals pays the Scheduled payments due under bas c react whit you an deeded The setarlce does not cover arty vapaeas n your Paym" ou. the MMAW of payrwas The pdatsa w mdbcaSS mead by to named star rents mrnparet .ley kane brae a* coverage SW warts We or CMW disability Insurance I)MVISIMS SW the P011014,11 Or certificates; for coverage krwts and coat ema and corlaarone. Other Insrame. 0 NIA N/A TM@dNM/S rrls Tyra Remxan5 /NN N/A N/A Ibwwarce Come y) (Hone Once Address) I want to aesuraroe docked above x Buyer Sgmure Daft X C*&W Sgnaure Daft ANY INSURANCE REFERRED TO RI THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. H you do not meet your contractual otsgekom, you may Sae your motou which. HOW TSS x BE CHANGED. Tly ?b emra agreensd btlvwm you and us reSeg b cos wren Any change bas N4pi srpa x If My part of to mnad a not valid, ail cater parts a" vay tee may deley or rNran from arfmcs ary of our rights under this cordad vvWW keag them For example. we may e.ftM to tam for mdwg tome parr ams wdho t Wdergrg the arm for M*rg others You ahrabrree us to ebtam nniwmaesn about you, or are vatude you are buyag. from to BSS motor vdwde deperenanl or otter moor vdtda regetrabon Whom, Sea back for caw knperbM agresunents. Do not sign this contract m a Sunday. The Annual Pacentage Rate ms be negotiable with the Seller. The Seller may assign this contract and retain Its right to nacelles, a part of the Finance Charge. Notice to Buyer. Do not sign i ontract in blank. You are entitled to an exact copy of the contract you sign. Keep kk t y hey. Burr x 1 Daft 04/260Qzgule,swat, It Daft You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-i igrrJc guy., lea l ?j ,(???DaS 09126 /20 k sq. It Data Co•suywo and Other Ownre - A Co-byer a a Peron who a respoleple br paysg sore de. M y1er awral a a person whey rams a oo the bite b tea vehde but does not an! debt Te filar awnsragrees b 1111 easny m to v. goer to ua. M retract Other owner agree ram. Date Add Cl.d.Sgra t_ANCA kE-ONNED One 04/26I20417x nor PRES sutler a»gns a anted m tes coreact b GMAC 0 Nuvdl Sun" Au 0 GMACAB 0 Nury Credit Company, under the ftmm at Sera agrsrmd(a) w91 atlgnea Asagrrd vedh r counea AnIgrIed wdwe rerxtaes OWWO Irr.ad ?HE5 I LANCA51EP PRE- seer, Tdle I Seller True 21 w FR-PA 10012008 (Fr Vie n tee BSS d Pernsyhevs) (1 of 4) notice. Ses Other Sder V Copyrrglm 2006 GMAC N RAMS Reserved ORIGINAL OTHER IMPORTANT AGREEMENTS 1. PWANCE CHAFAE AM PAYMENTS a Now n will Ag ew Finance Charge. The Finance Charge a Npre! m At ally haw at M Head Pemnape Rea on asp urpa t part of the Annat ri- b How n WIN OPPlY PMYr WOL Wo had apply loch psymaM IM to an aaatad and uprd Pat of the Farrow Charge, and Nan b got upped pads NaA will FYwvW c. Hoer kdo prayrwe . w say payments change Whp you medt Pay. We toed ft Fenn Barge, TOW of Payments, w d TOW Sale Prbe chows m On RW on Na OMN pm Nmb you we main every P"Mft an Nr dry N a des You Fenno Charge, Toed d ?yvewr, 04 TOW Sea PON mil be mpe d you Py lame and Ira N you gay eddy. Charged nay who Nn brm of a Ingle m ¦n " 60 paynard a. At ou optan, moo Of awn Payment a Ow came an wnt as you admCk"d PW 0 wNr a wralw brsi pay go We my lewd ym a roan tang you abw Own changes Delore Oa boo adadded paynnwn a due 2. YOUR OTHER PROMISES TO US a. N Or vablale is domaged, dsetryeA we naeag. You apes b pay m W YOU 6n rrrdsr NW WrR'ad Ouse d tlN while a dente ad. drbWM. or nlwayy b. Using low vehicle. You apes not to mnm sire vpmcle *am Noe U S Of Comae, OF to NN. rent, ear, or edatw any strop n to vaada a on Cwwael 1wMOrt our w am pa mrlm You agree not b.pre win whale to aa1N, "Mn, Oa1lYabehonr, or nwwnwy ban ar N on pay ry repo boa, OWW bNA bor. bm s, a