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14-2420
Supreme Court-of-Pennsylvania WWRN 30273241 C A Pit SJS Court of C m n Pleas ItI !,, 'Cal Civil CoVenSheet ForProOtonotan Use Onh': C UMBERLAND` -� Collnll' Docket No: ..�. . Sao The information collected on this fibrin is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bi: law or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction 103 Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T WILLIAM SMEIGH I C 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 19 No Is this an MDJ Appeal? 13 Yes Ed No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional Buyer Protection Administrative Agencies ❑ Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle PC3 Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E j3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS • Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration • Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 PEWI- 'sYLVANI1 P 7 ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION D• DISCOVER BANK D c4 V l Plaintiff No: I I- VS. COMPLAINT IN CIVIL ACTION WILLIAM SMEIGH 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 (4 12) 434 -7955 FAX: 412- 338 -7130 30273241 C A Pit SJS S /b3 7 Dd a s IN THE COURT OF COMMON.PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No WILLIAM SMEIGH 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 1 BEILMAN CT MECHANICSBURG, PA 17055 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1270. 6. Defendant made use of said credit card and has a current balance due of $17873.43. A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1 ". 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and /or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, WILLIAM SMEIGH, INDIVIDUALLY, in the amount of $17873.43 and costs. William T. Mo czan,47437 WELTMAN, WEI ERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30273241 C A Pit SJS DISC VER Discover More Card .. . m,hc end :na to 1270 Open Dale C)'. 75, 2013. �CIee Dof" """5, 2013 Co'dmrmbar S:nce 1990 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION eo!an�e 517,47506 New Balance 517,873.43 Poy :ne : :t and Credl, — 5000 /a,rnmwn PCy :nen� Due ' 53,IC800 ftn-chases 5000 Farm , Due Dafe Deco:nce. 70, 2013 Beloree Tr nie:s + S000 • I ^eludes poxl doe m ."] of 5268900 Co-h Advacm; + 50 00 Fees Charped _ 5,1500 Late Payment Warning If w da not .re :vr your :a ^ by'he Interest C^arged S363 37 tint, I.a:ed ubo , y«, may h Ic pay o into ten of up Iu 535 00 n ,d ypw Na Bulmtco 517,873 43 P:nchase and balance Urr,,fi r APRs fa, new Imnsoi;hons may ho :nemased up to If,'. Peal, l,PR cl 2924 %va obl. See Inleresl C: Cokulo.:on aecuo, toilsv:,ng the Minimum Payment Warning If you iouc only them pay—M oacn T,anaacr :ona sa 1— for delmled APR.nae rfioa penpd,you If pay more: :r'erord o nd :t 1 Inke You long, 1p pay OFyoue Cmdn Line 515,200 ba!once For cxamp!e Cede I.— Amdobla 5l1 u Y make no crJd�nmmlc?,orgas you vatl, y oR the And you w.11 enJ vu e'J�I Le sang Ihn card oed each —ori bolanae I.- on rhos paving un Comvrad roal Cosh rd , G S 11.500 .a pa obaw a? Cash Advance Credal Lme Aua:ioble s0 Ou y:he mnrnnum. payment a 52 yours 5133,802 You mo,- be pble to ovoid merest - P—hares If you v'ould L4e i,to o4 obout acd t coon ahr"' .1 cos, lorl 1 - 800.347 i 121 sou reve,se for detods REWARDS Conioci Us Discover com 1. 800. 