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HomeMy WebLinkAbout13-0643-Y 2013 FEg -6 PM 3: 04 Gt,'~l~ERLANa G~UNTY ~"ENNSYLVANl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation ''~ , Plaintiff No• ((~~ Ul/ '7 vs WILLIAM A BRANDY COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 30077414 C A Pit SJS fi~3 7~ ~-/O~ ~a3 ag~~a~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No WILLIAM A BRANDY Defendant 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendant account, which is the subject of this litigation. 4. Defendant is adult individual(s) residing at 88 ETTER RD NEWBURG, PA 17240 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6658. 6. Defendant made use of said credit card and has a current balance due of $6251.86. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant, WILLIAM A BRANDY INDIVIDUALLY, in the amount of $6251.86 with interest at the statutory rate of 6~ per annum from the date of judgment and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. Citi~~~ William T Molczan, E ire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#30077414 DISCOVER so o ~°b"`° 31 SDSN6A010010867 WILLIAM A BRANDY 88 ETTER RD NEWBURG PA 17240-9134 Text APP to DISCOV• to receive a Hnk to our free mobib app and pay your hHl ~- seconds -rom anyrrllerel PO BOX 6103 Illrnllnnsllnullsl~ul CAROL STREAM IL 60197-6103 Addross, e-mail or telephone change6 Irliullunnlllrlrrlnrlrllnr,rllliunrllrlluurilnlnll Go to www.Dacawrcom a print change in space above. ~II~iT 000001986456204966188000000000000000128400 tJOti: vcloDer ra, NaL - a.wsrn8 slaw: vcn ~ Discover Moro Card Account Summary Account number ending in 6658 Previous Balance 56,251.86 Payments And Credih 6,251.86 Purchases + 0.00 Balance TransFers + 0.00 Caah Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 Nsw Ba s 0.00 See Interest Charge Cdeukslion section following transactions for detailed APR inforrnation Credit Line 55,200.00 Credit Line Available 50.00 Caah Advance Credit line 51,300.00 Cash Advonee Credit line Avaibbls x0.00 COSI1~'faCIC t30nUSe Anniwisary Month Opening Cashbaek Bonus Balance S 0.00 New Cashbaek Bows This Period + 0.00 Cadrbadr Revue edane. S O.oo To Iwm mug, b8 in al W W W.Di~aovK.tem iwr s 1, tut pogo 1 of 2 Payment Infornwtion New Bdonw 50.00 Minimum Payment Due S 1,284.00 p~~ pw p~ November 26, 2012 Lola Parysrserd Warning: if vw do not rewiw your minimum payment by the date listed above, you may haw to pay a ksla fw of up to 535.00 and your purchase and bdanw transfer APRs Far new hansactiona may be incroased up b 1Fu PenaNy APR of 24.99% variable. Manage Your Aooount Onlirn of www.D'tseover.com Securely access atatemenh and free online fools, pay bilb online and frock aid view aN transactions simply and easily Make your money worth moron-find easy ways to cam and redeem cash. rowards. NEWT Aewss your account secuely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely ad www.Dircevaream 2. Cali 1-8040ISCOVER (1-804347-2683 . Please haw your Discovers card oval 3. Write b us of Discover PO Box 30943, Sale lake Ciy, UT 841 §0 ~Nof a payment address) For paymerrh, send to address on remillarree a Discover. PO gox 6103, Cad Skeom, IL 601976103 For TDD (Telecommunications Deviw for Nre DeaP~ assistance, pk+ose eaY 1.804347-7449. Transactions Trams. Post DaN Dale PaynrerNs amd CrodAs Oct 31 Oct 31 INTERNAL CHARGE-OFF Z 6,251.86 Fws TOTAL FEES FOR THIS FER10D S 0.00 Inlereet CJraeged TOTAL RrTEREST FOR TFf1,5 MiR10D S 0.00 2012 Torols Yearto-Date TOTAL FEES CHARGED IN 2012 S 556.66 TOTAL INTEREST CHARGEDIN 2012 876.35 30077414 Minimum Payment Dus Account Number ending in 6658 $1,284.00 Enter Amount Encbsed Bebw Payment Due Date $ ~~ Novwnber 26, 2012 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodoble, password protected statements. • See your statement as soon as iYs available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovercan/paperless ®2010 Discover Bank. Member FDK PAPER.0310 0 z n 0 0 0 0 rn N X N 30077414 QUeSlflOflS? Visit www.D'escowrcom or D'SC~~~ call 1-800-DISCOVER (1 800-3117-2683. DISCOVER U ms's ~ WILLIAM A BRANDY I Account number ending in 6658 ~~~~__ i page 2 of 2 Interest Charge Calculation Your Annual Percerrlags Rats APR) is the annual interest rote on your account. cr,r~.rrt erring Peried: la day. TYPE Of BALANCE ~~ ~~PERCENTAGE ~ ~ ECi TO INTEREST CFIARGE fhrrchasee 19.9996 V SO SO ces6 Advenes 23.99% v So so V = Variable Rale Additional Importart Mrkrmation See yarn Cardnsember Agreenrerrt. Your Cardmember Agrwment contains all the terms of your Account. Lost a stolen cards. Report immediately) C.aN 1-80o-347.2683. 