Clrrgr m on vafmcts. You agm b ram ea mount Mtan n ar w n. O. S cur y Ydorwt You mew us a sema y award K 1. The,ol had ON parts or goods no Wrtnq 2. AN any a goods raowwd ommods) for Na whaae, 3 AN rowan, era . rrA=, w War contract sou tern for yo : and 4 AN pnoco . earl aaurace, rrrntorsrn, ssn m, or olhar odwxte on Nrnnos w you The erekdn any rehadt of pro mans or ahmgp km Ile camas Thou seams paynwa of of you an on sir contract It alao soon you COW agrrnana m Not mrwact YOU ma main pee we we haw our sommly edam Pan) in ft veh to d. hrawwme you must hen on die vMWS. You apse to hoe pyscel damags maawca Covmrp lose or darape In ant vpuds for On ham d tNS ddrwad. The Man= mat open w mgdW n sire vdKb N you do rte hoe Ove swmmum. n may. d n dead., by pI I dwmapa roursom N we dlCds to by prywa damage wnlrerrN. on may by mommube that aware you One" and our alklep n sea vdvdo 0 we by din www arcs. we will toll yarn ft charge you barn pay. Thin dogs wd be Nm pranen for rib unumve em a Inca d*W r to' n' rsp red M aw perrila N we whsle w One or chomped, you "NW n mey use any narrnarla NlNWAr t b ladam whol you an m roper the whda s. What happens to returned bwmm% wn rdommacm, so im, or pion contract charges. O on gel a mlurd d `wan. merYenarw4k assom or 02M mnhad drys, you apes gat n may wWad me soled from lamp you don 3. YOU WAY PREPAY You may ppy ON or part of Na upad pay d din Amass Fenced at any on* W*%%A PM*. N you do so. you must pay low owned and unload pat of In Flrrlre Gorge had ON Oliver amoulre din up to In date dye paynont 4. IF YOU PAY LATE OR BREAM YOUR OTHER FROM m. You mays we taw, charged. You on pay a Ins dw gu m each hale paymord W dawn on the hart AmipWCa of a late payment w ate doge dome not moan you We paym e a mail Nr you `coy keep no wg We pay me N you pay loin, we ray also take the maps dseaOSd babe b. You any have to pay ON you haw at Own. N you beak your promote (doiaLM. n may dmmad do you pay ON you low on Ow mrrbaaat ammo Defout among 1 You du not My any pap me an ham. 2 You mWt a proeeedrlp in bwgwupmy or win a owed agent you of you pmperay. or 3 You break ay OWOwnwa in Ned comaL1 The ¦mtnl you had owe will be ft upend port d On Amount Famncsd phte era "mod and unpaid pad of Na Fawn Charge, any late dogged, and any arnwrm due because you daladled a You msy have to pp Oaw dm senate. N You coleus old n have to No b Coat b mover a* vNWe, you we pay to `waeorable ammsye fwee and cow aseb. as ft IN. nett You will man pay any allomy's iced and coat costs a Cwt awude a d. We say %ke Ora weh101s hear you. N you do" n may W. (Mprwa) Na veltde tam you d on do loo pacauy and to tw aaoew d N You vpada hu an eI ' - I troche- davn. ym apes 10 wa mays use Na down b and on vela W. N n ohs On vshde, any aaaaeao, moorm ov. and mpammont perm ad say no dw wlNea N any perewW dams m m to vol , no may awe rain for YOU w YOU OPparo N You do rot 04 Ice lone owns beck, n may dapaN a dam N cow tent aNcWa. 9 Nom You sea ere era whale bash N lee take It. N n reposeeds an velmclo. YOU may gat n bra by Wyrg Nm alpwd pot of Oa ArnraN Rrrwced paw no awned and WON Port of On Fed- ca Gorge, any (end eryp, and any cow amwdN as beers. you deauad TOW odd 10 a - was Man on 50 sir wtrklo. We WE NO you how much to pay to redeem. N n ropaeNN M vebmche. nmaY, si w Ofmm, allow your b gel M vehCm back boa. we r/ it by paying ail past din poprarw and am dwgr (nwab) We on teN YOU d YW my MMUM and row msup b pay d YOU my N you were n dead for toe Nan 15 days whoa n WA ne vehde, an mead ym coup pay to radewo w neimmlo w1 also MO." Me expwN a mleng M wlacI . hdduq d, and prepnM d w sea I. WO wO Sill the vwldde N yam do not go N book. N you do not `90001, n wd