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Home My WebLink About12-7518FIA Card Services, : In the Court of Common Pleas of c/o Edwin A. Abrahamsen & Assoc. CUMBERLAND County, Pennsylvania 120 North Keyser Ave. Civil Division Scranton, PA 18504 Plaintiff ~. ~C ~ ~i 1 J ~ NO: J v • _ a~ C ---t DONALD KIRK JR PRAEC[PE FOR ENTRY OF JUDGMEN'I~~ ~ tom"" %r_ - -* ~„ 6 HOLLY LN ~~~.? n .~ MECHANICSBURG PA 17050 ~~. ,~ ~~ -r c~~ Defendant r-' ~ ~ -„ - --'~=~ ~ -C„3 -z ~ ~_ ~ ~ __.. ._~ N ~ To the Prothonotary of CUMBERLAND County: '' ~_~ w I ,_ ~ w . . 1) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date of Instrument: February 23, 2012 B) Amount of Judgment: $5,131.42 2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in the instrument) in favor of the assignee or other transferee; 3) I hereby certify that the address of the plaintiff is: FIA Card Services, N.A. c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 4) I hereby certify that the address of the defendant is: DONALD KIRK JR 6 HOLLY LN MECHANICSBURG PA 17050 Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates, P.C. 120 N. Keyser Ave Scranton, PA 18504 570-558-5510 Ext. lOl Attorney ID 86285 /, ~'C~ ~i1~A yd ~lh ~ x8433 ~ (~v~~Q ~Q.~ ~Cl rIA Card Services In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff a_~15 I ~ `,lul ~ NO: VS. DONALD KIRK JR 6 HOLLY LN NOTICE OF FLING JUDGMENT MECHANICSBURG PA 17050 Defendant Notice is herby given that a money judgment in the above-captioned matter h s be n entered against you in the amount of $ S 13 ~. `/~ on a I ~ "~..- ~~ ~~ By: If you have any questions regarding this notice, please contact the filing; party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570}-558-5510 (Notice is given in accordance with PA Supreme Caurt Rule of Civil Procedure No. 236) FIA Card Services c%o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 Plaintiff vs. DONALD KIRK JR 6 HOLLY LN MECHANICSBURG PA 17050 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division AFFIDAVIT UNDER SOLDIERS AND SA[LORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Defendant State of Pennsylvania Count<~ of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): DONALD KIRK JR is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 190 as amended: That the defendant(s): DONALD KIRK JR is(are) older than eighteen years of age; That the employment status of the defendant(s): DONALD KIRK JR is(are) unknown. COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correal Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 FIA Card Services c/o Edwin A Abrahamsen & Associates PC 120 N KeyserAvenue Scranton, PA 18504 Disposition Summary Docket No MJ-09304-CV-0000018-2012 Judgment Summary Participant Donald Kirk Jr FIA Card Services PI in iff Defendant FIA Card Services Donald Kirk Jr. Joint/Several Liability Individual Liability $0.00 $5,241.42 $0.00 $0.00 FIA Card Services V. Donald Kirk Jr. r_, Docket No: MJ-09304-C~-~ 00°118-~ 12 Case Filed: 1/24/2012 ~ k ~ r*t e7 ~ `Yp.~ ~~,.,,._ ~~ n ~~' r~ ~ ~-~-, -C ~ ".o c~ -r, ~~ ~' N ~" ~ -t W ~ ~: Disposition Disposition Date Default Judgment for Plaintiff 02/23/2012 Amount $5,241.42 $0.00 Judgment Detail (*Post Judgment) In the matter of FIA Card Services vs. Donald Kirk Jr. on 2/23/2012 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,092.42 $5,092.42 Filing Fees $0.00 $143.00 $143.00 Costs $0.00 $6.00 $6.00 Grand Total: $5,241.42 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLE OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~~* ~ ~" /' ~,,~ ~~ ~- a~: ~_ ~a« aenior magistenal District Judge Paula .Correal e},m.`,`•ii ,-' certi t at this is a true an correct copy o t e recor o t e proce gs c taming t o lu g ~~ i ~ ~ Date Magis al Dis Ju ge ~ ~~ MDJS 315 Page 1 of 2 Printed: 06/29/2012 9:14:22AM Department of Defense Manpower Data Center a7 L~ 4iL? 1~.~1 L scant t~ Sceme~bers Civil ReIieCAcc Last Name: KIRK First Name: DONALD Middle Name: Active Duty Status As Of: Dec-04-2012 . ~suL= as of :Dec-04-2012 08:17-52 SCRA 2.3 On Active Duty On AdivepWy status Gate Active Duty:S/•arl Date Active Duty End Date Status Service Component NA NA ~ --- .- This response reflects the individuals' active duty staWS based on the Active Duty.Status Date Left Active Dury V/Nun 367.Days or AcCVe.Drtly Status Date Ac6veDuty Start Date Active Dutq End Date Status - Service Cornponenl __ N/1 NA -~. .