HomeMy WebLinkAbout14-1231 Supreme Court;of- Pennsy lvania W ", R# 30259650 C A Pit SJS
Coul o Corn on-Pleas
i N VA
Civil C- over�Sheet ForProOrorrotan' Use Orrtr: !,
C UMBERLAND y :s� ,z 1 Docket No: r,
The information collected on this fibrin is used solely for court administration pinposes. This form does not
supplement or replace the filing and sen-ice ofpleadings or other papers as required b loi,' or rules of court.
Commencement of Action:
S M 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 KENNETH E DUNCAN JR
I
0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N (check one) ❑ outside arbitration limits
A Is this a Class Action Suit? 13 Yes 13 No Is this an MDJ Appeal? 13 Yes W No
47437
Name of Plaintiff /Appellant's Attorney: William T. Molczan '
❑ Check here if you have no attorney (are a Self- Represented JPro 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 E3 Buyer Protection Administrative Agencies
❑ Malicious Prosecution "Debt Collection: Credit Card 13 Board of Assessment
13 Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance p Dept. of Transportation
S ❑ Premises Liability ❑ Statutory Appeal: Other
E
[3 Product Liability (does not include 13 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 Cl 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
ij
c0 BAR 3 PM 2:21
CUMBERLA;ND CIOUNTY
PENNSYLVA141A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: _I
VS.
COMPLAINT IN CIVIL ACTION
KENNETH E DUNCAN JR
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
30259650 C A Pit SJS
-I5 ably
1L� 11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
KENNETH E DUNCAN JR
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's
account, which is the subject of this litigation.
4. Defendant is an adult individual(s) residing at 135 E CREEK RD
NEWBURG, PA 17240
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX6957.
6. Defendant made use of said credit card and has a current balance
due of $5378.43. 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, KENNETH E DUNCAN JR, INDIVIDUALLY, in the amount of
$5378.43 and costs.
-
William T. Molczan 437
WELTMAN, WEINBERG REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh PA 15219 -1827
(412) 434 -7955
FAX: 412- 338 -7130
WWR# 3025965.O-.0 -A -Pit SJS
DISC VEK Discover More Co r
Account number ending in 6957
Open Dote: Nov 1, 2013- Close Dote: Nov 15, 2013
Cardmember Since 2012
Page 1 of 4
A CCOUNT SUMMARY P AYMENT INFORMATION
Previous Balance $5,378.43 New Balance $5,378.43
Payments and Credits - $0 -00
+ Minimum Payment Due' $5,378.43 l
Purchases $0.00 Payment Due Date December 10, 2013
Balance Transfers $0.00 1 * Includes ost due amount of: $1257.00
Cash Advances + $0.00 p
Fees Charged + $0.00
g 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 $5,378.43 I purchase and balance transfer APRs for new transactions may be increased up to
the Penalty APR of 22.99% variable.
See Interest Charge Calculation section following the
Transactions section for detailed APR information and ti will ta y longer 1
Minimum Payment Warning: If you make only the minimum payment each
_— ..._.._........... -......._.........__ ............._... ..........__........._...._.... - .........._............_.. -. _... period, you will pay more in interest e o o pay off your
balance. For example:
Credit Line $0 i
j .... .. .... -
i Credit Line Available $0 pflctp.:treols rm r�hanCt rttt es 1'44 ✓�li oy44hq. ,Atsd tsttwtll�tncl:Up
stttg: thtscbrdandeachrnrsnfh :bcdlaocokown pt oesfirrnal. too.
Cash Advance Credit Line $0
yoga F+a .. alafement 10 about of .4
Cash Advance Credit Line Available $0 Only the minimum payment 8 years $5,378 j
i
You may be able to ovoid interest on Purchases. If you would like information about credit counseling services, call 1-800-347-112 1.
I See reverse for details. i
1 REWARDS
_ ..............__..__ ..__ .....__........_..__ .__............