1Msof To Do tf You htsTnlc You Fhwl A INialako Oa Your SlohmeeN IF you think dare is an error on your statement, write to us at: Dixowr, PO Box 30421 Sah lake City, UT 84130.0421 In your IsMer, give us the foNowing information: Account inlomrafion: Your name and account number. Donor amount. The donor amount of the wspsded error. cri lion f Problem: If you think there is an error on your bill, dexribs what you believe is wrong and why you believe r rs a mra ro. You must contact us within 60 days after the error appsarod on your statement. You must notify us of any potentid errors in writin You may call us, but if you do we are not required to investigate arty potential errors and you may haw to pay the amount in question. While we investigate whsihsr or rxrt them has been an error, the knowing aro hue: Ws cannot try to collect the amount in question, or report you as delinquent on ihd amount. The dtargs in question may remain on your stafeenent, and ws may continue to charge you interosf on the amount. But, if we daMmrins that ws made a mistdte, you win rat have to pay the amount in gwstion or any inbro~ a other foes rekated to That amount. While you do not haw b pay the amount in question, yyoouv ors responsible for the romainder of your bakxres. We can apply arty unpaid amount against your credit limn. Your ittilat?-b H You M Diaaf~el fM1ft Your Cradif Card Psmltasoe If you aro dias~iafied with the goods or services that you haw purchased with yew credit card, and you haw hied in good faith b correct tM problem with the merchant, you may haw the right not to pay the remaining amount due on the purchase. To use this right, an of the knowing must bs tare: 1 The purchase must haw been made in your home state or within 100 mibs of your current mailing addross, and the purchase price must haw been more than =50. (Note: Neither of these aro necessary if your purchoss was based on ~ advertisement we moiled to you , or if we own the comparry that sold you the goods or service.) 2. You must how used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card accounf do not qualify. 3. You must not yet haw (ally paid far the purchase. if aq of the eriieria above are met and yew aro stin dissatisfied with ihs purchase, contact us in writing at: Dixover, PO Box 30945, Soh Lake Ci yl , UT 84130-0945 While ws inwsfigois, the same rules apply to the disputed amount as dixussed above. AFter we finish our inveatigotian, we wrll tsR you our daeisron. Af that point, if we think you owe an amount and you do not pay we may report you as delinquent. Paynrerrh. You may ppaoyy all or port of your Account bakance at any time. However you must pay at ksast the Minimum Poymsnt Due by the P~rment Ow Dale. Send only your payment and the top portion of this statement in the envelops ~,~~ Do not send cash. BY sending your chock as dsxribed above, you authorize us to use inkrrnafion on year cheek fo make ar ek+chunic fusd transTsr kom your account of the financial institution indica0ed on your cheek or ro proeaa ill payment as a check tronxxfion. If payment a processed as an elechanic fund tronshr the trars(er win be kr the amount of The check. When ws use inkrmation From yax cheek to make an efedronic fund trona~er funds may be withdrawn from your account os soon as Ate same day we roeeiw your payment, and you win not receive your check back Gem your financial instihrlion. TI» processing of yyoouwr payment may be dsksysd if you send cash, corrsspondsnea or other items with your payment, iF you send the payment fo o1Mr address or if you use on envelops other than tlrs one provided. Paymerds received in proper form at our processing faeiliy.