sed 1hO v*Klo We our std you a wen roue of ream bebro selling ft welede we had apply on ^nw" km ft sale. leas impardift 10 On No0unt fe?dym cum Aftwod eaparaes m axpwree n bay as a bract as to Batp1l hotlram d. prepamngd w sea, wed law ter .Non Reawaaba ry leas and own cow ft lent Na pornft as No allowed expenses N w" "lolly a mk (wPkw). n will pay d to you. N nanny km Ur ado k nil enogh In Pay 1a arrant YOU on. YOU WAIN Pay V41 ANN b a N you do rid pay OW amred wen n ask n my dwge you mo root at to hdreN awM .to unb you pay. g. Whet we any do about opUowd Ineraaras, rpntenWrs, aavhe, or ode anbaab. Ths MWW tray cagem dwgse fm apawmd rwuanca, ma MMilem, owvm. m oiler mraaOh a n rwpaared On vends. we nay dun bsr ' ceder gaN oenatte and annd dam b aeon reirde a uerrwe dWgN b nAca what You on a roper era val N Or while r a bed low bsoaree a a mnbaered, darrseysd. or atdin, on my chow bores ode mils contacts and caws lam b men Muds of urswrad dogN to redrco what ym ows h Nu nary rlollaa rsgmfdil0 prapapnMy and M AMmn L Ym my prey an orphn d era imbed you 001 ledw dr contract at any wge wdgd pray. gym do N, you only haw b ply M crowd oil unpaid Pon at ft Foam Charge aria N ado wnm* din p b Nn date of you psyalet. N you I I had on reposer on vnN ' ne hay, at w dPwL aNOw you b gel M vafuw, back bclwm n mil d by Wyerg ON Wet dlr Monona. lam drgps. and expwlNs WARRANTIES SELLER DISCA AMn8 The fulbrrg parapwplr mss not ailed any wamaoes aweng du 'dude sir On valmda nomdoamer WAY prowda Tha baong paapaph psi don Dg( apply at ON d you bouglit the veluds poesy w personal, bm*. at hmmomm use t dsea Os NsNer mishas a wrrtan wrremy, or enters two a sarvbe contract within NO days ham era doe at Mm comirad. Ile Scow "On sea now . Near a kapaer4 -do vebweM and there wwrodes of rrehortehity or of NleNS for a p amleuw Win 6. Used Cr ayes Gaps. TM imarmmim you ail w the r* -, ham w this whtoa Is Pan of coda convael lwlorwrlbn an We window Iwm Overrides NY Contrary provslera in am mmrad of sae. SParaah TranWtlon: Gua Pont aarnpadase din o1ble tom Nader. La bNcrmsolde quo w On at fonnuarb do Is vwdaaia Pont saw, vehiculo fora Wrm dal irosonle crests. La kilo mealdw del iwrauarla din Is wnwl/a dob sin eaaw, seda dhpmkidn en ar, k coloreds "*I embsto din 7. APPLICABLE LAW Fadval law and Po r syla m law apply b dos tenant. NOTICE: ANY HOLDER OF THE CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLANS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. J0 Y FINANCIAL INC. F/K/A GMAC INC., s. .TES, CHRISTOPHER, Defendant(s) AFFIDAVIT AS TO AMOUNTS DUE AND OWING AND MILITARY SERVICE OF DEFENDANT(S) STATE OF TEXAS W COUNTY OF DENTON BEFORE ME this day personally appeared ri ndy Shafer (Affiant) who first being duly sworn (or affirmed), deposes on personal knowledge and says: 1. Affiant is over 18 years old and competent to make this affidavit. Affiant is authorized to execute this affidavit on behalf of the Plaintiff as an employee of Ally Servicing LLC. Ally Servicing LLC is an affiliate of the Plaintiff and is responsible for the servicing and administration of the account that is the subject of the above-styled action ("Account"). The Account relates to credit given to and owed by Defendant(s) to Plaintiff. 2. Ally Servicing LLC maintains the Plaintiffs records for the Account in its capacity as Plaintiffs servicer in the ordinary course of its business. As part of Affiant's job responsibilities, Affiant has access to certain business records related to the Account. AfBant makes this affidavit on personal knowledge, after review of certain business records relating to the Account. Such business records were made at or near the time by, or from information transmitted by, a person with knowledge, kept in the course of regularly conducted business activity and it was the regular practice of Ally Servicing LLC to make such business records on the Plaintiffs behalf. 