C ontact U S Discover -Corn Cashback Bonus® Anniversary Month
pS �i
1-800-347-2683
February
i Opening Balance $ 0.00
New Cashback Bonus This Period + $ 0.00
I
Redeemed This Period - $ 0.00
Cashback Bonus Balance $ 0.00
To learn more, log in at Discover.com J
Make Check payable t Discover NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the per below, detach and return with your payment
Q�tYt i
it "C�li1�617 ��i� �l#IjtSE. 1��� b� Pltfyh� Account'number ending in 6957'
l l as drx not fold,. clip or 0* 0, l isco r om 1 f 0 347 83
_ e ... Minimum Payment Due $5,378.43
illlii IIII 'i li ii i Ij lit ii i i n New Balance $5,378.43
Ii l n l it Illll I I llil ill II ll it
Payment Due Date December 10, 2013
KENNETHE DUNCAN JR _ ......:.....................................................__.............. ........... ....__............_ _
30 ALLISON LN Amount enclosed $
SHIPPENSBURG PA 17257 -9602
PO BOX 6103
CAROL STREAM IL 60197 -6103
30269165Q1 Intemet payments must be received by 51"M ET to be credited as of the some day
- �` I II' IIII I IIIIIlllllililiilill�il , �Ilij�llllrll
Address, e-mail or telephone changed? Note changes on reverse side
000001986458449553193053784300400000537843
EXHlQiT
KENNETH E DUNCAN JR Account number endinq in 6957 Open Date: Nov 1, 2013 - Close Dote: Nov 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 Ag reement all transactions must comply with - U.S. low.
contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (5) statement
Lost or stolen cards. Report immediatellyl Call 1-800-347-2683. 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 on 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 Cardmember Agreement or visit payment is greater than the New Balance on your billing statement, that
https://discover.com/billing6ghis 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 anytime. 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 our payment 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 offer affixing postage. Payments sent without proper following blanks below and retain the authorization for your records.
postage will be returned to the sender. Do not send cash. If you pay by
check, you authorize us to use information on your check to make an Amount: El Full Pay 0Min Pay_U Min Pay+ $ _;
electronic fund transfer from your account at the financial institution indicated D Other Amount$_; Bank Routing #:
on your check 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 Bank Account #
of the check. When we use information from your check to make an
electronic fund transfer, funds may be withdrawn from your account as soon Monthly on the [I Payment Due Date a Close Date
as the some day we receive your payment, and you will not receive your 0 Day of month (insert dole)
check back from your financial institution.
The processing of your payment may be delayed if you send cash, corres- Credit Reporting. We may report information about your Account to credit
pondence or other items with your payments, if you send the payment to any bureaus. Late payments, missed payments, or other defaults on your Account
other address, or if you use on envelope other than the one provided. may be reflected in your credit report. We normally report the status and
Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If
on any day will be credited to your Account as of that day. Payments received you believe that our report is 'inaccurate or incomplete, please write us at this
at our processing facility offer 5PM local time will be credited to your Account address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please
as of the next day. If you have misplaced your envelope, send your payment include your name, address, home telephone number and Account number.
to Discover, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7.10
days for delivery. If your payment is returned unpaid, we reserve the right to Paying Interest. Your due date is at least 25 days offer the close of each
resubmit it as on electronic debit. Payments mode online or by phone will be billing period (at least 23 days for billing periods that begin in February). We
credited as of the day of receipt if made by 5 PM Eastern time. will not charge you any interest on Purchases if you pay your entire balance
by the due date each month. We will begin charging interest on Cash
You con pay your monthly Minimum Payment Due, or a greater amount that Advances and Balance Transfers as of the later of the Transaction Date or the
does not exceed your current Account balance, over the telephone or you con first day of the billing period in which the transaction posted to your Account.
setup automatic payments through a customer service representative by
calling 1-800-347-2683. Automatic payments for the billing period shown How We Calculate Interest Charges. We Use the Daily Balance Method
on your statement will be deducted on the Payment Due Date shown on that (including current transactions) to calculate the Balance Subject to Interest
statement, or the next automatic payment date referred to on your statement, Rote. For more information, please call us at 1-800-347-2683.
unless you request a recurring payment date (e.g., the 15" day of the month)
that occurs before your Payment Due Date or Close Date. if your scheduled Balance Subject to Interest Rate. Your statement shows a Balance Subject
payment date falls on a weekend or bank holiday, your payment will be to Interest Rafe. It shows this for each transaction category. The Balance
processed the business day prior to the weekend or bank holiday. In order to SUbied to Interest Rate is the average of the daily balances during the billing
schedule monthly payments by telephone, you will need this statement and period.