~~.yy 5PM kxo) lime on arty ~ wrM bs crodihd b ycwr Account as of that day. PoymerRs received d our prooessrrg facdrfy aRer 5PM kxal time wdN 6e endihd to your Account as of the nud day If you haw misplaced your envelope, send your payment b Discover, PO Box 3103 Card Sheam, IL 60197.6103. Please allow 710 Boys kr delivery. If your payment a rehrrned unpaid, we rossrve the rig~rt -o resubmit it as an elsehonic debit. 30077414 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D' You con pq r monthly Minimum Payment Dw, tx a greater amount that does not exceed your current Account balance, over the or you can setup automatic payments through a cusMomer service rsprewntatrw by coNing 1-800.347- 683. Auronrdic paymerMa wiN be deducted on the Payment Dw Dde unless you request o recurring date h .the 15th day of the month) that occurs before yaw Payment Dw Date. If yaw xhsduled payment date~a weekend or bards hdi y, your pgment wiN be processed the business day for ro 1M weekend a bank hdiday. In order to xhedule monfNy payments you well need This statement and~yaur bank account informafion. You wiN bs asked ro provide the last Four (4~digih of die socid security number of the primary borrower. 8y ppro~vidirg Ihoss number as your electronic signature, you wiN be agreeing to dris authorization ro olksw us and yaw bank ro dedrxt each pa ent you authorize, in iFrs amount selected by you, from your bank account. You dso authorze us ro initiate debit or credilt er~ries to your bank account, os a rcable, ro correct an error in tM processing of wch payment. You con cancel a xheduled payment by phone at 1-347-2683 or by mail d Dixovsr, PO Box 30421 Soh lake Ciy, UT 84130-t~21, however ws must reserve notice of least three business days in advance of the xheduk«l payment. If your payments mq vary in amount, we wiN teN you on each monddv biting statement when your payment wiN be made and how much d wiN be. You must ensure that suHieient funds are avoila(b~ls in your bank aaount, and all tranaocfions must comply with U.S. law. You Carr set automatic payments for• (i) staterrrert New Balance, (ii) statement Minimum Pgmant Dw, (iii) statement Minimum Payment Dw plus a fixed doNar amount, a (iv) a fixed dollar amount. If your xheduled fixed payment is not h ro cover the Minimum eyment Dw as listed on your montMy billingg statement, your xhsdukd payment For that mood: will increased ro cover the Minimum Payment Due. If the xhedubd payment is grouter dran the Minimum Payment Dw, any excess will be ied in accordance with your Cardmembsr Agrwment. It your scheduled payment is greater Than the New Balance on your biNing statement, ThcA payment wiN be processed only For the amount of you- r Nsw 8olance. Your automatic payment amount maybe Isu than Nrs amount indicated on dre periodic statement based on credih or payments after the Closing Date. IF you enroll by phone in our automatic payment service, please filLin the foNowing blanks below and retain the oufhorization for your records. Amount: ^ Full Pay ^ Min Pq ^ Min Pay + S ^ Fixed Pays o Bank Routing #: ,Bank Account #: ,Frequency: z Credi We mq report information dsouf your Account ro credR bureaus. lde pgments, missed paymenh, or c other ~ your Account may bs reelected in your credit ~~ronppoort. Ww normaNy report the atalus and payment history of yaw Account ro credd reporfirr~q agencies each maalh. If believe that our rreeppoptt rs rnoccurote a incomplete, please write o us ~ the Fdbwing address: Discover, PO Box 15316, dmington, DE 1985Q5316. Please indicate your name, address, o home telephone number and Account number. $, Paywg Merest: We in ro impose interest charges on a Mansadion, fee or interest charge from the day we add it ro the N daily 6afancs. We confines ro impose interest charges urdil you pq the tofd anourd you owe us. You can avoid paying ~ interest on Purchases as dexribed below. Hovwvsr, you cannel avdd paying interest on Balance Transfers or Cash Advances. How ro Avoid P '~ Interest on Purchases I' Period"1 If-'you poia the • on your prwtowtent by the Paymsrrt Dw Date shown on that