3. Defendant(s) failed to pay the amounts due on the Account. Attached as Exhibit l is a true and correct copy of the notification mailed to Defendant(s) regarding the remaining obligation under the Account as of the date of such notification. The document attached as Exhibit 2 reflects that as of the date of this affidavit, the outstanding balance owed to Plaintiff by Defendant(s) is $27,201.68. This outstanding balance includes any and all payments, credits, rebates, adjustments and charges posted to the 2 Account after the date of Exhibit 1, including but not limited to court costs, service of process fees or other legal costs. 4. Affiant reviewed certain business records of the Plaintiff to determine whether the Defendant(s) is/are in military service. Such business records do not indicate that the Defendant(s) is/are in military service. In addition, Ally Servicing LLC obtained a certificate as to military service of the Defendant(s) from the Defense Manpower Data Center (DMDC). Attached as Exhibit 3 is/are the DMDC certificate(s). Based upon the foregoing, Affiant states that Defendant(s) is/are not in military service. FURTHER AFFIANT SAYETH NOT. Ciro cry " Sha r Portfolio Coordinator The foregoing instrument was sworn to (or affirmed) and subscribed before me this day of 20/ by Cindy S h afro is personally known to me or ( ) produced as identification. Type/Print Name Here C A 14 (1) - VL i Co. NOTARY PUBLIC, State of Texas My Commission expires: 4- 5-- A049 KERRY G. FLIPPEN WELTMAN, WEIN13ERG & REIS CO., L.P.A. Notary Pub0c, State of Taws +?. My Commission Expires 3 April 06, 2016 P.O. Banc 901009 Ft. Worth, TX 76101-2009 GMAC (800 241-0172 CHRISTOPHER GATES 105 W DONEGAL ST MOUNT JOY, PA 17552 REDACTED October 9, 2008 How We Calculated Your Surplus or Deficiency Subject: Account Number ??4267 Your 2005 FORD LGT CONVTNL, VIN 1 FTRW14W15F1308691, was sold on October 3, 2008. As of the date of this letter, the amount you still owe us under the terms of your contract is $27,379.38. This amount was calculated as follows: Unpaid balance before subtracting money from sale This amount was calculated as of October 9, 2008 Money from sale Unpaid balance minus money from sale Known expenses of taking, holding, preparing for sale, processing, and selling vehicle, attorney fees, and other legal expenses: Repossessing & transporting Storage & reconditioning Selling costs Title & registration fees Attorney fees and legal expenses the law permits Total expenses Known credits: Rebate of unearned insurance premiums Extended service contract refunds Insurance and service contract claims Total credits Deficiency/(surplus) $ 37,668.59 10,000.00 $ 27,668.59 $ 529.00 74.50 105.50 30.00 0.00 + 739.00 $ 298.80 729.41 0.00 1,028.21 $ 27,379.38 The amount of any deficiency/surplus shown above may change because of future additional credits, rebates, or charges. Any deficiency shown above may also change because of additional interest accruing after the date of this letter. For more information about this transaction or to make payment arrangements, you may call us at the telephone number at the top of this letter or write us at the address at the top of this letter. Signed, GMAC EXHIBIT 1 #272195-00035CR Router Accounts ;;, I n. t. Plan ( Diary ; Choices ] AdminTd :k Letter # Br dgelink ? ?E Exception 'suo [dame 03 h 26 02,01 ? Deb". Type, Retaif Status: AcentFoCore-L!o - Account ,. r d rarda r CHRISTOPHE GATES l 'S Sa t: 27201 66 , 10/8?2008 . Names r , _ __ Vv, _ : _ pro = Y rt, D nntt: _27379,38 ' oYaw ; i ? U.gU :_-d Pay Arrears: Tq Transactions Miranda: d Bureau: F [T tj Debtors: 7 Balances Assets: N Linked, Pt Language; Ennlish InstafimentPlans 35 rA L?GSF4iiCLG CC[d.TfidL Reason: U? i?C?hdr?1'a`AEN7INSTALLMEhITS ? r Account Link R ecluest l Activity Ready tC??Pil_q Start » FO 2 D... - 7 inte... 1 sus t., knt?6x CTT._ 1{?;?;s AM REDACTED EXHIBIT 2 . rA Shft$ Report Parmut to Ser kemembea- Civil ReW Act Department of Defense Manpower Data Center Last Name: GATES First Name: CHRISTOPHER Active Duty Status As Of. Jun-05-2012 RwAft as of: Jurt-08.20120812.12 BCRA 2.2 A,Ct"Pup OW 60; " AcINRAdyt'ndDW . 'Stw» S.rriaGcrnponnar On AoM Dul yon n"DLR r Shawn o.h NA NA No NA TMs fnpoma m left ewe NWv LMW Wive duty dnan bawd on be A01" Duty ShNs Data Left AoM blay wtllm 367:Deye &AG" 0* 8WA DW Ac" Duty SW DaW MW MO &W Dib BNMS SeMW compon-d NA NA No NA Thin mpon" mftM when IM UWMdrt 10 active duty drabs wM* 387 days p ooft 8s Ache Duty Shan Dab ::....,, TM?r ote .:i- 4e.??Ma+ ?1o1rr)oub!' Dols t ?.?rt!t?!IawiRe? .. :`,0!dpif!IOdIIoMrorl'ErtacaJe ..': ,;,?IhaF.,,. BetvkeCCmponrinr NA NA No NA TAb MOW" ndincls ~W M MY" I or NOW unp hen reoOkod U*j noWNIM to report for adiw duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the infomtatlon that you provided, the above Is the status of the Individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status Includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 EXHIBIT 3 I The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as the Soldiers' and Sallore' Clvll 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 only a small error rate. In the event the Individual referenced above, or any family member, friend, or representative asserts in any manner thet the Individual was on active duty for the active duty status date, 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 'defensefink.mil" URL: htip:/Avww.defeneWink.mil/laglpWPC09SLDR.htm1. If you have evidence the person was on active duty for the active duly status date 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). This response reflects the following information: (1) The Individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received a" notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate Is defined In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were avallabie. In the case of a member of time National Guard, this includes service under a call to acute service authorized by the President or the Secretary of Defense 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 Training and A rninistradon of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (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 Cops). 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, SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(dXl). 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 vft have received orders to report for active duty or to be inducted, but who have not actually begun Wive duty or actually reported for Induction. The Last Date on Active Duty entry is Important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could 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 last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 6V6BN9IVN6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith '0011111y ot Climb 1,11,1440 Chief Deputy Richard W Stewart Solicitor QMCE ^,FTFF Ally Financial Inc. vs. Christopher Gates SHERIFF'S RETURN OF SERVICE ,a r)R 1V?Fl?t+ Fi 'i 2 1 12 JUL 16 AM 18: 4 8, vU .. _LAND PE? S?'C VA C4 UNTY A Case Numb 2012-3925 06/25/2012 04:58 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 