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HomeMy WebLinkAbout13-7084 Supreme Cour l f Court `of COnlm0 , `P leas For Prothonotary Use Only: 1f Civil - `Cove ,Sheet Docket No: ' CUMB�ERLANd_Xel County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition a Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C BARCLAYS BANK DELAWARE KATHLEEN M WITT T Dollar Amount Requested: (Dwithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) iDoutside arbitration limits O N Is this a Class Action Suit? ( Yes [X' No Is this an MDJAppeal? Yes El No A Name of Plaintiff /Appellant's Attorney: FREDERIC I WEINBERG 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 Plaintiff Administrative Agencies Malicious Prosecution x] Debt Collection: Credit Card Board of Assessment _i Motor Vehicle Debt Collection: Other CI Board of Elections �_, Nuisance Dept. of Transportation F7 Premises Liability b Statutory Appeal: Other S r 7i Product Liability (does not include mass tort) f I Employment Dispute: E Discrimination Slander/Libel/ Defamation C '� - Other: M Employment Dispute: Other M Zoning Board Other: T I 0 Other: Q MASS TORT C+ Asbestos N 0 Tobacco . 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS F] Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration i Other: G_! Eminent Domain/Condemnation 0 Declaratory Judgment P ] Ground Rent 0 Mandamus Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental © Partition 0 Replevin [] Legal ETJ Quiet Title © Other: 0 Medical Other: Other Professional: Updated 1/1/2011 2168151 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C.,. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 w -, -- JOEL M. FLINK, ESQUIRE C:) Identification No.: 41200'' 1001 E. Hector Street, Ste 220 k - Conshohocken, PA 19428 484/351 -0500 i ts BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS 125 S. West St. CUMBERLAND COUNTY Wilmington, DE 19801 _ VS. DOCKET N0. KATHLEEN M WITT 36 LILAC DR MECHANICSBURG PA 17050 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (7 17) 249 -3166 filth 7S COMPLAINT IN CIVIL - ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card SO issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant(s)received and accepted goods and merchand- ise and /or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the affidavit of account is attached hereto as Exhibit "A" and incorporated herein by reference. 4. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of 10/25/13 in the amount of $5,526.02. S. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 9/10/2012. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,526.02 plus applicable costs. GORDON & WEINBERG, P.C. BY: FREDERIC EINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.1 2168151 BARCLAYS BANK DELAWARE KATHLEEN M WITT 5156650002210873 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. NAME: EXHIBIT "A" 2168151 BARCLAYS BANK DELAWARE KATHLEEN M WITT 5156650002210873 State of Delaware § § County of New Castle § AFFIDAVIT I, �1 , being duly served sworn according to law, depose and say that: 1. I am the authorized representative of the Plaintiff herein and I have custody and control of the files relating to this account; 2. Plaintiff's files are maintained in the usual and ordinary course of business; 3. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 4. There is now due and owing from defendant to plaintiff, the amount of $5,526.02 less credits in the amount of $.00 totaling $5,526.02 as of July 19, 2013. 5. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. qn /y7 AFFIANT: Sworn to and Subscribed before me this QAq day 2013 7 � Tj � I Notary Public P 12 0 ���� A R NV MI S -J; EXPIRE • DEG. 3, 2016 Ry i � -' g� • �`�' / / / �� qI 1 OF D"-\Y\ � Department of Defense Manpower Data Center Results as of: Oct -30- 2(11309:43:59 SCRA 3.0 .� Status Report pursuant to Servicernemben Civil Relief Act Last Name: WITT First Name: KATHLEEN Middle Name: M Active Duty Status As Of. Oct -30 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA I No NA This response reflects the individuals' active duly status based on the Active Duty Status Dale Left Active Duty Within 387 Days of Active Duty Status Date Active Duty Start Date Active Duly End Date Status Service component NA NA No NA This response reflects where the individual left active duty status within 387 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 Dale 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 Servicernember or his/her unit receiving notification of future orders to report for Active Duty, HOWEVER, WITHOUT ASOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty' responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: 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: F5Y7YE75POA63F0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C.)1* of Climb ttit Jody S Smith , ..a DEC I I PM 3 5 Chief Deputy . , Richard W Stewart CUMBERLAND COUNT Solicitor PENNSYLVANIA Barclays Bank Delaware Case Number vs. Kathleen Witt 2013-7084 SHERIFF'S RETURN OF SERVICE 12/04/2013 03:56 PM - Deputy Dennis Fry, 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: Kathleen Witt at 800 Wertzville Road, Enola, PA 17025. DE IS FRY, D UT SHERIFF COST: $61.90 SO ANSWERS, December 05, 2013 RONR ANDERSON, SHERIFF 2168151 GORDON & WEINBERG, P.C. c _ v BY: FREDERIC I . WEINBERG, ESQUIRE rnw Identification No. : 41360 �j JOEL M. FLINK, ESQUIRE ter;} CD Identification No. : 41200 1001 E. Hector Street, Ste 220 Dc�-, nom, Conshohocken, PA 19428 =C) C: ' 484/351-0500 Ty= 4 on BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. : 13-7084-CIVIL KATHLEEN M WITT PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant (s) KATHLEEN M WITT above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows : Principal $5, 526. 