biNirg statement, we well not rm intered charges on new Punchases or any portion of a new Purchase, paid by the Payment Due Date on your current bilNng statement. Nsw Purchases are Purc~wsea tlwf hrsf appear on the curtsnF biNing slalemenf. How We Aodv Paympoef Your Grace Period ~yow eve rec. m mo~f~Fi, en, depending on the balance to which we app1Y your payment, you mq not get a grace period on new Purchases. Hew YW Caksdose Merest C1ra-ges Doty Flelarroe i'1Mdsod (irekrdirg crrrrent harrsadisns): Wa cakulate interest charges each biNing period by first figuring the "dishy bdarke" Fore«h Transaction Category. Transaction Caatteeyyoriel include standard Purchossa, standard Cash Advances and different promotional balances, such as Balance TransTers. Hew 1Ne figure dre Daly bdarsa For bad Tsvaedias Category We start with des beginning baksnu for each desyy. Ths beginning balance for the first dq of the billing period is your bakance on the all day of your previous bill ng perioodd We add any interest charges accrued on Mre proviow day's daily bolarxs and any new hansactions and Fses. Ws add anyy new hansactions or fees as of the later of the Tr«rwction Date or the first day of tM billing period in which 1M hansaNion or fee posted ro your Account. We subtract any new credits and poymente. Ws make other adjustments (including dsose odjustmenh required in IM "Paying Interest" section). How We Figure Parr Tote) Me»st Urarges We mukiply the dai balance fa each Transaction Category by its daily periodic rate. We do this For each day in the biMir~g period. T is gives w the intetast charges for a«h Transaction C.Mgwy. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. Ws add up d) ttre daily interest charges. Ths sum is the total interest charge for the billing period. How VYe irdode Fees We add Baksrxs Transfer Fees ro the applicable Baksncs TronsFer Transaction Cote~ory We add Cash Advance Fees ro the r>pplicabk Cosh Advance Transaction Category. We add aU odor Fees fo Ilre standard Purchase Transaction CCategory. Bakrsce Sufsject to Ysteresl Rate. Your statement shows a Baksnce Subject ro Interest Rate. If shows this For each hansaction category. The Balance Subject ro IrrlereaF Rate is the average of the doily balances during the billing period. Credit Balarres. If yaw Account has a credit balance, the amount is shown on the front of ur biting statement. A credit balance is money that is owed b you. You mq make charc~s against d-is amount if your Accowd is open. Ws will vend you o refund of arty rematmng balance of 51.00 or more aher 6 months, or as otherwise required by applicabl® law. For TOD (Telecamnwnications Davin far /re Deaf1 ossislarrce, plwse cell 1-800.347.7149. Di~i~'{t~rtitor and/or record telepha» ells between you and Dixovsr representatives For quality aswronce purposes. The Dixovermcord is issued by Dixover flank, Member FDIC RZNFEOOr QU@St1011S7 Visit wvwt-.Ditloov~r.cotn or D'~~E~, call 1-800-DISCOVER (1 800-347-2683, ~ I T ~ VERIFICATION 0 ~, / ~ ~ / ~ '~ ~~ i^!~' Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation, servicing affiliate of Discover Bank, (Company) does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he/she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts sets forth in the foregoing Complaint are true and accurate to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is aFDIC-insured Delaware State bank, and its servicing affiliate DB Servicing Corporation, extends credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Date a~o( ~~ ~ `~~~Z~ (Signature) WILLIAM A BRANDY XXXXXXXXXXXX6658 DB Servicing Corporation serving affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 WWR# 30077414 C A Pit SJS c� IN THE COURT OF COMMON PLEAS C-� --� CUMBERLAND COUNTY, PENNSYLVANIA -0�a CIVIL DIVISION rrt � r" Discover Bank, Through Its Servicing Agent, col DB Servicing Corporation -< a Plaintiff vc-) =CD D i -"G VS . Civil Action No. 13-643 CIVIL z N WILLIAM A BRANDT PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant WILLIAM A BRANDT above named, in the default of an Answer, in the amount of $5817 . 