2012 at 1658 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christopher Gates, by making known unto Dawn Garland, adult in charge at 2 Moun View Terrace, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. BI SHERIFF COST: $40.00 June 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c, Geun ySWe Sheriff. Teleosott Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL INC F/K/A GMAC INC Plaintiff vs. CHRISTOPHER GATES Defendant TO THE PROTHONOTARY: r-3 C ..,, ~ '~~. _ N x~ C Civil Action No. 12-3925 CIVIL TERM cz~ ~ te 2 O r - C7 n ..q, z ~ ~~ .. --~ fv PRAECIPE FOR DEFAULT JUDGMENT -+C cst Kindly enter Judgment. against the Defendant, CHRISTOPHER GATES above named, in the default of an the amount of $27,201.68 computed as follows: Amount claimed in Complaint $27,201.68 Interest from date of judgment at the legal interest rate of 6.0% per annum Attorneys' Fees $0.00 TOTAL $27,201.68 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance R.C.P. 237.1. on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W rodt, Esqui PA I.D.#42 Weltman, inberg & Reis Co., L.P.A. 1400 Ko Bldg. 436 Sev Avenue Pittsb A 15219 (412) 3 7955 Plaintiffs address is: 1/ c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7°i Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2 Mountain View Terrace, Newville, PA 17241 o~r--~ +`lt~. S Ck-~ ~ e~ ~.~ a- ~~ _~+ ~~ 'L7 ~ ~ t~ d~ •--fp ~~ ~~. r-' ---i ~" A %T~ _.~ ,m PA ~~ Q~- ~04 ~9 b i 9~Ic.~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL INC F/K/A GMAC INC Plaintiff CHRISTOPHER GATES CASE#: 12-3925 CML TERM Defendant ~Q~TANT I~10TICE TO: Christopher Oates 2 Mountain View Ter Newville, Pa 17241 Date of Notice: WWR#:8729936 YOU ARE IN DBFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARt~ PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECT TO THB CLAIMS SET FORTH AGAINST YOU. UNLBSS YOU ACT WITHIN TEN DAYS FROM THE DATE OF NOTICE, A JUpGMENT MAY BB BNTERBD AGAINST YOU WITHOUT A BEARING AND YOU MAY LOSE Y PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKB THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYE , GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROV[DE YOU ITH INFORMATION ABOUT HIRING A LAWYBR. 1F YOU CANNOT AFFORD TO HIRB A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU INFORMATION ABOUT AGENCIBS THAT MAY OFFBR LEGAL SERVICES TO ELIGIBLE PERSONS REDUCED FEE OR NO FEE. CUMBERLAND GOUNTY BAR ASSOCIATION 32 SOUTH BBDFORD STREET CARLISLE, PA ]7013 (717) 249-3166 WELTMAN, WEINBERG & RE1S CO., L.A.A. y ""`----.~_ Matthew D. Urban, Esquire ~`'- P.A.I.D.# 90963 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 ~T A W WR #8729936 IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL INC F/K/A GMAC INC Plaintiff vs. CHRISTOPHER GATES Defendant Civil Action No. 12-3925 CIVIL NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter as follows: states 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 Defend~nt, cxRlsTOPHER SATES is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Manpower Data Center (DMDC), which states that the DMDC does not possess any in indicating that the below individual is in the military service: Christopher Gates 2 Mountain View Terrace Newville, PA 17241 Affiant further states that the averments contained herein are true and correct to the st of Affiant's knowledge, information and belief and that these averments are made subject to the p nalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to au#horities. Department of Defense Manpower Data Center F~asnt t~- Sc~-~c~ ~iYil RiCI Apt Last Name: GATES First Name: CHRISTOPHER Middle Name: Active Duty Status As Of: Aug-09-2012 Results as of :Aug-09-2b72 06:28:30 SCRA 2.3 on Acthp DWy fktAcww DtdY Shen Dab Adiw ouy sbA ob Adhm Duly ~ ~rJ,ra sMtn sarvms Corrgwennt NA NA No NA This resparuo relleop 61!