- This response reflects vrtreae the individual left active duty status rritllin-367rdays preceding the Active Dury Status Date The Member or HislHer llmt was Notified d a Future Ca11-Up-ta AcUVe DWy an Active Dury Status Date Order Notilfration Start Date Order. tJotifiralion EnC Date Status Service Component NA.- NA - 'rJo NA Thus response reflects whether the indrviduat or Ms'her unit has received early notification to repoA for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, 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, Nary, 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 The Defense Manpower Data Center (DMDC) Is an organization of the Department of defense fDoD) 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. f 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 pr~ssess 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 a<_;serts in any manner 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 "defenselinkmil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty 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 an 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 early notific.<~tion 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 available. 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. All 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 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(d)(1). Many times orders are amended to e>,:tend 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 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/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: 19TE5G7JOT r. e FIA CARD SERVICES In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. DONALD KIRK JR 6 HOLLY LN NO: 12-7518 CIVIL MECHANICSBURG PA 17050-2713 - Defendant vs. is --•-? ; METRO BANK °' C7,- 3201 T.RINDLE RD � CAMP HILL,PA 17011 Garnishee " r Praecipe for Entry of Appearance Kindly enter my appearance on behalf of FIA CARD SERVICES in the above-captioned matter. Date:April 1.0, 2013 Si/r .PrF. at ford Esquire Address: 120 North Ke , er Avenue Scranton P1 18504 Telephone No: (570)A58-5510 Ext. 120 Supreme Court ID : 86285 J. PRAECIPE FOR WRIT OF EXECUTION—(MONEY.IUDGMENT)RULES PA.R.C.P.3252,3111 (a) FIA CARD SERVICES In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division w= vs. DONALD KIRK JR r� 6 HOLLY LN NO: 12-7518 CIVIL e--"- ' T MECHANICSBURG PA 17050-2713 - Defendant vs. PRAECIPE FOR WRIT OF EXECUTION AND`,,. ATTACHMENT METRO BANK 3201 TRINDLE RD .CAMP HILL,PA 17011 Garnishee (MONEY JUDGMENT) To the Prothonotary:TO SATISFY THE JUDGMENT,ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER (1) Directed to the Sheriff of CUMBERLAND County,Pennsylvania; (2) Against:DONALD KIRK JR (3) And against:METRO BANK 3201 TRINDLE RD CAMP HILL,PA 17011 (4) and index this writ(a)against Defendant(s)(b)against METRO BANK 3201 TRINDLE RD CAMP HILL,PA 17011 Garnishee(s), as a hs pendens against the real property of the defendant(s)in the name of the Garnish1ee(s),any and all accounts of the defendant(s),in the possession of Garnishee,including but not limited to savings account balances;checking account balances;Certificates of Deposit;Money Market Accounts;contents of Safety Deposit Boxes.Defendant's SSN(s): ***-**-3998; (5) Judgment Amount $5.131.42 Payments $110.00 Clerks Fee $ 5 P ol t Sheriff $ Poundage $ Total $ Date:April 10,2013 S O'19.00 p q —'Michael F.Ratchford. E ui 3 i.oo wq A.Abrahamsen Associates P.C. Attorney for Plaintiff t b.a5 Pb ATTY mratchford(a)eaa-law. om w a.as Do 5 o LL of BSol a#aq kola FIA CARD SERVICES In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division vs. DONALD KIRK JR 6 HOLLY LN NO: 12-7518 CIVIL MECHANICSBURG PA 17050-2713 Defendant vs. METRO BANK AFFIDAVIT UNDER SOLDIERS AND SAILORS 3201 TRINDLE RD RELIEF CIVIL RELIEF ACT OF 1940 AS CAMP HILL,PA 1.7011 AMENDED Garnishee State of Pennsylvania County of CUMBERLAND: Michael F.Ratchford,Esquire being duly sworn according to law deposes and says that the above named defendant(s): DONALD KIRK JR; is(are)not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): DONALD KIRK JR; is(are) older than eighteen years of age; That the employment status of the defendant(s): DONAL K i a n n n. icha F.Ratchf d,Esquire ubscribed before me this