02 Interest from 09/27/2012 @0% $ . 00 Costs (Complaint & Service) $165 . 65 Less : Payment on Account ( $ . 00) Total: $5, 691 . 67 Understanding the false statements made herein are subject to penalty under 18 Pa.C. S.A. §4904, Unsworn Falsification to Authorities, I verify that : 1 . The last known addresses of the parties are: BARCLAYS BANK DELAWARE and that the last known address of defendant, KATHLEEN M WITT, 36 LILAC DR, MECHANICSBURG PA 17050. 2 . The annexed notice (s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. /`.s'b rn`a.r�-"rVch 3 . The said defendant (s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. f` AND NOW, this ��ay of 20�Judgment is entered in favor of the plaintiff (s) and against defendants) by default for want of an answer and damages assessed at the sum of $5, 691 . 67 as per the above certi cat ' '7\ V;? r r?"' Prothonota y GORDON & WEINBERG, P.C. BY: FREDERIC Y. W NBERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff 2168151 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : 13-7084-CIVIL KATHLEEN M WITT NOTICE OF INTENTION TO TAKE DEFAULT TO/PARR KATHLEEN M WITT 36 LILAC DR MECHANICSBURG PA 17050 DATE OF NOTICE/FECHA DEL AVISO: January 7, 2014 IMPORTANT NOTICE _ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C • BY: FREDERIC: WErfNBERG, ESQUIRE JOEL M. L NK, ESQUIRE P10D Department of Defense Manpower Data Results as of:Jan-16-201406:27:36 Center SCRA 3.0 Status Deport Pursuant to Servicernemben Civil Relief Apt E) Last Name: WITT First Name: KATHLEEN Middle Name: M Active Duty Status As Of: Jan-16-2014 On Active Duty On Active D Status Date Active Duty Start Dale Active Duty End Date I Status Service Component NA NA I No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Qjvs ofActive s Date Active Duty Start Date Active Duty End D I Status Service Component NA NA I No NA This resDonse reflects where individual left active duty status within 7 days r i h Active Date The Member or Hs/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Dutv Status Dale Order Notification Start Date Order Notification End Date I Status Service Component NA NA I No NA This response reflects whether the individual or his/her unit has received early notification tore art 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. 14 LA t ' 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)(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(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 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: M63F813EHOCAZEO 2168151 GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. : 13-7084-CIVIL KATHLEEN M WITT 36 LILAC DR MECHANICSBURG PA 17050 NOTICE Pursuant to Pa.R.Civ. P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /XL Judgment by Default $5,691. 67 Money Judgment $ Judgment on Award of Arbitrators$ Ll Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNI THI NOT PLEASE LL ATTORNEYS: FREDERIC I . WEINBERG OR EL M LI ESQU AT THIS TELEPHONE NUMBER: 484/351-0500 a PROTHONOTARY 2168151 The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360e2F1F- r,! (13 -u Joel M. Plink, Esquire Identification No.: 41200 CHM 375 E. Elm Street, Suite 210 PERSYLVIVW, Conshohocken, PA 19428 484/351-0500 ...BARCLAYS BANK DELAWARE - --125 S. West St. - Wilmington, DE 19801 vs. KATHLEEN M WITT 800 WERTZVILLE RD Enola PA 17025 and Members 1st FCU _401 East King St ===Shippensburg, PA 17257 GARNISHEE(S) - TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 13 -7084 -CIVIL PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against KATHLEEN M WITT (2) against Members 1st FCU defendant(s)and garnishee(s) (3) Amount Due Interest from January 27, 2014 Costs Prothonotary fee Sheriff fee (4) Less: Payments on Account 6) TOTAL 0,04 s9q, 12(.0tc) Ukr6lf. /e 1\0. St> " h -1;P• RS 1) tLL' Llt 1)0( 0 s. r-d-kk tS FREDERIC I. WE •LI.B ESQUIRE JOEL, M. FLINK, ESQUIRE Attorney for Plaintiff $5,691.67 $0.00 $0.00 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BARCLAYS BANK DELAWARE Vs. KATHLEEN M. WITT WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-7084 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against KATHLEEN M. WITT, 800 WERTZVILLE ROAD, ENOLA, PA 17025 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, 401 EAST KING STREET, SHIPPENSBURG, PA 17257GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds'in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple'accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $5,691.67 Interest FROM JANUARY 27, 2014 - $0.00 Attorney's Comm. % Attorney Paid $211.15 Date: 1/8/15 (Seal) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David By: Deputy REQUESTING PARTY: Name : FREDERIC I. WEINBERG, ESQUIRE Address: LAW OFFICES OF FREDERIC I. WEINBERG & ASSOCIATES, P.C. 375 E. ELM STREET, SUITE 210 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ oFr'ilcE OF THE SHERIFF M15 JAM 1 P? 12: 55 CUMBERLAND CCUNP1' PENNSYLVANIA Barclays Bank Delaware vs. Kathleen Witt Case Number 2013-7084 SHERIFF'S RETURN OF SERVICE 01/13/2015 09:34 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, 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Kathleen Nissley, Sales Assistant, 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 January 14, 20 - to Kathleen M. Witt at 800 Wertzville Road, Enola, PA 17025. January 14, 2015 CountySuite Sheriff, Tc!eosofi, ': nc WILLIAM CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF