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Home My WebLink About14-0989 Supr eme Court- of;Pennsylvania WWR# 20266892 C A Pit ABR Court f Common Pleas Civil. r,Sheet ForProthawtan• Use Only: JZ C UMBER LAND � COU Docket No: f r The injbrniation collected on this form is used soleh� for court administration pwposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by low or rules of court. Commencement of Action: S 1$ Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Ll Declaration of Takin C Lead Plaintiff's Name: Lead Defendant's Name: T MIDLAND FUNDING LLC DAVID ZWIERZYNA I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: El within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes 13 No Is this an MEW Appeal? 13 Yes 8 No 47437 Name of Plaintiff /Appellant's Attorney: William T. Molczan ' ❑ 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 17 Intentional .❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution . 5 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 [3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I O ❑ Other: 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 D FARx 20 Ili FE 2Cl Pik � � - CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC V � Plaintiff No: V vs. COMPLAINT IN CIVIL ACTION DAVID ZWIERZYNA Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 20266892 C A Pit ABR .. r � lD - 7 _ a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. Civil Action No DAVID ZWIERZYNA 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 4> CIVIL ACTION 1. Plaintiff, MIDLAND FUNDING LLC, is a business entity with offices located at 8875 Aero Drive, Suite 200, San Diego, CA 92123. 2. MCM� records show that the Defendant(s) DAVID ZWIERZYNA is/ are individual(s) residing at 104 KIM ACRES DR, MECHANICSBURG, PA 17055 . 3. As set forth in records maintained on behalf of Plaintiff, this action is based upon a credit agreement entered into between Defendant(s) and the original credit grantor. 4. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendants GE Capital Retail Bank account XXXXXXXXXXXX3652 (hereinafter "the account "). Midland Credit Management, Inc. (hereinafter "MCM ") services the account on behalf of Plaintiff. 5. MCM� records state that this action is based upon a credit agreement entered into between defendant(s) and the original credit grantor. MCM� records further state that defendant(s) used or authorized the use of the credit account but failed to make the payments due pursuant to the agreement. 6. MCM' records show that the defendant(s) owed a balance of $1491.27 as of 2014- 01 -14. 7. Attached hereto are records regarding the account and/or payment(s) received. WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant(s) in the amount of $1491.27, together with costs of this action. By Weltman, Weinberg & eis, Co., LPA Attorney for Plaintiff Page - 1 II��I�III�I�I��IIIIII�II�I�IIIIII�I� I��IID�II�IIII�III�I�IIII�IIIIII�III�I�I��II01�11�I I�I�I�Illlll�llQ�la��ll��ll 8557003656 AFFINDEBTMEDIA 20266892 s Wa1marUe Save money, Live better. Wal mart® DAVID D ZWIERZYNA Visit us at walmart-com/credit Cred Card Account Number: 3652 Customer Service: 1- 600 - 641.4526 Summary of Account Activity Payment Information Previous Balance $1,491.27 New Balance $0.00 - Other Credits $1 ,491.27 Amount Past Due $0.00 New Balance $0.00 Total Minimum Payment Due $463.00 Payment Due Date 02/172012 Credit Limit $1,175 Late Payment Warning:lf we do not receive your minimum Available Credit $0.00 payment by the date listed above, you may have to pay a late Cash Advance/Quick Cash Limit $ 200 fee up to $35.00. Available Cash $0.00 Statement Closing Date 02/15/2012 Days in Billing Cycle 27 Transaction Summary Tran Date Post Date Reference Number Description of Transaction or Credit Plan Type Amount 02!15 02115 1`9/12001)Y00999990 CHARGE OFF ($1,170.76) ACCOUNT - PRINCIPALS 02115 02115 F91120ODY00999990 CHARGE OFF ACCOUNT *FINANCE ($320.49) CHARGES' FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 02/15 02115 INTEREST CHARGE ON PURCHASES $0.00 02/15 02115 INTEREST CHARGE ON CASH $0.00 ADVANCES TOTAL INTEREST FOR THIS PERIOD $0.00 2012 Totals Year -To -Date Total Fees charged in 2012 $0.00 Total Interest charged in 2012 $26-72 Total Interest Paid in 2012 $O.OD Interest Charge Calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Expiration Date Plan Type Rate Interest Rate Interest Charge Current Transactions Regular Purchases & Cash NA REG 22.90 %(v) $0.00 $0 -00 Advances Transactions on or before 121042010 Regular Purchases N/A REG 22.90% $0.00 $0.00 (v) = Variable