347.2683 Coshback Bonuses Openm08nlanrc 5 000 Pease moLe ch:rak pcycb :e io D�scovar vao o e evad :md New Ca_hbod Bonus Ths Per od - 5 Go 0 Pay 1'ne mm c1 fls 64. mmvm Pny„em Doe P!us tna rer,ammg Reuee This Pero:'. — $ 0 00 oven mu a:ncunt of $2573 43 Cashback Bonus Balance $ 0.00 To leo�n: u,a. ., , at D ove con, .Moke Chxk powbre •o damn NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on 9" pr: F,olmn Wol ' &I'd. c 4 v rr,xn io Fax Parr, nt Payment Coupon Pay Online Pay by P hane Accoanl number e ,-±:ng 1270 se Plea do not loll, dip or Maple 0 Drsaover cant © 1800 347 2G83 Mnm , Paymant Daa 53.108 00 Na +v gcloo- S17,873 43 - Payment Due Date December 20, 2013 WILLIAM WEIGH : ' Amount enclosed 5 1 BF.ILMAN CT MECHANIC58URGPA 17055-5358 PO BOX 71084 CIIARLOTT RAC 28272 -1084 Pl:a a':,d htic•m.:. pe .anent•. nrvv: 6c rw_e:•ei by 5i,V. ET a be •.•d.trd c. e( i;.n .c..,> day - . Address, a-mod ar lelophone rhongad? NO,, 6.11GI, an rr +mru - 00000198 6458201925209178734300502730310 EXHIBIT WILLIAM SMEIGH Acawnl "amber c„d ng m 1270 Open Date On 26, 2DI3 - Close Dn1c Nov 25, 2013 Page 2 of 4 fmpurtantlnfortnation You mussensurelhot wfj:c:erl lungsore avo.iai,ie you, bank caounl, and See your Cordr rdaa,Agree enr.Yom p ym A1 C.nrd m.mber Agreemanl p!ILCnsud!orts , nu. >comFly wrr :US ow can. ail the krms a. :r Al n:romokc r is for (,I l Nesv 9alana•. ! :!? stele!nenl + ,set paym ;tUwmen Lost or stolen cards. Report rmmed:rinlyl Ce9 1.800 -367 -2683. Al;' �num PoYme : Due, i „d blemrnl M,n mum Paymm�! Due nlus n IV„ed What TO Pp 5fafeme Do If Y.. Think You F,nd A Mistake On your nt delta! r•+,wnl, o: i.v1 Oth., dolim amount I! your scneduieJ 'Oche: dollar it Ihn'+, Il :er , • :u' ' : v Iclern¢nl, viols b us ni Dnrave PO Va l' pnY "Hy rs npl enough t cover II,e M r!!num P.Ymer +1 Cue os steel you On, Y.a :'IIX`f :'IY b::hnp sioleme,U, yw: •cMduro prn;ne m nl i Ihcl monfn Bo: fte, t e rro a ppeore y', UT En 130 -Oa2 ert Y wnte . as wdh :n GU „, x ,noansed la cover the ,M,e mum y: r ,j l Due U the ;dsndul dcrvs ohar tu rror pd sfainn on raw .nf ou ,nor coil us, ow If you pcvmrn s greater Ihos il>'; Mum ymenl E).., , m,y excess' w: i oe do we ere trot reau!!.d to ,mresl!pal. my pufenlrol e oral y.0 nny hove oua red !,, ac<ord'+n viol• you: C member Ag reernenl If you! sch¢du eJ pay fF,e nmd,nl ,r+ques! :on The Brg R:e!lts Noire fw!ner expinmsYW: p, o grzprrr tin! +i :'i: New B.lanm pn y wr bill „F; slolerne ^t. Ihul ' ,n rgn+s Pie-.. sea your Ca d,n, m' e: Ag:eemenf o' van vm.n w!! ha pr.m,sed only for thn prraunl of spur New DO— Ywr hiR S !1d rcove! coml6 ghis for a copy of in,s nN'ce evjomalr ppy".0 omour•1 mot be less lion lie e_.',1 md,wled an the Poymenfs. YW mar pov ell o: port Uf your 'C our" Llie, a at an � I— 1,11."q sbtene::t based on cedds or peyrn 11 ,he ;he Close Dole However, you mull pot al :cost the M,n nom Pcymend Due by �avmenl II c by p! r, our n„lomol:c pny,nen! serv!ce, please t II -m the V Dnre SenC only your paymem end the bothm po4,on s tYs statement y ou r� bbnks below nrd , elom she .011.1- on fo: you: records n the en.eloppe p +rose Cher nff,xrta posteye a Is sent with W prep.! ”" 47 aosloge . be' la !•,e sender Do not ," + ; If you all, by h .ce Full Pey M_n Pay W Pny 5 e c..uca, you nu:,.nze us b use nformai,a or rW: <!_•�k to mike an elenrc:v: W o-evfe: F: an roar occount rl the finar:c:r! !rsl:tu!:or. ,::d:coteC Olie-Amount5 Ha R ... ..........__..._.._._.......... on yew check o• 10 process the uoymenr os u M1,eek Iro„scrd :r., If n Pnvmm�l """ " "_ " " " "` steed as nn e!ed,vn,c i„rid l:onsf¢r. Ile I :unnfe• vn I be fw I'ne -M Bonk AccWN �he^.ck ',amen we use ,:dnrmal,or ?um YWr chrak to make M- Y or. the Poyme „1 Due Dole Gore G:4e ele :o=re loop 1: c ale:, I. "Is n:ry be w 1 ,drawn iron, rw, o¢uum as sour. es I.