18 computed as follows: Amount claimed in Complaint $5817 . 18 Less payments / adjustments made $0 . 00 Attorney' s fees $0 . 00 TOTAL $5817 . 18 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R. C.P. 237 . 1 on the dates indicated. on the. Notices . WELTMAN, WEINB�ER`G� & REIS CO. , L. P.A. By: a4, t William T. Molczan, 4 37 30077414 C A Pit SJS Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L. P.A. , 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendant is WILLIAM A BRANDT 88 ETTER RD NEWBURG, PA 17240 aw C"y #- 69gs3� 2 a� 1d ,o I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank,Through Its Servicing Agent DB Servicing Corporation Plaintiff Case No. 13-643 CIVIL vs. WILLIAM A BRANDT Defendant IMPORTANT NOTICE TO: WILLIAM A BRANDT 88 ETTER RD NEWBURG, PA 17240-9134 Date of Notice: l YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA.17013 (717)249-3166 WELTMAN,WEINBERG&REIS CO., L.P.A. Matthew Urban P.A.1.D.#90963 WELTMAN,WEINBERG&REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412)434-7955 (412)338-7130 30077414 A PIT B41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. Civil Action No. 13-643 CIVIL NON-MILITARY AFFIDAVIT WILLIAM A BRANDT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to .and in accordance with the Servicemembers , Civil Relief Act (SCRA) , 50 U. S.C. App. 521 . Affiant further states that based upon investigation it is the affiant ' s belief that the Defendant, WILLIAM A BRANDT is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC) , which states that the DMDC does not possess any information indicating that the below individual is in the military service: WILLIAM A BRANDT 88 ETTER RD NEWBURG, PA 17240 Affiant further states that the averments contained herein are true and correct to the best of Affiant ' s knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities . AFFIANT � Department of Defense Manpower Data Center Results as of:May-14-2013 0529:47 SCRA 3.0 Bats Report Pursuant to Sery eemembers Civil Relief Act Last Name: BRANDT First Name: WILLIAM Middle Name: Active Duty Status As Of: May-14-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ,a! --�-+.:,;a '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 1 iG A + - ; , ..,Noy 1 NA This response reflects 4ere'tti individual left active duty status within 367 days preceding the Active Duty Status Date y t+ The Member or Hisli-ler Unit Was Notified of a Future Call-Up to Active Duty on Acute Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ':NA �' - 'No NA This response reflects whether the Individual r his/her unit has received early notification to report 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,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. iA 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 at seq,as amended)(SCRA)(formariy 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: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 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: A2NIZFCDM097150 IN .THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No. 13-643 CIVIL WILLIAM A BRANDT NOTICE OF JUDGMENT OR ORDER TO: Plaintiff (xx) Defendant Garnishee You are hereby notified that the followin&Order of Judgment Ll was entered against you on faaw a )11 (xx) Assumpsit Judgment in the amount of $5817 . 18 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 Awar Prothonotary By: PROTHONOTARY OR DEPUTY WILLIAM A BRANDT 88 ETTER RD NEWBURG, PA 17240 Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff VS. Civil Action No. 13-643 CIVIL WILLIAM A BRANDT 1 $ �lF�' tf' F)aq D Defendant(s) WOODFOREST NATIONAL BANK V�.x�1��e• �l UO� '" s� t o ° �. F&M TRUST 1 1�1 W 1-�0.nOV�✓ ., Corr 1iS� , �11A 17�l 3 F p Garnishee(s) S G PRAECIPE FOR WRIT OF EXECUTION 7�,, Go TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against WILLIAM A BRANDT ,Defendant 3. against WOODFOREST NATIONAL BANK, F&M TRUST, ,Garnishee 4. Judgment Amount $ $5,817.18 Less Payments/credits received $ $0.00 Interest $ $173.08 Costs $ SUBTOTAL: $ $5,990.26 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG&REIS CO., L.P.A. By: William T. Molczan,Es u' e p�.