day of cA 20 Notary Publict7P�lIpNWHt �ENNSYIi/ANIA Notarial Seal oana L htiliarty.,ivorary Public ! MY of SadlQ,,,LaCK4War1na County Niy Commission Expires July 21,2015 •r;eorr tier+uevrr,r0.Rr!. .0^rl'7'd'IT;'ti�{lfynrnm y5 Department of Defense Manpower Data Center Results as of:Jun-04-2013 01:11:40 SCRA 3.0 Statw Repo r' r;�' Pursuant to 'Sery cemem'ben,Civil Relief Act, Last Name: KIRK First Name: DONALD Middle Name: Active Duty Status As Of: Jun-04-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA '' �s I_S _ ; No NA This response reflects the individuals'active duty status based on'the Active Duty Status Date + Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA �, NAB; .}_ ` 1. -�-;r�,`,.=Nom.. i; ' r.. NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Dale Status Service Component NA N4 ,�;_ o .4 NA w This response reflects whether the individual ahislher unit has received_-early notifirafmn to report for active duty 0 Upon searching the data banks of the Department of Defense Manpower Data Center,-based 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 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 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 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 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 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:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty 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 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 available. 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. All 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 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(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 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 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/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: F3R1Y6A150C9110 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-7518 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIA CARD SERVICES, Plaintiff(s) From DONALD KIRK,JR.,6 Holly Ln,Mechanicsburg,PA 17050-2713 (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 GARNISHEES)as follows: METRO BANK,3201 Trindle Road,Camp Hill,PA 17011 Any and all accounts of the defendant in the possession of Garnishee,including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN: ***-**-3998 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$5,021.42 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ Date: `6/10/13 David D.Buell,Prothonotary (Sal) Deputy REQUESTING PARTY: Name: MICHAEL F.RATCHFORD,ESQUIRE Address: EDWIN A.ABRAHAMSEN&ASSOCIATES,PC 120 NORTH KEYSER AVENUE SCRANTON,PA 18504 Attorney for:PLAINTIFF Telephone: 570-558-5510 Supreme Court ID No. 86285 FIA CARD SERVICES In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division _ VS. c3 01 z CD DONALD KIRK JR � 6 HOLLY LN NO: 12-7518 CIVIL r-- MECHANICSBURG PA 17050-2713 Defendant ��St�JQ✓S I _c:-_ vs. INTERROGATORIES IN ATTACHMENT `r METRO BANK 3201 TRINDLE RD CAMP HILL,PA 17011 Garnishee RE: Execution of Judgment against your depositor DONALD:KIRK JR SSN# ***-**-3998 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: I) At the time you were served or at any subsegent time, did the Defendant possess any bank accounts,joint or individual,that were in your custody or control?Please specify joint or individual account. Please list the legal title of any such account(s) and the primary account holder and if known whether joint account is entireties property. Defendant has less than $300 exemption 2) At the time you were served or at any subsequent time,what was the balance and account number of the bank accounts(s) identified in Interrogatory#1.? 3) At the time you were served or at any subsequent time, please list the average daily balance in the past five(5) months for each such account identified in your answer to Interrogatories number one(1)and two (2)above. 4) At the time you were served or at any subsequent time, did the bank account(s)that the Defendant possessed contain fund derived solely from social security funds and/or disability funds? 5) At any time before or after you were served, did the Defendants)transfer or deliver any property or money to you or to any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? 6) At any time after you were served, did you pay,transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the:Depositor's direction or otherwise discharge any claim of the Depositor against you? 7) At the time you were served or any subsequent time, did you have, share, or utilize any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendant(s)? 8) At the time you were served or at any subsequent time did the Defendant(s) account contain funds deposited electronically on a recurring basis and which are identified as being exempt from execution, levy or attachment. if so, state the reason for the exemption,the amount being withheld and the entity electronically depositing those funds on a recurring basis. 9) 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. Section 8123?If so, identify each account. 10) Identify every other account(not previously noted)titled in the name of the Defendant(s) in which you believe the Defendant(s)have an interest in whole of part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account,joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. 11) To the extent that you're above answers depend in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). Edwin A bra ams n &Ass C. 13 Michael F. Rate/P' , Esquire 1.20 North Keyser Avenue Scranton, PAS 8504 (5 70) 558-5$10 Ext. 101 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unswom falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. 4I's N RE) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " �L , `IU Sheriff THE FR�TfiC��'r, Lox, of a�mtotf Jody S Smith .�� 2013 JUN 2 I dM IC: 71-Yi Chief Deputy CUi1$ERLANB C�Richard w stewart PENNS Yl�V t!N Solicitor � t PENNSYLVANIA FIA Card Services, N.A. Case Number vs. Donald Kirk, Jr 2012-7518 SHERIFF'S RETURN OF SERVICE 06/13/2013 09:32 AM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2013 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Donald Kirk Jr., in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Taryn Walters, Store Manager, 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 18, 2013 to Donald Kirk, Jr., at 6 Holly Lane, Mechanicsburg, PA 17050. STEPHEN ENDER, DEPUTY SO ANSWERS, June 18, 2013 RONR ANDERSON, SHERIFF :e She,t re eosofi..".... FIA CARD SERVICES,N.A. In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division VS. DONALD KIRK JR 6 HOLLY LN NO: 12-7518 CIVIL MECHANICSBURG PA 17050-2713 Defendant Praecipe to Dissolve the Attachment against VS. Garnishee =` METRO BANK r 3201 TRINDLE RD .. CAMP HILL, PA 17011 x- Garnishee To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, Micha 1 F. Ratch r squire Edwin .. Abr msen 8,, Associates, P.C. Lawyer ID# 8 285 �q,Sold ath� au� 14 3►o co �UR 2172082 GORDON & WEINBERG, P. C. J'3 NOV G1 AM 11' 13 BY: FREDERIC I . WEINBERG, ESQUIRE ;( i`iZr1; D COUatT' Identification No. : 41360 } P�PdSYLti'At41 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. : 12-7518 Civil DONALD KIRK JR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDERIC WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P012 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa.R.C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE Dated: I ((//3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson txtr of Hum } e r . ( i 4 f 44,4 Jy S Smith .hief Deputy [. t i; JAN -8 [J-1 9: i Richard W Stewart Solicitor h wC ( 8 ✓ is .:1 aF i4SV YLVA4L\ FIA Card Services, N.A. vs. Case Number Donald Kirk, Jr 2012-7518 SHERIFF'S RETURN OF SERVICE 06/13/2013 09:32 AM- Stephen Bender, Deputy Sheriff,who being duly sworn according to law, states that on June 13, 2013 at 0930 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Donald Kirk Jr., in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Taryn Walters, Store Manager, 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 18, 2013 to Donald Kirk, Jr., at 6 Holly Lane, Mechanicsburg, PA 17050. 01/07/2014 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: $89.19 SO ANSWERS, January 07, 2014 RONNW ANDERSON, SHERIFF . 5D f1 ail 44/(3 Olt 36e The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 r- 2172082 of --r' Pil 3: 2 COUNTY ---FIA CARD SERVICES, N.A. 655 Papermill Road Neward, DE 19711 vs. DONALD KIRK JR 6 HOLLY LN MECHANICSBURG PA 17050-2713 and Metro Bank =3201 Trindle Rd. Camp Hill, PA 17011 GARNISHEE(S) TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-7518 Civil PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against DONALD KIRK JR (2) against Metro Bank (3) Amount Due Costs (4) Less: TOTAL defendant(s)and garnishee(s) Prothonotary fee Sheriff fee Payments on Account odpti lai9600/atf.,_ ?9.10( CKF aol . " 14 t L k $5,131.42 $110.00 45S10k. FREDERIC I. WEINB RG,JESQUIRE JOEL M. FLINK, ESQUAE ,,Attorney for Plaintiff I ET qg "tffle k -o• eL#0292,/ p___451--siyoun tkY ty Rsitd THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net FIA CARD SERVICES, N.A. Vs. DONALD KIRK, JR. WRIT OF EXECUTION (Pa R.C.P. 3252) NO 12-7518 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DONALD KIRK, JR., 6 HOLLY LANE, MECHANICSBURG, PA 17050 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANK, 3201 TRINDLE ROAD, CAMP HILL, PA 17011GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $5,021.42 Plaintiff Paid Interest Law Library Attorney's Comm. % Due Prothonotary $2.25 Other Costs Attorney Paid $1.87.94 Date: 12/1/14 (Scat) '124,14.11 142,LL David D. Buell, Prothonotary REQUESTING PARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: LAW OFFICES OF FREDERIC I. WEINBERG & ASSOCIATES, P.C. 375 E. ELM STREET, SUITE 210 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff 1.H} PROIIIONOT-, tSXit Jl�p'Ja 1 /- e i j Jody S Smith Chief Deputy Richard W Stewart Solicitor 41 'CiF4p� .. OFF OF T1,2 SN :RIFF 2O!' DEC -8 AM 10: 59 CUMBERLAND COUNTY `i PENNSYLVANIA FIA Card Services, N.A. vs. Donald Kirk, Jr Case Number 2012-7518 SHERIFF'S RETURN OF SERVICE 12/04/2014 02:52 PM - 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, Metro Bank, 65 Ashland Ave, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Maria Theodoratos, Manager, 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 December 4, 2014;x. Donald Kirk Jr at 6 Holly Lane, Mechanicsburg, PA 17050-2713. LIAM CL NE, DEPUTY SO ANSWERS, December 05, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff., Teleosoft, Inc. 4 The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. 655 Papermill Road Neward, DE 19711 vs. DONALD KIRK JR 6 HOLLY LN MECHANICSBURG PA 17050-2713 and Metro Bank 3201 Trindle Rd. Camp Hill, PA 17011. GARNISHEE(5) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-7518 Civil 'INTERROGATORIES IN ATTACHMENT TO: Metro Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) 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? Defendant has account with a balance of $1618.91. Defendant did not receive $300 exemption 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. no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. no 4. At the time you. wereserved or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? no 5. At any time before or after you were served did the defendant(s) 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 therefore? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) 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 of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) 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. no 9. How much is the value of any property in your possession belonging to the defendant(s)? see answer to questionl F FREDERIC I. T ES.N1gERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff DATED: IA 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 Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she 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 hisi/eamowledge, information and belief. The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 2172082 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 12-7518 Civil DONALD KIRK JR and Metro Bank Garnishee PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment against Metro Bank, as Garnishee in the above entitled matter. The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: P011 Frederic I. erg, Esquire Joel M. Flin , Esquire Attorney for Plaintiff -sq .sopdQ�J 3a3qa e31 say y The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DONALD KIRK JR DOCKET NO. : 12-7518 Civil ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered December 14, 2012 in the above -captioned matter satisfied upon payment of your costs only. The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: P005 Frederic I. ein rg, Esquire Joel M. Flin squire Attorney for Plaintiff