rate Cardholder News and Information If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. PAYMENT DUE BY 5 P.M. (EIS ON THE DUE DATE NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 BFH 1 5 16 120215 Z X PAGE 1 of 1 9112 1400 0204 OIDD5404 —I Detach and mail this portion wdh your check. Do not include any correspondence with your check. �'�� ' AccountNumber:�3652 Total Minimum Amount I Payment DuoOverllmlt Ne lance w Ba �@Y• Live fi Payment Due Past Due Date Amount $463.00 $0.00 02/17/2012 $0.00 Payment Enclosed: ❑ ❑ ❑ ❑ a . [IF] Please Il�lell�llQlll��lallllll�il�llll >Illl>r�llQ�Q�II� IIB use blue or black ink. New address or email? Print changes on back. DAVID D ZWIERZYNA M E H PA 17055 -5533 Make Payment To: WALMART /GECRB P.O. BOX 530927 ATLANTA, GA 30353 -0927 � nrrrr �— � I I � Y r Verification Melissa Johnson, being duly sworn (or affirmed) according to law deposes and says that I am employed as a Legal Specialist for Midland Credit Management, Inc. ( "MCM "), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make these statements herein based upon personal knowledge of those account records maintained on plaintiffs behalf. I am authorized to make this verification on plaintiff§ behalf. The facts set forth in the foregoing pleading are true and correct. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. FEB 0 3 2014 Date nA AA4V1M Melissa Johnson OH 14 Weltman, Weinberg & Reis. Co., L.P.A Page - 2 I�I�ll�l��ll�q�lf�l�ll�lllll� I��Illl�ul�ll�l��l��ll�lla�l�l�ll0l�l�il i�lll�lull�lll�la�l��lll�l�l 8557003656 AFFINDEBTMEDIA 20266892 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 4 L.-Lit ;L,: Sheriff a E PRO Jody S Smith Chief Deputy1;1i1 , -� 13 Richard W Stewart CUMBERLAND [:CUNTY Solicitor= "`" `r PENNSYLVANIA Midland Funding, LLC vs. Case Number David Zwierzyna 2014-989 SHERIFF'S RETURN OF SERVICE 02/26/2014 03:11 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be John Zwierzyna, Father, who accepted as"Adult Person in Charge"for David Zwierzyna at 104 Kim Acres Drive, Upper Allen, Mechanicsburg, PA 17055. C Q..W'r L`'' lQt1 DAWN KELL, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, February 28, 2014 RONNY ANDERSON, SHERIFF \A MIDLAND FUNDING LLC Plaintiff vs. DAVID ZWIERZYNA TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION P O HONOTAR': TM HAY --7 PH 2: 10 CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 14-989 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant DAVID ZWIERZYNA above named, in the default of an Answer, in the amount of $1491.27 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $1491.27 $0.00 $0.00 $1491.27 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, WEINBERG & REIS CO., L.P.A. By: William T. Molczan 47437 20266892 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 DAVID ZWIERZYNA 104 KIM ACRES DR MECHANICSBURG, PA 17055 is . Q,�,,� IL,. sopQtt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION MIDLAND FUNDING LLC Plaintiff YS. DAVID ZWIERZYNA Defendant TO: DAVID ZWIERZYNA 104 KIM ACRES DR MECHANICSBURG, PA 1705 Date of Notice: Case No. 14-989 CIVIL IMPORTANT NOTICE 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 AHEARING 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 20266892 A PIT A4S MIDLAND FUNDING LLC Plaintiff vs. DAVID ZWIERZYNA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-989 CIVIL NON-MILITARY AFFIDAVIT 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, DAVID ZWIERZYNA 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: DAVID ZWIERZYNA 104 KIM ACRES DR MECHANICSBURG, PA 17055 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. th/v/f AFFIANT Department of Defense Manpower Data Center Results as of : Apr -28-2014 10:20:57 AM SCRA 3.0 State Report Pursuant to Se icemembers Civil Relief Act Last Name: ZWIERZYNA First Name: DAVID Middle Name: Active Duty Status As Of: Apr -28-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA r NA No NA • This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das 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. yth. 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/PCO9SLDR.