�. PA I.D. #47437 q co UD WELTMAN, WEINBERG & REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue L1 Pittsburgh,PA 15219 I (412)434-7955 oe 1 Gt U c WWR No. 30077414 � sped IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff No. 13-643 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) WILLIAM A BRANDT Defendant(s) WOODFOREST NATIONAL BANK F& MTRUST Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T.Molczan, Esquire PA I.D. #47437 WELT.MAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR No. 30077414 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-643 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due DISCOVER BANK,THROUGH ITS SERVICING AGENT,DB SERVICING CORPORATION Plaintiff(s) From WILLIAM A.BRANDT,88 ETTER ROAD,NEWBURG,PA 17240 (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: WOODFOREST NATIONAL BANK,60 NOBLE BLVD.,CARLISLE,PA 17013 F&M TRUST, 14 W.HANOVER 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$5,817.18 Plaintiff Paid$ Interest$173.08 Attorney's Comm. % Law Library$.50 Attorney Paid$197.25 Due Prothonotary$2.25 Other Costs. w Date: 12/06/13 it David D.Buell,Prothonotary (Seel) Deputy REQUESTING PARTY: Name : WILLIAM T.MOLCZAN,ESQUIRE Address: WELTMAN,WEINBERG &REIS CO.,L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff Jody S Smith Chief Deputy Richard W Stewart r; `41 Ei;Lr`R ) v�Jiu Solicitor = r = k' t�SYVtlta Discover Bank Through Its Servicing Agent, DB Servicing Corporation Case Number vs. William A Brandt 2013-643 SHERIFF'S RETURN OF SERVICE 12/10/2013 12:20 PM- Dennis Fry, 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, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Brandon Holtzinger, 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 him. DENNI FRY, DEPUTY" SO ANSWERS, December 11, 2013 RbNW R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart .ijjM B Et'�L U PENNSYU� Discover Bank Through Its Servicing Agent, DB Servicing Corporation Case Number vs. William A Brandt 2013-643 SHERIFF'S RETURN OF SERVICE 12/10/2013 12:36 PM - Dennis Fry, 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, F&M Trust, 14 N Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Annetti Tingle, customer service, 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 11, 2013 to William A. Brandt at 88 Etter Road, Newburg, PA 17240. DENrA FRY, D P SO ANSWERS, 6�z . 221�� December 11, 2013 RON R ANDERSON, SHERIFF w ly 1LE I Mfr F}G MONO i' O ONQ TA. 2013 DEC 17 AM 11. 31 CUMBERLAND COUNTY PENNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 13-643 CIVIL WILLIAM A BRANDT 1 Defendant(s) aoe6 INTERROGA RIES IN ATTACHMENT WOODFOREST NATIONAL BANK F&M TRUST Garnishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 30077414 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 13-643 CIVIL WILLIAM A BRANDT Defendant(s) WOODFOREST NATIONAL BANK F&M TRUST Garnishee(s) TO: WOODFOREST NATIONAL BANK, 60 NOBLE BLVD, CARLISLE, PA 17013 F& M TRUST, 14 N HANOVER ST, CARLISLE, PA 17013 RE: WILLIAM A BRANDT, 88 ETTER RD,NEWBURG, PA 17240 Suggested Reference No.: XXX-XX-4008 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein,the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 30077414 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)? Na , he ccr f,nc4ovi-t does N0+ h v1° a(toIAvr1-S wl-1- 1 FA Nn -r'v i CO M cu'l P y 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. N /A_ 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. N 0 . 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? N 0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? N 0 . 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? NI, ND 01C( OUVl+S • 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? 1.1 lA N 0 O C(Q U V1+s 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. N IA • WWR No. 30077414 • • 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. N / 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. N l A 1 o c((0 VT h tS . 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? 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: / / fL��d`"' ✓—" William T. Molczan, Esq ' e PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 30077414 • 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 R 1 1110 0 W 10 p1 I N (Name) CUY jl-q of F. M Tv-U S- ' , garnishee herein, (Title) l (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. -RUA/k.k6Uf) ]-1 (SIGNA WWR No. 30077414 AitStoetS da INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant aS m&by or In were you liable to him on any negotiable or other written instrument, or did he claim that you owed r4ranycEion : or were liable to him for any reason(including funds on deposit for checking or savings accounts ar4�`fe tifies of deposit)? �" -- 4E'S GO C-r r—= la. If the answer to Interrogatory 1 is in the affirmative,state the following: the amours CI; r;s? of money you owe or owed to defendant, and, if such money is in the form of a fund, the present loca ontthgreo'f; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or biher"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. intivictAk4 sakive cte-e44,v4- cv lo&Law+.o._ 05.00 2. At the time Y ou wer 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. 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? r A 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? -1/LO 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. rVU WWR No. 30077414 '/3 W -24020b -Q?Ne .. 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. 174/a(to 13 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. DEC 112013 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? NA 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit in the account. ��[[ Ilk WELTMAN, WEINBERG& REIS CO., L.P.A. By: 4.//v/Z William T. Molczan,Esq ' e PA T.D.#47437 WELTMAN,WEINBERG&REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR No. 30077414 73 1/3133 -2020e.t( v)N s9-1 Nb -57"-----"* "."""*"s7t 5 Gt7 • 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 cows NEFF Woodforest Nations! Bank-Leghl Dept) 832-3 PH 25231 G ns Mill Rd., Suite 100o7t FAx of garnishee herein (Tit The Woodlands,j 7,„7380 g herein, 832-375-289'8 P'Ft`pany) 832-375-3071 FAX 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. C.-5/60 7, DEC 112013 'URE) LEGAL D ARTM ENT 832375-2898 PH 832.375.3071 FAX WWR No. 30077414 3 - adb- Q7A)(0 sko 3/3 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK,THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 13-643 CIVIL WILLIAM A BRANDT Defendant(s) WOODFOREST NATIONAL BANK F&M TRUST Garnishee(s) TO: WOODFOREST NATIONAL BANK, 60 NOBLE BLVD, CARLISLE, PA 17013 F&M TRUST, 14 N HANOVER ST,CARLISLE,PA 17013 RE: WILLIAM A BRANDT, 88 ETTER RD,NEWBURG,PA 17240 Suggested Reference No.: XXX-XX-4008 XXX-XX- a 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. II WWR No. 30077414 l i ; ,-CTtilrt OT./; 2014 JAN 13 PM 2: 22 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-643 CIVIL vs. PRAECIPE FOR JUDGMENT AGAINST GARNISHEE WILLIAM A BRANDT Defendant WOODFOREST NATIONAL BANK Garnishee 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077414 a_mA x)(40SO-pc) aA N011 61 Ycik IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 13-643 CIVIL WILLIAM A BRANDT Defendant WOODFOREST NATIONAL BANK Garnishee PRAECI.PE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, WOODFOREST NATIONAL BANK , in the amount of $1324.32,which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG &REIS CO., L.P.A. By: t /' - -7 j1 William T Molczan.quire PA I.D.#47437 Weltman, Weinbe . &Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077414 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg& Reis Co., L.P.A., 1400 Koppers Building,436 7t" Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: P.O. Box 7889,The Woodlands, TX 77387 /)(223V A,A, l3 � V • 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)? qes la. 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. (t) join" e1 LM me u". wH+6k. aka/mi... /595(. 2- (> I Y i V(CtAk Q 5001.1k- w A Iattat ut,t_ J"/ o9 5:°° 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. �^ 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? yL--t,7 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. r./V W WR No. 30077414 1/3 IA03 -24)2o(0 -a Nb�!