your bank account information. You will be asked to provide the lost four (4) Credit Balances. If your Account has a credit balance, the amount is shown
digits of the social security number of the primary borrower. By providing on the front of your billing statement. A credit balance is money that is owed
those numbers as your electronic signature, you will be agreeing to this to you. You may make charges against this amount if your Account is open.
authorization to allow us and your bank to deduct each payment you We will send you a refund of any remaining balance of $1.00 or more after
authorize, in the amount selected by you, from your bank account. You also 6 months, or as otherwise required by applicable law, or upon request made
ovthorize us to initiate debit or credit entries to your bank account, as to the address in the Contact Us section on page 3 of your billing statement.
applicable, to correct an error in the processing of such payment. You can
cancel a scheduled payment by phone at 1-800-347.2683 or by mail at Balance Transfers. Balance Transfers are offered at our discretion and
Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must accrue interest at the standard purchase rate unless we tell you otherwise.
receive notice at least three business days in advance of the scheduled
payment. If your payments may varylin 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 DiscoverCR card is issued by Discover Bank, Member FDIC. TL23N
CHANGE OF ADDRESS
i If correct on front, do not use. Please print clearly in blue or black ink, in the space provided.
Street Address j Home Phone
Work Phone
....... . ........................ . ... . ....... ...... . . ...... . ...... . ........... . . . ......... . . .... ... . ..... . . . . . ......... . . ............................... . ......... . .. ......... . . ......................... . . . . . ........ . ...... .................................... . ....... . ................... . .......... . ........................
City I Email
F
- 36 %6650
To make changes to your address, email or telephone number, visit Discover.com
Continued on next page
Discover More Card
DISC " VER Account number ending in 6957
Open Date: Nov 1, 2013 - Close Date: Nov 15, 2013
_ _ ..... .
,. Page 3 of 4
CONTACT US
r _...__......- -._...._.. _...._..._..._— ..__._.......__.
Web Mobile AIRL Phone Inquiry 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
l� m.Discover.com UT 84130 IL 60197 -6103
Transactions
Trans. Date Post Date
.. ... --- ............ _ ........... -- .............. . ....... __ ........ __ .._...— ......... __ ....... __ ........... -- ........... _ ........... _ ............................... _.._. ......... __ ......... _- ............................. _- .... ..... _ ......... __ ........... _._ ............ _ ..... _ ....... _ ............ _ ..... _._ ............. _ ........... --- ........ --- .......... _._ ...... ...---- ............ _.....
Fees TOT FEES F OR T HIS PERIOD $ 0.00
Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2013 Totals Year -to -Date
TOTAL FEES CHARGED IN 2013 $ 310.15
TOTAL INTEREST CHARGED IN 2013 S 826.12
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 17.99% 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
30259650'
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
KENNETHE D .... ........... _ ... _ .......__. . ...._ ................
30259650:
VERIFICATION
1J1 s ci
(N) J4(l)
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 unworn 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 �. "t 4
(Signature) -
DB Servicing Corporation servicing affiliate
For Discover Bank
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
et too't
Jody S Smith
Chief Deputy
2{i Ili MAR 12 PM 2 .:
Richard W Stewart CUMBERLAND COU i
Solicitor � PENNSYLVANIA
Discover Bank
vs. Case Number
Kenneth Duncan 2014-1231
SHERIFF'S RETURN OF SERVICE
03/05/2014 12:36 PM - 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 b he Defendant, to
wit: Kenneth Duncan at 135 E. Creek Road, Hopewell Township, Newburg, P' 117 '.
WIL'AM CLINE, DEPUTY
SHERIFF COST: $50.60 SO ANSWERS,
March 07, 2014 RONIV ANDERSON, SHERIFF
C.-}vu h.9(ii`, JSO`-.
DISCOVER BANK
Plaintiff
VS.
KENNETH E DUNCAN JR
TO THE PROTHONTARY:
F!LED- OFFICE'
OF THE PROTHONOTARY
IN THE COURT OF COMMON PLEAS 20144PR 28 PM 1: 52
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION CUMBERLAND COUNTY
PENNSYLVANIA
Civil Action No. 14-1231 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant KENNETH E DUNCAN JR above
named, in the default of an Answer, in the amount of $5378.43 computed as
follows:
Amount claimed in Complaint $5378.43
Less payments / adjustments made $0.00
Attorney's fees $0.00
TOTAL $5378.43
I hereby certify that appropriate Notices of Default, as attached have
been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the
Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ki
William T. Molcza ,47437
30259650 C A Pit SJS
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 7th Ave Ste 1400 Pittsburgh PA 15219-1827
And that the last known address of the Defendant is :
KENNETH E DUNCAN JR
135 E CREEK RD
NEWBURG, PA 17240
CA-IA.5v eel /9t
C#- I/ 51364T
Of-30973
f6/f€ 147/0e/
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
Case No. 14 -1231 CIVIL
KENNETH E DUNCAN JR
Defendant
IMPORTANT NOTICE
TO:
KENNETH E DUNCAN JR
135 E CREEK RD
NEWBURG, PA 17240
Date of Notice:
(')l .J1
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA. 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C. . rmbrodt
P.A.I. '4
D.# 25
N,
Ave
rgh, A
:(41
WELT EINBERG & REIS CO., L.P.A.
436 7t Ste 1400
Pittsb 15219
)
Pho 434 -7955
(41 33$., 130
302 9650 A PIT M4Z
DISCOVER BANK
Plaintiff
VS.
KENNETH E DUNCAN JR
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 14-1231 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, KENNETH E DUNCAN JR 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:
KENNETH E DUNCAN JR
135 E CREEK RD
NEWBURG, PA 17240
Affiant further states that the averments contained herein are true and
correct to the best of Affiant's knowledge, information and belief and that
these averments are made subject to the penalties of 18 Pa C.S.A. Section
4904 relating to unsworn falsification to authorities.
Department of Defense Manpower Data Center
Results as of : Apr-21-2014 08:37:52 AM
SCRA 3.0
Last Name: DUNCAN
First Name: KENNETH
Middle Name:
Active Duty Status As Of: Apr -21 -2014
On Active Duty On Active Duly Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NAt��,'! s �..v*"' '�.s
wi
!:l:•.`.4.. -e. -,4. --,. Not N
NA
/ 1. .. . -. ,t}: �i( {N l -i:. t'vv"iwi... `4..yr yko
This response reflects the Individuatfl aCtive.du status based onthe Active Duty Status Date
The Member or His/Her Unit Wes Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Order Notification End Date
Active Duty Start Dale
Service Component
Active Duty End Date
Status
: -..:> +°.' '` No .'.
`
Service Component
NA
r�l i�A.. w! i...01.
�y
Iii- i*..:.a� � +���.7ryN -e -.•
I f?3 "j
NA
This response reflectswham -tho fndfinduai left activ§ttuty`status=wiihiri 367'days p
th t
Ih &Active O�iy Status Date
The Member or His/Her Unit Wes 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
'+ X tilP._` 'rs_'. ',.„4';'•••••a-_-- .
: -..:> +°.' '` No .'.
`
NA
This response reflects whetherlhe Indivldunf'orhislhe'r untt has recalved eady'tgtr(fcation to report for active duty
c1.
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.
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: C9YFKBFOZO1 C350
DISCOVER BANK
Plaintiff
vs.
KENNETH E DUNCAN JR
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 14 -1231 CIVIL
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the to low1.ng Order of Judgment
was entered against you on 247/4/5/
(xx) Assumpsit Judgment in the amount of $5378.43 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
( ) Arbitratio Award
Prothonotary
KENNETH E DUNCAN JR
135 E CREEK RD
NEWBURG, PA 17240
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. Civil Action No. 14-1231 CIVIL
KENNETH E DUNCAN JR
Defendant(s)
MEMBERS 1ST FCU
Garnishee(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against KENNETH E DUNCAN JR , Defendant
3. against MEMBERS 1ST FCU, , , Garnishee
4. Judgment Amount
Less Payments/credits received
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
purl ett‘n-
Oo mit
SQ. LQ
/03, 7.)
Q (! �1
/6. sRcv
e�y
$5,378.43
$0.00
$49.51
$5,427.94
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
cz?
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
tUf. li&S)))9
R# 36-issa
WWR No. 30259650
tr
rad;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
KENNETH E DUNCAN JR
Defendant(s)
MEMBERS 1ST FCU
Garnishee(s)
No. 14-1231 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. 30259650
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
DISCOVER BANK
Vs.
KENNETH E. DUNCAN, JR.
WRIT OF EXECUTION
(Pa R.C.P. 3252)
NO 14-1231 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against KENNETH E. DUNCAN, JR., 135 E. CREEK ROAD,
NEWBURG, PA 17240 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 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.
