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HomeMy WebLinkAbout13-5434 Supreme Court of Rennsvivania ` WR 30141225 C A Pit SJS Court of Common fleas Civil Cover Sheet For Prothoirolarr L %se Only: C UMBERLAND', County Docket No: The information collected on this fibrin is used solely for court administration purposes. This fbrnn does not supplement or replace the filing fling and ser i4ce ofpleadings or other papers as required by lain or rules of court. Commencement of Action: S pl Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T MARGARET L BROLL I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes Q No Is this an NMJ Appeal? 13 Yes W No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies • Malicious Prosecution I Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E E3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c)i The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK / Plaintiff No: 3 —� � 4 /r1 vs. COMPLAINT IN CIVIL ACTION MARGARET L BROLL 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 C -- ) , (412) 434 -7955 _ FAX: 412- 338 -7130 zz 30141225 C A Pit SJS ¢-� i cD C'3 r 3; ra c 4 /03. r/ C 11 lllgGd3� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MARGARET L BROLL 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 866 CARLWYNNE MNR APT 30 CARLISLE, PA 17013 S. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2193. 6. Defendant made use of said credit card and has a current balance due of $15309.23. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11 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, MARGARET L BROLL, INDIVIDUALLY, in the amount of $15309.23 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T. Mo an,47437 WELTMAN, WEINB9ERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30141225 C A Pit SJS This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER Discover More Card Account number ending in 2193 Open Date: Apr 1, 2013- Close Date: Apr 15, 2013 Cardmember Since 1986 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $15,309.23 New Balance $ 1 5,309.23 Payments and Credits — $0.00 Minimum Payment Due * $15,309.23 Purchases + $0.00 Payment Due Date May 10, 2013 Balance Transfers + $0.00 * Includes past due amount of: $2670.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $0.00 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $15,309.23 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 26.99/o variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your Credit Line $0 balance. For example: Credit Line Available $0 ffyoumal:eriaoddthonalckores! Youwill.payofffhe; Ani�.youwillendvp using 7h�s card and each rnonih balance'shown can ifvs paying nn esfimated tphtl; Cash Advance Credit Line $0 siate?tieot th about;; of. you: pay Cash Advance Credit Line Available $0 Only the minimum payment 16 years $15,309 You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 - 347 -1121. See reverse for details. REWARDS Contact Us Discover.com Cashback Bonus® Anniversary Month 1- 800 - 347 -2683 August Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period — $ 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment. Ptryment Coupon Pay Online Pay by Ph o ne Account number ending in 2193 Pleas? do notfold cVp or staple Dtstovercom 1 800347:2683 Minimum Payment Due $15,309.23 �I' I' I�I'' II' liil�lllillllliliilllllili�illilllllll� 'll New Balance 515,309.23 Payment Due Date May 10, 2013 MARGARET L BROLL Amount enclosed $ 866 CARLWYNNE MN APT 301 CARLISLE PA 17013 -4523 PO BOX 6103 CAROL STREAM IL 60197 6 .301 44225d Internet payments must be received by 5 P ET to be credited as of the some day. Q Address, e-mail or telephone changed? Note changes on reverse side. EXHIU ! i tj 000001986451737123936153092300039021530923 MARGARET L BROLL Account number ending in 2193 Open Date: Apr 1, 2013 - Close Date: Apr 15, 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See your Cardmember Agreement. Your. Card member Agreement all transactions must comply with U.S. low. contains all the terms of your Account. - Lost or stolen cards. Report immediate) !Call 1- 800 - 347 -2683. You can set automatic payments for: (i) statement New Balance, (ii) statement P Y Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed What To Do If You Think You Find A Mistake On Your Statement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar If you think there is an error on your statement, write to us at: Discover, PO amount" payment is not enough to cover the Minimum Payment Due as listed Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 on your monthly billing statement, your scheduled payment for that month days after the error appeared on your statement. You may call us, but if you will be increased to cover the Minimum Payment Due. If the scheduled do we are not required to investigate any potential errors, and you may have payment is greater than the Minimum Payment Due, any excess will be to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement. If your scheduled rights. Please see your Card member Agreement or visit payment is greater than the New Balance on your billing statement, that hops : / /discover.com/biIlingrights for a copy of this notice. payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the Payments. You may pay all or part of your Account balance at any time. billing statement based on credits or payments after the Close Date. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your ppayment and the bottom portion of this statement If you enroll by phone in our automatic payment service, please fill -in the in the envelope provided. IJa not send cash. If you pay by check, you following blanks below and retain the authorization for your records. authorize us to use information on your check to make an electronic fund transfer from yyour account at the financial institution indicated on your check Amount: ❑ Full Pay ❑Min Pay ❑Min Pay+ $ or to process the payment as a check transaction. If a payment is processed as on electronic fund transfer, the transfer will be for the amount of the ❑ Other Amount$ Bank Routing #: check. When we use y information from your check to make an electronic fund gunk Account # transfer, funds may be withdrawn from our account as soon as the same day we receive your payment, and you will not receive your check back from Monthly on the ❑ Pa yment Due Date financial institution. Y y El Close Dote The processing of your payment may be delayed if you send cash, ❑ Day of month (insert date) correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Credit Reporting. We may report information about your Account to credit Payments received in proper form at our processing facility by 5PM local time bureaus. Late payments, missed payments, or other defaults on your Account on any day will be credited to your Account as of that day. Payments received may be reflected in your credit report. We normally report the status and of our processing facility offer 5PM local time will be credited to your Account payment history of your Account to credit reporting agencies each month. If as of the next day. If you have misplaced your envelope, send your payment you believe that our report is inaccurate or incomplete, please write us at the to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. days for delivery. If your payment is returned unpaid, we reserve the right to Please include your name, address, home telephone number and Account resubmit it as an electronic debit. Payments made online or by phone will be number. credited as of the day of receipt if mode by 5 PM Eastern time. Paying Interest. Your due date is of least 25 days offer the close of each You can pay your monthly Minimum Payment Due, or a greater amount that billing period (at least 23 days for billing periods that begin in February). We does not exceed your current Account balance, over the telephone or you can will not charge you any interest on Purchases if you pay your entire balance setup automatic payments through a customer service representative by by the due date each month. We will begin charging interest on Cash calling 1- 800 - 347 -2683. Automatic payments for the billing period shown Advances and Balance Transfers as of the later of the Transaction Date or the on your statement will be deducted on the Payment Due Dote shown on that first day of the billing period in which the transaction posted to your Account. statement, or the next automatic payment date referred to on your statement, unless you request a recurring payment date (e. ., the 15" day of the month) How We Calculate Interest Charges. We Use the Daily Balance Method that occurs before your Payment Due Date or Close Date. If your scheduled (including current transactions) to calculate the Balance Subject to Interest payment dale falls on a weekend or bank holiday, your payment will be Rate. For more information, please call us of 1- 800 - 347 -2683. processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments by telephone, you will need this statement and Balance Subject to Interest Rate. Your statement shows a Balance Subject your bank account information. You will be asked to provide the last four (4) to Interest Rote. It shows this for each transaction category. The Balance digits of the social security number of the primary borrower. By providing Subject to Interest Rote is the average of the doily balances during the billing those numbers as your electronic signature, you will be agreeing to this period. authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your bank account. You also Credit Balances. If your Account has a credit balance, the amount is shown authorize us to initiate debit or credit entries to your bank account, as on the front of your billing statement. A credit balance is money that is owed applicable, to correct an error in the processing of such payment. You can to you. You may make charges against this amount if your Account is open. cancel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at We will send you o refund of any remaining balance of $1.00 or more after Discover, PO Box 30421, Solt Lake City, UT 84130 -0421; however, we must 6 months, or as otherwise required by applicable law, or upon request made receive notice at least three business days in advance of the scheduled to the address in the Contact Us section on page 3 of your billing statement. payment. If your payments may vary in amount, we will tell you on each Discover may monitor and /or record telephone calls between you and monthly billing statement when your payment will be made and how much it Discover representatives for quality assurance purposes. will be. The Discover® card is issued by Discover Bank, Member FDIC. TL23N CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email 38 t V i 225 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISCOVER - Discover More Card Account number ending in 2193 Open Date: Apr 1, 2013 - Close Date: Apr 15, 2013 Page 3 of 4 CONTACT US 0 Web Mobile O Phone ® Inquiry 0 Mail Payments Access your � Manage your 1- 800 - DISCOVER Discover Discover account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream m.Discover.com UT 84130 IL 60197 -6103 Transactions Trans. Date Post Date Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 105.00 TOTAL INTEREST CHARGED IN 2013 $ 855.