� Cti ►(it-.`,�zL►,i1� �S k)(l f t'iw. 1. d j -fir`�/d j� 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. 11 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. ► (2 )( o '3 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. DEC 112013 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? NI 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit in the account. rr Ia( WELTMAN, WEINBERG& REIS CO.,L.P.A. By: 41, w ) William T. Molczan, Esq ' e PA I.D.#47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR No. 30077414 013 1/31J3 -2020(0- ' a? Nb 1 a Y¢A, k. v-- • vv t -.• ( 0- �,�- �,� ►. t • 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 LEGAL- DORIS NEFF �BF3'Afi T'MFNf e� 832-375-2898 PH Woodforest National Bank-L I Aep 832.375-3071 FAX L- of 25231 Grogans MITI Rd., Sutte 100 garnishee herein, The Woodlands,��,7,„7380 (Tit 832-375-2886-�Tt`pany) 832-375-3071 FAX 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. 1A1C,7, DEC 112013 6 ' l 'URE) LEGAL D •AF;fIAENT 832.375-2898 PH 832375-3071 FAX WWR No. 30077414 '43 - 3/3 load'- 07 nib rt&c1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 13-643 CIVIL WILLIAM A BRANDT Defendant WOODFOREST NATIONAL BANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx)Garnishee You are hereby notified that the following Order or Judgment was entered against you on I 1 13'1 (xx) Assumpsit Judgment in the amount of$1324.32 plus costs. ( ) Trespass Judgment in the amount of$ 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 ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: 0 AA PROTH ii ITARY(OR DEPUTY) Woodforest National Bank P.O. Box 7889 The Woodlands,Tx 77387 T�j PR WELTMAN,WEINBERG&REIS CO.,L.P.A. �- BY: Matthew D Urban,Esquire Attorney for Plaintiff(s) JAN 16 I.D.No. 90963 P11 2: 33 436 Seventh Avenue, Suite 1400 CU lBPENNSYLVANIA COUNTY Pittsburgh,PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File#30077414 DISCOVER BANK THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Cumberland County Court of Common Pleas VS. WILLIAM A BRANDT NO. 13-643 CIVIL and F&M TRUST Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s),F&M TRUST, only. WELTMAN,WEINBERG&REIS CO.,L.P.A. By —� Matthew D Urban,Esquire Attorney for Plaintiff D� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson • r Ur Sheriff .` ' i F_ 'tROTH +?' Stx D '+;,€PfiY1i5�-per Jody S Smith 2014 JAN 30 PH I: 114 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Discover Bank Through Its Servicing Agent, DB Servicing Corporation Case Number vs. William A Brandt 2013-643 SHERIFF'S RETURN OF SERVICE 12/10/2013 12:20 PM - Dennis Fry, 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, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Brandon Holtzinger, 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 him. 12/10/2013 12:36 PM - Dennis Fry, 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, F &M Trust, 14 N Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Annetti Tingle, customer service, 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 11, 2013 to William A. Brandt at 88 Etter Road, Newburg, PA 17240. 01/13/2014 Plaintiffs attorney filed a praecipe for judgment against garnishee Woodforest National Bank in the amount of$ 1,324.32. 01/29/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Defendant filed for bankruptcy on January 24, 2014; case# 1-14-bk-00289. SHERIFF COST: $169.28 SO ANSWERS, "K"'} January 29, 2014 RON R ANDERSON, SHERIFF iL o yCq 0- P'lLE0-0F F WELTMAN,WEINBERG&REIS'CO.-,L.P.A. pf 2: BY: Matthew D Urban,Esquire Attorney for Plaintiff(s) . I.D.No.90963t3$'1BE.fiLPl COUNTY 436 Seventh Avenue, Suite.1400 BERLA NDCOI� Pittsburgh,PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File 4 30077414 DISCOVER BANK THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Cumberland County Court of Common Pleas vs. WILLIAM A BRANDT NO. 13-643 CIVIL and WOODFOREST NATIONAL BANK t Garnishee(s) i PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s),WOODFOREST NATIONAL BANK, only. WELLTTM-A--N—, WEINBERG&REIS CO.,L.P.A. Matthew D Urban,Esquire Attorney for Plaintiff 0 ,304' J.