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(0 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: D9X2MBC2KOEC6D0 MIDLAND FUNDING LLC Plaintiff vs. DAVID ZWIERZYNA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-989 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fol owing Order of Judgment was entered against you on S 7JJ)14 (xx) Assumpsit Judgment in the amount of $1491.27 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non -Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Awar Prothonotary By: PROTHONOTARY (OR DEPUTY) DAVID ZWIERZYNA 104 KIM ACRES DR MECHANICSBURG, PA 17055 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 MIDLAND FUNDING LLC Plaintiff vs. DAVID ZWIERZYNA Defendant(s) BELCO COMMUNITY CREDIT UNION Garnishee(s) TO THE PROTHONOTARY: Civil Action No. 14-989 CIVIL 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 DAVID ZWIERZYNA , Defendant 3. against BELCO COMMUNITY CREDIT UNION, , , Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 1.201 ac) Pd th3- 3q . 36 CBC /.75 t. " ill 911 " Igg.5s $ $1,491.27 $ $0.00 $ $0.00 $ $1,491.27 WELTMAN, WEINBERG & REIS CO., L.P.A. By: James P. Vale o, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7`h Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 W o.2 6892 (j�TL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. DAVID ZWIERZYNA Defendant(s) BELCO COMMUNITY CREDIT UNION Garnishee(s) No. 14-989 CIVIL 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. 20266892 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 MIDLAND FUNDING LLC Vs. DAVID ZWIERZYNA WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-989 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DAVID ZWIERZYNA, 104 KIM ACRES DRIVE, MECHANICSBURG, PA 17055 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 BELCO COMMUNITY CREDIT UNIONGARNISHEE(S), . as garnishee, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,491.27 Plaintiff Paid Interest Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Other Costs Attorney Paid $188.55 Date: 6/04/14 SCal) David D. Buell, Prothonotary 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 _v ! t PRO I HONG Irtl, Hit' JUN -9 PM 3.0 5 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF TI,5NEF',IFP Midland Funding, LLC vs. David Zwierzyna Case Number 2014-989 SHERIFF'S RETURN OF SERVICE 06/06/2014 02:50 PM - Christopher Sharpe, 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, Belco Community Credit Union, 5304 Carlisle Pike, Hampden Townsihp, Mechanicsburg, PA 17055, Cumberland County, by handing to Colleen Dean, Member Service Representative II, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 9, 2014 to David Zwierzyna at 104 Kim Acres Drive, Mechanicsburg, PA 17055. June 09, 2014 (c) CountySute Sherif', Teeosoft, cc CHRI /-2` PHER SHARPE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF UE PROTHONOTARY u�!�? 12 PI -9 2 33 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. DAVID ZWIERZYNA Defendant(s) BELCO COMMUNITY CREDIT UNION Garnishee(s) Civil Action No. 14-989 CIVIL Ants,A,ors 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 7`h Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 20266892 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. DAVID ZWIERZYNA Defendant(s) BELCO COMMUNITY CREDIT UNION Garnishee(s) Civil Action No. 14-989 CIVIL TO: BELCO COMMUNITY CREDIT UNION, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 RE: DAVID ZWIERZYNA , 104 KIM ACRES DR, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX -XX -3062 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. 20266892 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)? \V o 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. 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? N4 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? Na 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? � D 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. From S W . D'1Vcct be 1005 if () c -c fcf 3 20.15 Ttrcvt S pa✓`¢ V1/2 Mo St W a y est". • , U e M P 0 ci ivt of? C 0 Al Pell s c44 -r 0'1 WWR No. 20266892 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. 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. V lecko, Esquire PA I.D. #7 596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 20266892 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 D -G y ie 6 (Name) 'Vn( d 4A01 I yS t" of e Ir 6 CC %4 , garnishee herein, (Title) 1 (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. 20266892 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 # 20266892 rI .LU-Oi-FICi.. kV THE PROTHCNC iA 2014AUG 22 PMI2:33 CUMBERLAND COUNTY .PENNSYLVANIA MIDLAND FUNDING LLC Cumberland County Court of Common Pleas vs. DAVID ZWIERZYNA and BELCO COMMUNITY CREDIT UNION Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION NO. 14-989 CIVIL TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), BELCO COMMUNITY CREDIT UNION, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James " Valecko, Esquire Attorn, y for Plaintiff *q.5o Pp icrrq Ott -m.0150 3RDI 76