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 15 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 21.99% V $0.00 $0.00 Cash Advances 23.99% V $0.00 $0.00 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www.discover.com /interestcharges 30141225 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION _.1. MARGARET L BROLL Account number ending in 21`93 Open Date: Apr 1 .2013 - Close Date: Apr 15, 2013 Page 4 of 4 4 30141225: VERIFICATION (Name) (Tit of DB Servicing Corporation, servicing affiliate of Discover Bank 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. Additionally, he /she verifies that Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks sufficient knowledge or information to verify this complaint. He /she verifies that he /she is authorized to make this verification. As an employee of DB Servicing Corporation, he /she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing complaint are true and correct 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. It is further stated that Discover Bank and DB Servicing Corporation extend 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�a �) 3 (Signature) DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ot cfih�be Fit ED-OHICL r),i-'0_�H 0 K,0 T Jody S Smith T H Chief Deputy -4 AV11612 VR ,130CT Richard W Stewart 4;�AW 20 Solicitor OFfIC60FTHESPERIFF 41TY U,UUMBERLAQ CQW� PEfiNVLVANIA, Discover Bank vs. Case Number Margaret L Broil 2013-5434 SHERIFF'S RETURN OF SERVICE 09/30/2013 11:24 AM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Margaret L Broil at 866 Carlwynne Mnr.Apt. 301, Carlisle, PA 17013. Wilft I AM C INE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, October 01, 2013 RbN1V R ANDERSON, SHERIFF (c)CountySuile Sheriff,Teleosoft,Inc, r , IN THE COURT OF COMMON PLEAS 29/4JAN 2 j PM 12: 8 CUMBERLAND COUNTY, PENNSYLVANIA �3 CIVIL DIVISION CuMVERLAN D � N NNSYLVA NIA TY DISCOVER BANK Plaintiff vs . Civil Action No. 13-5434 CIVIL TERM MARGARET L BROLL PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant MARGARET L BROLL above named, in the default of an Answer, in the amount of $14047 . 23 computed as follows : Amount claimed in Complaint $15309 . 23 Less payments / adjustments made $1262 . 00 Attorney' s fees $0 . 00 TOTAL $14047 . 23 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, WEINBERGG & REIS CO. , L.P.A. By: William . Molcza 47437 30141225 C A Pit SJS Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 And that the last known address of the Defendant is : MARGARET L BROLL 866 CARLWYNNE MNR APT 30 CARLISLE,, PA 17013 NO- g=I)'i 39oa j2* �CF.� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 13-5434 CIVIL TERM VS. MARGARET L BROLL Defendant IMPORTANT NOTICE TO: MARGARET L BROLL 866 CARLWYNNE MNR APT 301 CARLISLE, PA 17013-453 I Date of Notice: j --/7 11 � YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717)249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.#90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412)434-7955 (412) 338-7130 30141225 A PIT H4N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No. 13-5434 CIVIL TERM NON-MILITARY AFFIDAVIT MARGARET L BROLL 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, MARGARET L BROLL 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: MARGARET L BROLL 866 CARLWYNNE MNR APT 30 CARLISLE, PA 17013 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 Results as of:Jan-10-20140740:47 Center SCRA 3.0 *? ' ,,, •,?e Status Report Y8 Pursuant to Servicerembe s Civil Relief Act Last Name: BROLL First Name: MARGARET Middle Name: Active Duty Status As Of: Jan-10-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA -.NA No 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 Date Status Service Component NA NA No NA This response reflects whether the Individual or 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. )410/11, YA. : 7 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: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(NOM 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: 96TBGF9AUODAC30 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No. 13-5434 CIVIL TERM MARGARET L BROLL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the follo ing Order of Judgment was entered against you on ` a��‘.°‘ (xx) Assumpsit Judgment in the amount of $14047 . 23 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 Lard °R(Awito)09 Prothonotary By: T.. ' �^„�,.. .. PROTHONOTARY (OR DEPUTY) MARGARET L BROLL 866 CARLWYNNE MNR APT 30 CARLISLE, PA 17013 Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARGARET L BROLL Defendant(s) MEMBERS 1ST FCU M&TBANK Garnishee(s) TO THE PROTHONOTARY: Civil Action No. 13-5434 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MARGARET L BROLL , Defendant 3. against MEMBERS 1ST FCU, M & T BANK, , Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): coAt 1b3.-7Sr, " 1(o s� " " $ $14,047.23 $ $531.00 .4 135 t°' a3 $ $346.87 $ $13,863.10 WELTMAN, WEINBERG & REIS CO., L.P.A. By: pot oubil, James P. V ecko, Esquire PA I.D. #79 96 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 (5. Co e)t)4 WDS .)-) itt' Lex 2.-k=k- 26V-79 WWR No. 30141225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARGARET L BROLL Defendant(s) MEMBERS 1ST FCU M&TBANK Garnishee(s) No. 13-5434 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James P. Valecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30141225 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite]00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DISCOVER BANK Vs. MARGARET L. BROLL WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-5434 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MARGARET L. BROLL, 866 CARLWYNNE MANOR, APT. 30, CARLISLE, PA 17013 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 MEMBERS 1sT FCU, 1711 SPRING ROAD, CARLISLE, PA 17013 AND M&T BANK, l WEST HIGH STREET, CARLISLE, PA 17013GARNISHEE(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. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 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 $13,516.23 Interest $346.87 Attorney's Comm. % Attorney Paid $184.03 Date: 6/30/14 (Sea[) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : JAMES P. VALECKO, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7TH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 79596 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 Ronny R Anderson. Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF 14 $HERD':= IL 14 CUMBERLAND C w:1 PENNSYLVANIA Discover Bank vs. Margaret L Broil Case Number 2013-5434 SHERIFF'S RETURN OF SERVICE 07/09/2014 10:39 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Jan Finkle, Member Service Rep., 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. July 14, 2014 (c) CourtySuite Sherif', Teleosoft, Inc. LLIAM CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i + iruntarrfv, OFFICE rFTN'"r E ��t,.1.-1 ass. JL . 1 -f CUMBERLAND COU - PENNSYLVANIA Discover Bank vs. Margaret L Broil Case Number 2013-5434 SHERIFF'S RETURN OF SERVICE 07/09/2014 02:55 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, M & T Bank, 960 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Nancy Leach, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. July 11, 2014 The writ of execution and notice to defendant was mailed on July 11, 2014 to Margaret L. Broil at 866 Garlwynne Manor, Apartment 301, Carlisle, PA 17013. () CountySuite Sheriff, Teleosoft, Inc. LIA CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF t � t ' THE Pfr O HONo TA , 2014 JUL 28 Pt; 2: 25 CU p13ERL N0 fr� IN THE COURT OF COMMON PLEA �� �>�) Mb COUNTY, PENNSYLVANIA CIVIL DIVISIO� DISCOVER BANK Plaintiff vs. MARGARET L BROLL Defendant(s) MEMBERS 1ST FCU M&TBANK Garnishee(s) Civil Action No. 13-5434 CIVIL TERM INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James P. Valecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30141225 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARGARET L BROLL Defendant(s) MEMBERS 1ST FCU M&TBANK Garnishee(s) Civil Action No. 13-5434 CIVIL TERM TO: MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 RE: MARGARET L BROLL , 866 CARLWYNNE MNR APT 30, CARLISLE, PA 17013 Suggested Reference No.: XXX -XX -2495 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. 30141225 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)? (\ 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. 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? N\c4 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? �\P 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 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. No WWR No. 30141225 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. C\� 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: James P. Nalecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30141225 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 L. (Title) Lor,RiE MASKA M8,1041110e) (Company) , garnishee herein, 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. Jul 2 3 2014 ovicAA \JCI(r--- (SIGNATURE) WWR No. 30141225 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAPEWED CIVIL DIVISION JUL 1 1 2014 DISCOVER BANK Plaintiff vs. Civil Action No. 13-5434 CIVIL TERM MARGARET L BROLL Defendant(s) -0= MEMBERS 1ST FCU �, z� M&TBANK �� Garnishee(s) <c) D c) Y c5 TO: MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 RE: MARGARET L BROLL , 866 CARLWYNNE MNR APT 30, CARLISLE, PA 17013 Suggested Reference No.: XXX -XX -2495 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. 30141225 -k8ldsec.9. Va 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 hiiR or were liable to him for any reason (including funds on deposit for checking or savings accounts and certifica of deposit)? f10 JUL 112014 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. nlcx- 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. 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 part by the defendant or in which defendant held or claimed any interest? no 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? no 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? no 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? 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 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. no WWR No. 30141225 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. $ 3. 9-7 clx,c1( fl RECEIVED JUL 1 1 2014 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. No_ 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? n\a. 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: James P. Malecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30141225 VERIFICATION RECEIVED JUL 1 I 20N 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 (Name) MC.‘mcnef— of Mfirbes-s 15*-• , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. WWR No. 30141225 INTERROGATORIES LN 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 hill or were liable to him for any reason (including funds on deposit for checking or savings accounts and certifica e §[ JULdeposit)? [.�� v� � 1 2014 . �� 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 claim,ed that you owe or owed to him; and the nature and amount of each of such liabilities. [l\6- ' ,| 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? no 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? 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 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. W\VRNo, 3Ul4\225 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. .531deckr RECEIVED JUL 1 1 2014 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. No. 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: ✓ James P. alecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30141225 VERIFICATION RECEIVED JUL 2014 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 (Name) 70_ inC.ine.0 of JJ , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best ofhis/her knowledge, information and belief. WWR No. 30141225 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 hit,/u.�11' or were liable to him for any reason (including funds on deposit for checking or savings accounts and certifies e'f deposit)? 2014 I 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 writ -ten 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. {116- 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? no 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? no 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? no 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? 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 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. no WWR No. 30141225 VERIFICATION RECEIVED JUL 1 1 2014 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 (Name) JQ C .---)CAThoy.r.-- of MciThnber , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. WWR No. 30141225 INTERROGATORIES IN ATTACHMENT | 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 hitin,7.4, or deposit)?or were liable to him for any reason (including funds on deposit for - savings JUL/-\~� °� � � �0&y . �� -~"r |u. lfthe answer toInterrogatory 1 is in the afflrmative, state the foliowing: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. r\r-� 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? no 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? no 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? no 7. lf 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 )an? 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. [-10 WWR No. 30141225 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. '� ��`U-7 - --� ' ' RIECEIvEt JUL 1 1 2014 9. \[ the answer 0V Interrogatory 1 is in the affirmative, state the date the sher[7ncrvcd these interrogatories on this institution. \ 10. lfthe answer toInterrogatory l is in the affirmative, state the date the written instrument, checking or savings account, certiflcate ofdeposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. F\\ \|. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically onurecurring basis and which are idenhficdumbeing funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? n_ 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: James P. alecko, Esquire PA /.//. 1//959n \9ELTMAN`WEINBERG8iBElSCO.,l..P./\. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30141225 VERIFICATION RECEIVED JUL 1 1 2014 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 fr)t,)1•:,-_,c_t (Name) 0[7'7 inCAThc-nef- of Mcsib&& garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. WWR No. 30141225 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James P Valecko, Esquire Attorney for Plaintiff(s) I.D. No. 79596 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30141225 DISCOVER BANK Cumberland County Court of Common Pleas vs. MARGARET L BROLL NO. 13-5434 CIVIL !ERM and M&T BANK AND MEMBERS 1ST FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION CD TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), M&T BANK AND MEMBERS 1ST FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James P alecko, Esquire Attorney for Plaintiff ""*T1 rr C.) 4(1. 50 P ATT4 of lig ii -5 LI I tlfr 311 ogol