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
1
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $5,378.43
Interest $49.51
Attorney's Comm. %
Attorney Paid $199.85
Date: 7/1/14
}
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 7T11 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
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson + ;;, j_
Sheriff i Li f't'� O 1 h O N C_
axe 1 Gatti �ra,�- ; r ,
Jody S Smith ,
Chief Deputy , .., . 4 JUL 14 Ail 10: 4
Richard W Stewart CUMBERLAND COUNTY
Solicitor QF CE�F .HE s�;_��F 4 PENNSYLVANIA
Discover Bank
vs.
Kenneth E Duncan, Jr
Case Number
2014-1231
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.
The writ of execution and notice to defendant was mailed on July 11, 2014 to Ken
E Creek Road, Newburg, PA 17240.
July 14, 2014
(C) CouniySuite Sheriff, Teleosoft, Inc,
th E Duncan Jr at 135
/'fifrirA ,r
CLINE, DEPUTY
SO ANSWERS,
RONNY R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
KENNETH E DUNCAN JR
Defendant(s)
MEMBERS 1ST FCU
Garnishee(s)
Civil Action No. 14-1231 CIVIL
TO: MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013
RE: KENNETH E DUNCAN JR , 135 E CREEK RD, NEWBURG, PA 17240
Suggested Reference No.:
XXX -XX -3616
XXX -XX -
IMPORTANT NOTICES TO GARNISHEE!
RECEIVED
JUL 1 1 20141
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. 30259650
(1)111 4-0
INTERROGATORIES IN ATTACHMENT
RECEIVED
1. At the time you were served or at any subsequent time did you owe the defendant% 413914r
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)? 1140
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?
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. n
WWR No. 30259650
•
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.
no
RECEIVED
JUL 112014
9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these
interrogatories on this institution. n10-
10.
la
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.
No-
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James' Valcko, 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. 30259650
VERIFICATION
RECEIVED
JUL 112014
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 I f lea5,o
(Name)
of (Y a\ s* Fai , garnishee herein,
(Company)
`nc41UGr..f
(Title)
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. 30259650
INTERROGATORIES IN ATTACHMENT 'RECEIVED
1. At the time you were served or at any subsequent time did you owe the defendantW-1y rkcln29t r
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)?
FIC)
l a. If the answer to Interrogatory I 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?
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. 30259650
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.
no
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.
11P-
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.
No_
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James Val cko, 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. 30259650
VERIFICATION
RECEIVED'
JUL 11.2014
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she isrrut,�
(Name)
"f C -n f of ��� -"� 15t. Rj , garnishee herein,
(Title) `U (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. 30259650
INTERROGATORIES IN ATTACHMENT +RECEflFED
1. At the time you were served or at any subsequent time did you owe the defendant�%iiy A -11 40r
lr
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)? C lC)
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 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?
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? Q
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?
f1Q
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? n0
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. 30259650
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.
no
RECEIVED
JUL 112014
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.
(1 \o-
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 Val cko, 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. 30259650
VERIFICATION
RECEIVED
JUL 112014
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
ey'
(Title)
(Name)
of fl x c cIrs st FC) -t , garnishee herein,
(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.
(SIGNATURE)
WWR No. 30259650
INTERROGATORIES IN ATTACHMENT jRECEIVED
1. At the time you were served or at any subsequent time did you owe the defendanti�y rnnZ9 it
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)? `-1Q
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?
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 youwere 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?
nd
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. 30259650
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.
no
RECEIVED
JUL 11 2014
9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these
interrogatories on this institution. n la
10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking
or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this
institution.
n IG --
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�Gt
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 . Val cko, 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. 30259650
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 c"re_reA--)Uziec-C1
(Name)
MOT1 of Me,c,fili)e,t-- F-C.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 of his/her knowledge, information and belief.
WWR No. 30259650
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 # 30259650
C-)
mac'
DISCOVER BANK
Cumberland County cn
vs.
KENNETH E DUNCAN JR
---4
NO. 14-1231 CIVIL
and
MEMBERS 1ST FCU
Court of Common Pleas r4-<cJ
-
Garnishee(s)
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly mark the above matter discontinued and ended as to Garnishee(s), MEMBERS 1ST
FCU, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
JameP V ecko, Esquire
Attorney for Plaintiff
C/)
rn
N)
44.50 PA A71-'1
c# LIS -44g