• kMMtlnb' ectlva ttulY'ataan'baaad m er Aative Onry Status Date fall Adfve Duty tiHtlran 987`Daya of AsIHa Duq BY~ta Date Acthta OWy Sfn't DUaM AtAMs Duty End Date $laWe Servbe Ccxrponent Thb reeporue tellecb vAtan M kbNldual fell aWve duty~li"GMit 967 deya preceding the AcUw..Duly SbWe Dale The k/emDar a Hb!ltar UMt Was NattlMd of a Futurs C+IN-L)p ~ AcaYrs L'ktly on Attlve Duty 9bWe Dab Ordet NoWkx6ort 8bR Dab ordaf Nod6atgon End Dale ~tus Sarvia Component NA N1- ..., No NA Thb response relbcb wfntlter tha GttlNiduda AiaRier unit has received early rwgficaaon b report fa active duty Upon searching the data banks of the Department of Defense Manpower Dete' Centar, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Heal h, and Coast Guard). This status includes information on a Servicemember or hislher unit receiving notification of future orders to report for Active Duty. r~,~ r~ ,,cr.~-~.- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and eligibility Reportlng 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 Servicemembers Civil Relief Ad (50 USC App. § 501 et seq, as amended) (SCRA) (formerly kn wn as the Soldiers' and Saibrs' Civil Relief Ad of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that t e individual is currentty on adive duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any mily member, friend, or representative asserts in any manner that the individual was on adive duty for the active duty status date, or is otherwise enGtl 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 th "defenselink.mil° URL: httpJ/www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty talus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 52 (c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual I ft Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for ctive duty on the Active Duty Status Date. More information on "Active Duty Status" Alive duty status as reported in this certificate is defined in accordance with 10 USC § 101 (d) (1). Prior to 2010 only some of the active duty peri s less than 30 consecutive days in length were available. in the case of a member of the Natonal Guard, this includes service under a call to active servi e authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by th President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization positi in the unit they support. This includes Nary Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard eserve Program Administrator (RPAs}. Alive Duty status also applies to a Uniformed Service member who is an adive duty commissioned officer of the .S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). 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. SCRA protections are for Title 10 and Title 14 adive duty records for all the Uniformed Services nods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of adive duty, which would extend SCRA protections. Persons seeking to rely on this websi certification should Bieck to make sure the orders on which SCRA proted3ons are based have not been amended to extend the inclusive dates of rvice. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be included, but who h ve not actually begun adive duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of th SCRA extend beyond the last dates of active duty. Those who could 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 last name, SSNldate of birth, and adive duty status date provided by the requester. Providin erroneous infomtation will cause an e-roneous certificate to be provided. Certificate ID: 9V4N70AB55 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL INC F/K/A GMAC INC Plaintiff vs. Civil Action No. 12-3925 CIVIL TERM CHRISTOPHER GATES Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Ju e t was entered against you on ~ o~ (xx) Assumpsit Judgment in the amount of $27,201.68 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 Award Prothonotary sy: PROTHONOTARY (OR DEPUTY) Christopher Gates 2 Mountain View Terrace Newville, PA 17241 c/o Weltman, Plaintiffs address is: Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 1-888-434-0085 152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff vs. ` r Civil Action No. 12-3925 CIVIL TERM CHRISTOPHER GATES t a YY~Oun~-~n v 1~ l~~Q~ 1f ~~ ...,- Defendants ` 'n ? ``~' °z' `~' -"- M&T BANK, ~ ~~=J~ ~~~ S~. f ~r `lS~~. ~~YT ~~~5~ J Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against CHRISTOPHER GATES, Defendant 3. against M&T BANK, Garnishee .~ ; -~ ~~ _ w { ? ' '~ ~' ~ .., S ~.- ~ , ~ - 1: ~ ~°q 4/ ` !. 4. Judgment Amount $ 27201.68 Interest $ 205.69 Costs $ SUBTOTAL: $ 27407.37 Costs (to be added by Prothonotary): $ Cj~ ~~t. y~a.oo ~~ S ~, ,, '~3- ~ ~ t < O ~~ +~ ~ ~ s °`~'1 ~ ~~~ ~~ ~- o~ ~, Asa 3 ~ ~~ ~~ d ~~ ~~ 303$ ~rt~ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue ,aS~ ~ Pittsburgh, PA 15219 ~`~. (412) 434-7955 6. SvLL WWR#08729936 )N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff vs. CHRISTOPHER GATES Defendants M&T BANK, Garnishee, No. 12-3925 CIVIL TERM PRAECIPE FOR 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#08729936 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~,x~~~tis pt ~;rr~~rr{_~i4 t - : -, ~iet~ iJ`~rt" `_ ,. i}ll Y 7 ~o~ L l ~~ F ~ ~ ~ t3 ~'~l~9BE~~aNt.3 ~:~i~~'~` ~~~~~~t'~~~~~1'~ Ally Financial Inc. Case Number vs. 2012-3925 Christopher Gates SHERIFF'S RETURN OF SERVICE 11/21/2012 09:38 AM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joan Crowl, Teller, personally three copies interrogatories together with three true and attested copies of the Writ of Execution and made the nts there of known to her. LLI CLINE, DEPUTY November 26, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff vs. CHRISTOPHER GATES Defendants and M&T BANK Garnishee No. 12-3925 CIVIL TERM ~Sw~rS {~ INTERROGATORIES IN ATTACHMENT M&T BANK _y ~. _ ~ ~., - ;~;~ . _~.~ j ~i ~° ~~ ~' ~, FILED ON BEHALF OF: ," Plaintiff c~.? ~-~ -"' . ~ ` COUNSEL OF RECORD OF - ~' ' THIS PARTY: _ t-- +~~.:~' William T Molczan, Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#08729936 TN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLY FINANCIAL, INC F/K/A GMAC, INC Plaintiff vs. CHRISTOPHER GATES Defendants and M&T BANK Garnishee Civil Action No.: 12-3925 CIVIL TERM TO: M&T BANK Suggested Reference No.: XXX-XX-0112 l WEST HIGH ST CARLISLE, PA 17013 RE: CHRISTOPHER GATES 2 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 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. 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)? ~d 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. ~~ 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. ~v 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. ~~ 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 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? ~h 12. If the response to Interrogatory 11 is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. \' WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG EIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#08729936 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is . ___._ ... _.__ M&T SAt~~e) lJ ~~ of ,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. ;t / ~ NOV ~ 7 20~ (SIGNATURE) t~~ MASS fd8-T DANK