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HomeMy WebLinkAbout12-6461IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff VS. CIVIL-LAW`-r- DENNIS J. MARTIN, DOCKET NO.] a LPL4 LY1 Vi 1? = ' c3 Defendant NOTICE TO DEFENDANT TO THE DEFENDANT: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800-692-7375 717-249-3166 717-238-6807 RAY OND W. KESSLER, ESQUIRE S W3 ?-?a 8ao3y' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff VS. : CIVIL-LAW DENNIS J. MARTIN, DOCKET NO. Defendant COMPLAINT The Plaintiff, Unifund CCR, LLC, by and through its attorney Raymond W. Kessler, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, Unifund CCR, LLC is a Corporation doing business at 10625 Techwoods Circle, Cincinnati, Hamilton County, Ohio 45242. 2. The Defendant, Dennis J. Martin, is an adult individual residing at 1147 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant obtained a Visa credit card on or about November 24, 2004, from Chase Bank USA National Association, (hereinafter "original creditor"), Account number 4266 0501 5000 0897. 4. Unifund CCR, LLC has been assigned the account of the Defendant by Pilot Receivables Management, LLC. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 5. Pilot Receivables Management, LLC purchased the account of the Defendant from Pinnacle Credit Services, LLC. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 6. Pinnacle Credit Services, LLC purchased the account of the Defendant from Chase Bank USA National Association. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit C. Defendant used the extended credit leaving an unpaid balance of $14,709.52 with interest continuing to accrue at 6.00% per annum. 8. Defendant defaulted on the payments due and the last payment on this account was on or about December 27, 2009. 9. The balance on the charge-off is $14,709.52 and post-charge off interest has accrued in the amount of $1,973.56 to date for a total remaining balance due of $16,683.08. 10. In consideration of the extension of credit provided by original creditor through a credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his/her account. 11. Defendant accepted the extension of credit and utilized the credit card without complaint, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 12. Defendant's failure to pay is a breach of the agreement between the Defendant and original creditor. 13. It is averred that an implied contract exists based upon Defendant's use of the credit card and his/her payments made on the account to the original creditor. 14. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to Defendant and that the original creditor expected to be paid for the Defendant's use of this credit. 15. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he/she received the same to Defendant's benefit. 16. The total reasonable value of the Defendant's use of the credit extended by original creditor is $16,683.08. 17. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 18. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 19. By virtue of Plaintiff's assignment of this account, Defendant is indebted to the Plaintiff in the amount of $16,683.08. WHEREFORE, Plaintiff, Unifund CCR, LLC, demands judgment against Defendant in the amount of $16,683.08, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Raymond W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ASSIGNMENT THIS ASSIGNMENT is effective as of August 1, 2012 between PILOT RECEIVABLES MANAGEMENT, LLC an Ohio limited liability company ("Assignor") and UNIFUND CCR, LLC, an Ohio limited liability company ("Assignee"). Unless otherwise defined herein, terms used herein shall have the meanings specified in the Servicing Agreement between Assignor and Assignee (the "Agreement"). Assignor, for value received and in connection with the Agreement, transfers and assigns to Assignee all of Assignor's rights in the Receivables, for collection purposes only, including conducting litigation in Assignee's name, for those Receivables which Assignor owns or may acquire from time to time. Assignor shall retain title and ownership of such Receivables. The assignment is without recourse to Assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, collectability, accuracy or sufficiency of information, and applicability of any statute of limitations), except as stated in the Agreement or herein. PILOT RECEIVABLES MANAGEMENT, LLC By: ,- T1 Morg Lzsin th Vice Pr si en of pe ation UNIFUND CCR, LLC By: Manager of Legal DCFIIBR EXHIBIT C PINNACLE CREDIT SERVICES, LLC 7900 Highway 7, Suite 200 St. Louis Park, MN 55426 BILL OF SALE PINNACLE CREDIT SERVICES, LLC ("Seller") has entered into a Credit Card Purchase Agreement, dated December 28, 2011 ("Agreement") for the sale of Accounts described in Exhibit A thereof to PILOT RECEIVABLES MANAGEMENT, LLC ("Purchaser"), upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Purchaser all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement, provided however such transfer is made without any representations, warranties or recourse. Purchaser and Seller agree that the Purchase Price shall be as stated in Exhibit B, attached to the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the twenty-eighth day of December, 2011. PINNACLE CREDIT SERVICES, LLC /l By: =-? A Robert M. Schofield Chief Operating Officer Page 14 of 14 CHAS E X11" BILL OF SALE Closing Date: 11/28/201 1 Chase Batik USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated 11/0 011 between Chase Bank USA, N.A. and Pinnacle Credit Services. LLC (' Purchaser" ), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the Pile Creation bate of 11/2112011 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in the Final Data F1 le, entitled (Account's Primary File Name) attached hereto and made part hereof for all purposes. Number of Accounts Total Unpaid Halances Premium Due Seller Amounts due to Seller by Purchaser hi hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on (the "Closing Date") 11128/2011 by 2:00 p.m. Seller's time, as follows: Chase Bank USA. N.A. ABA Beneficiary Name: Chase Bank USA, N.A. Beneficiary Account., This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement. No other representation of or warranty of title or enforceability is expressed or implied. Chase Bank U896 ca:-) Pinnacle Credit Services, LLC "l " 4 By: Ericka Lon;'f?-°""? l f Date: 11122/2011 Date: k e /I/ Title: Team Manager Title 0/11 f'/ i r i1 } 1 ??r. V 10.26,201 1 EXHIBIT VERIFICATION OF COMPLAINT AGAINST DENNIS J. MARTIN The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Unifund CCR, LLC Chris Blanton Authorized Representative for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff VS. : CIVIL-LAW DENNIS J. MARTIN, DOCKET NO. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. Dated this 10 day of 00-dl C/-- , 2012 Ra and W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Department of Defense Manpower Data Center 40 Status ROPM Pummt to SeMeemembers Civil Relief Act Last Name: MARTIN First Name: DENNIS Middle Name: J Active Duty Status As Of: Oct-05-2012 Results as of : Oct-05.2012 09:3956 SCRA 2.3 On Ache Duly On Aam Duly Shen Ode Active Duly Start Date Arive Duly End Dale statics service Corap- NA NA No NA This responm re& cb ft With dduft solve duly stake email m ft Mime Duly St lug Daes Left Active Gay VKtin 307 Days of Active Duly Stara Deb Active Duty SW Dab Active Dray End Dab st" Softies cotrtpertere NA NA No NA This response (elects wtwe tte OdMdusl left aclive duty etehts wittin 307 days precednp Me Active Duty Stars Dale The Menthe( or NiaMer"MIAs NoWad N a Futisw Cs"* b Acivs Duly m Ache Duly Sbers Dab Order Nobficalim start tale Orider Noliicatm End Dele StWt Service Comporwre NA NA No NA The response reaects whether to irtdb llud or twitter unit has received early roYfnion to report for ache duty Upon searching the data hanks of the DepaAnient of Defense Manpower Data Center, based on the Irdormation 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. 41? Mary M. Snavey-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 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 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 kidk:ating got 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 mariner that 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 "defenselink.mil" URL: httpJ/www.defenseOnk.miL4aq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fall to obtain this additional Service verification, punitive provisions of the SCRA maybe 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 Acute 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 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 avallable. In the case of a member of the National Guard, this includes service under a call to active 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. AM Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration 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 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 Tide 10 and Title 14 active duty records for all the Uniformed Services periods. Tide 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 active duty, which would extend SCRA protections. Persons seeking to rely on this webske 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 acute 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 doles of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure thm all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: U3Q9V502B6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs. CIVIL-LAW DENNIS J. MARTIN, DOCKET NO. Defendant : CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff Unifund CCR, LLC 10625 Techwoods Circle Cincinnati, OH 45242 Defendant: Dennis J. Martin 1147 Pine Road Carlisle, PA 17015 Respectfully submitted, Raymond W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff :CIVIL-LAW vs. 2 7i DENNIS J. MARTIN, DOCKET NO. C__ ? ° r` Defendant=, cr '. ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Unifund CCR, LLC, Plaintiff, in the above captioned matter. Respectfully Submitted, RAY OND W. KESSLER, ESQUIRE Attorney No. 309802 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNT Ronny R Anderson Sheriff Jody S Smith ~',a ,,,- ~ R?~' ~~~1"1 t I'fJ~~ l,`1'" Chief Deputy Richard W Stewart ~~~~ ~~~ 29 ~~ ~~ ' ~ Solicitor ~~~~~~~~1t~J ~~~~ ~ ~~ PENi~SYl..vAt~lA Unifund CCR, LLC Gase Number vs. Dennis J. Martin, Sr 2012-6461 SHERIFF'S RETURN OF SERVICE 10/22/2012 06:54 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2012 at 1854 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dennis J. Martin, Sr., by making known unto himself personally, at 1147 Pine Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to hirrr personally the said true and correct copy of the sarrre. ,~ =~ ~''; - N GUTSHAL EPUTY SHERIFF COST: $34.00 October 23, 2012 SO ANSWERS, a._-._.~.._"~.-- RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR LLC, Plaintiff VS. CIVIL-LAW DENNIS J.MARTIN, l y1 '"i ��' DOCKET NO. 12-6461-CIVIL Defendant CO►At 51 e VS. 1?015 M&T BANK, Rpin} rJ W. Garnishee � PRAECIPE FOR WRIT OF EXECUTION Z:;2D --4 (MONEY JUDGMENT) "' „1 To the Prothonotary: `` -n Issue a Writ of Execution in the above matter, z C � ' 3>C: (1) directed to the Sheriff of Cumberland County, Pennsylvania C_-) Cn (2) against DENNIS J. MARTIN,defendant; and (3) Against M&T Bank, Garnishee; (4) and index this Writ in the judgment index and (a) against DENNIS J. MARTIN,defendant(s), and (b) against M&T Bank, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s)as follows: N/A (5) Amount Due: $ 16,766.50 Interest from 12/04/2012 $ 835.11 Credits $ 0.00 Other $ 0.00 Costs to be added: Clerks Fee: $ 29.00 QS Sheriff: $ 150.00 ate} npo r a Total. $ 17,780.61 gq,60 Dated this�{ day of00cf14Cr_ 2013 ' Raymo W. Kessler, PA ID#309802 Qs a Attorney for Plaintiff V 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570)387-6474 as tu % SO(,l. Cr *_ IS3s 12 it @,Use ��� d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-6461 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR LLC Plaintiff(s) From DENNIS J.MARTIN, 1147 PINE ROAD,CARLISLE,PA 17015 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: M&T BANK,FRONT, 1 W.HIGH STREET,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$16,766.50 Plaintiff Paid$ Interest FROM 12/4/2012-$835.11 Attorney's Comm. % Law Library$.50 Attorney Paid$ Due Prothonotary$2.25 Other Costs$183.25 Date: 10/7/13 Zb.f44- "� '�C,GQ-d _ David D. Buell,Prothonotary (S'eal) 1 Deputy REQUESTING PARTY: Name : RAYMOND W. KESSLER,ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG,PA 17815 Attorney for: PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No.309802 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff sit C 11111 04 l (''°! Jody S Smith o� ' Chief Deputy 4 I': c`t I€t 2 Richard W Stewart , _ ,-. Solicitor :$t, , Z PENNSYLVANIA Unifund CCR, LLC Case Number vs. Dennis J. Martin, Sr. 2012-6461 SHERIFF'S RETURN OF SERVICE 10/09/2013 02:46 PM- Dawn Kell, 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 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Kim Seavers, Bank 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 October 11, 2013 to Dennis Martin at 1147 Pine Road, Carlisle, PA 17015. c6 Wl, DAWN KELL, DEPUTY SO ANSWERS, 67:49_ October 11, 2013 RONNY ANDERSON, SHERIFF '4ificu arSeila;iher+t ."e. so't IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UN1FUND CCR LLC, Plaintiff • vs. : CIVIL-LAW DENNIS J. MARTIN, : DOCKET NO. 12-6461-CIVIL Defendant vs. • • M&T BANK, Garnishee • r c: � cn r- �r INTERROGATORIES TO GARNISHEE cn `: TO: M&T Bank w f" Front, 1 West High Street cp Y' Carlisle, PA 17013 "" 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. If you need additional information such as a social security number, contact the attorney listed at the -J end of this document. Po '7:1 t 1. At the time you were served or at any subsequent time did you o` v `vr-, defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? • 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or irk which defendant held or claimed any interest? d ' cc Airs 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 direction or consent and if so what was the consideration thereof? N)J 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 the defendant's direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other 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 exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. • 45, ry 8. If you are a bank or other institution, at the time you wer GrAat subsequent time did the defendant have funds on deposit in an account in iQ �c on deposit, not including any otherwise exempt funds, did not exceed the amount°M " �!�/ general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If your answer to any of the above is in the affirmative, state the amount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as may be relevant to this attachment. COMPLETED B : Melissa M Peters M&T Bank ;r)--) Signature Name(print) Title OCT 102013 Interrogatories submitted to garnishee by: Raym nd W. Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs. CIVIL-LAW DENNIS J. MARTIN, DOCKET NO. 12-6461-CIVIL Defendant vs. M &TBANK, Garnishee PRAECIPE TO DISCONTINUE ATTACHMENT To the Prothonotary: Kindly discontinue the Writ of Execution against M & T Bank. - SUBMITTED BY: • Raymon . Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main St. Bloomsburg, PA 1781.5 Tel. (570)387-1873 Fax (570)387-6474 4*21-6 ate /Z ‘2 ?7/cr, Legal Document Processing © M&TBank Phone #716-635-7717 Fax # 716-635-7725 October 10, 2013 Raymond W Kessler, PA 36 West Main St Bloomsburg, PA 17815 Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee Unifund CCR LLC Vs Dennis 3 Martin Case No 12-6461-CIVIL Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders Trust Company has searched its records and has identified the following account(s) with balances due its customer(s) as of Acct No. Balance Acct No. Balance No Record If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit boxes identified at any of our branches are listed below. (Branch Number- Safe Deposit Box Number If any of the above accounts or safe deposit boxes are designated by a "J"that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest. With respect to all safe deposit boxes, an order directing the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. Sincerely, Melissa Peters Legal Document Analyst (716) 635-7717 Enclosure: Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, New York 14240 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR LLC, • Plaintiff vs. : CIVIL-LAW DENNIS J. MARTIN, : DOCKET NO. 12-6461-CIVIL Defendant vs. • M&T BANK, • Garnishee INTERROGATORIES TO GARNISHEE TO: M&T Bank Front, 1 West High Street Carlisle, PA 17013 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. If you need additional information such as a social security number, contact the attorney listed at the end of this document. � F ` 6 ( ne , w 1. At the time you were served or at any subsequent time did you Lava e, defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 4. At 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 direction 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 the defendant's direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other 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 exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 9 8. If you are a bank or other institution, at the time you were served nr at any subsequent time did the defendant have funds on deposit in an account in whi. the funds ._ on deposit,not including any otherwise exempt funds, did not exceed the amount ofthe .:, ` ' general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If your answer to any of the above is in the affirmative, state the amount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as may be relevant to this attachment. 1� r COMPLETED BY: Melissa M Peters �: r ( `: ! M&T Bank - E Signature Name(print) Title J OCT-10 2013 Interrogatories submitted to garnishee by: RaymOlid W. Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main Street Bloomsburg,PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson a-- FILED-U#=FI.Y Sheriffs&ra�,;�, C THE PROTHONOTARY aota: Jody S Smith Chief Deputy Richard W Stewart Solicitor ''d 2014 MAY 16 AM 8: 42 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF THE r8 RIFF Unifund CCR, LLC vs. Dennis J. Martin, Sr. Case Number 2012-6461 SHERIFF'S RETURN OF SERVICE 10/09/2013 02:46 PM - Dawn Kell, 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 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Kim Seavers, Bank 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 October 11, 2013 to Dennis Martin at 1147 Pine Road, Carlisle, PA 17015. 05/14/2014 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: $89.26 SO ANSWERS, May 14, 2014 (C) CountySui!e Sherif`, Te'eosoft, Inc, RONR ANDERSON, SHERIFF �LLas�ol-Ca. • sZ //i6 , 3 a 965