- same dov we recervec a,r peynwrl, end you »:II n.1 receive your Day of '4 li +se,1 dd.j T c -.eu bock Im.n yWr f -an ci ,rs!due.n he p : - c. - ng o' Y<,ur pay ^ may fse delayed :I you nd sash, c.:res Cmdif R poling. We rnev report r,fv:':nel :or: oboe! Yw 4'cU'- 11 la cMd,l a pr of eo rather "ems vin' :: Your payments, d you send V FoYinan: to ary hare• L y: paynenls. :n :ssvJ poymenk, or utr:ee defnuil<_ c:: your Acwui , Thor aJdnss, o, d you use an envcupe od ikon i!,e One provided ^aY be rch:.ecrd ,n your c. i 1 repc We :,ormnl y mporl the sic!us and ynls : ereved :n propelfarm.1 ou prcN.ess!ng loo:!, by 5PM0 1Inns per sr,? hmory of yWr Accuunl to c, ac1,11 111 111 aoe! Ba Pc:ne ll' ilh if ."y dny w,H La crcdrted w va,r AAl,' Al,' a, .1111”! r'ay PoY'neris recx vad YW believe IrUI Um re. 1 :s � w'111 n1e o: ,nc'ui please wr,l¢ us PI Ih s .I cu, processing fnoL•Nahor SPxJocp timew ,e <redned :v roar Accau ri address Drsc.mer, ?OHo. 15316. \Viim :rglrn :, DE 19HSO - 5316 ?I<ense as of IPm- noel doy If you nave mrsploaeJ yaw envel - a, send your pay+neal :nd,,d, your nano, address. home lelep"or:e number and Account .camber b D stover, PO 9 x 6103, Carol 5uepm, IL GO1V7 6703 Please of�.ry 7 10 fur rla,vc If y n:Y:n :s , elu: Wert unpn:d,wc ievrve 1f,n .,g ht Io Po Yr ^g Your our dote dale .1 o1 ecel 25 doys oher the clo l se cl• _ r sub d A cs a ctetlron :c deb'I P.y,,enls mode On rn. O' by phone via: be b4!,:,q p� =noel (ol ernt 23 drys b: i,i(::,y .rrnrJs Ihul ;raj n :n Fcbr u.:: yt We d t.J ps of Ins day of ,ec.,pt ,f :nude by 5 ?M En=_uam I :ro¢ not chage W r y .ny rnferesl n Purchoses'f you y your enl,.v bolo =m hy due dole cool: n-lh W w II'negm <hc,g!ng ,nle :esl on CcsF. YW vin ocy yw! „',onrf:ly A4n man: pevmprn Duo, a� n g Bier crown! loot A:{vu ces c: d Bu n, ¢e Tra, ien os u! llv!clr: ul the Tr"n 0:un Dote c the deer not Bused yW! cur rent Acc m Wit,-e. eve, I- ele i-e {' :a! d o! Ik b Ilan+ per, J wh :cF :the !•er :cad,ar posicd I. vWr Account the Pat_ "I 0_ Dctc setup ou,vrncnic pay ^ fl fhrou,,L• o 110'e' se: + :cr :epreseNnl :v. by colhng 1.800- 347.2683 Aubmni:c pcvn,.nis fo: r,e 6:U ng penczi shown Haw We Calaulme Interest Chorges. we Use the Dcdy Balance Meg,od on you, slcle m w!!1 be deeuc!ed on shown an Ite, I,nc!ud g cu enl 1!vnsncl :onvl b c use the Hu n,ce Sub la I "'d stelcr. en!, o: !M next c :ulon, ire pnYn'e. - dale rulerrcd loon your s1,Demen!, ale Feu mecca nlon"'W" I> ease null ur cl 1- 800 - 3d7 2683 ssYw repue. :l a ,soul rnlg pc r e, l g , ih¢ 15' Jay of the r,wninl ' I. M Deco, s bebm you. Pny:n. nl Due Dafe or Close Dole It you, sc doled Balance Sub act fa Interest Rote. Yar: tc4en,er snows o Bule^a� Sullect Gpymf „ I dnk i0i 3 an n weekend ar i >ank +d,doy, yaar porm¢'rl w! I be to s Interest RO+e h siswa Ih , far sac'+ Iroopsayqri m The Bol c, dov pr to the weekend or t.a ^k noi:dey I:: o :der!o ub,ed 10 In+ e,esl Raj: I s th n v ,,e o f h,e dc, y be e s d 9 unng the ti�! r. ,chea`k ,o ..Ih!r Pcymanl. by leleptl ^,, wu colt :mod 4vs slclen,enl anJ per,of Y bank aaoml ,n.o mofron You sal a. asked to pwv:le tie Intl four (4j Credit & 1....s. If your Acauni has a cr.d'I bclnr<¢. the omounl s show,• 612 of the scm,o ,¢cv Il number of th,! nr!mnry bo ro,wn Be p:o en the hone of your Wfing sloleme^t A credd be!enc¢ r =money plat n owed !n,pse numbers es roar c�edron,c s,grafure, y »,il >;e agree,np to Ih:s ip you y_ rnc:r' mcxe charges pgo,r.:l I!,:s o,n W „I f yW A,'wunl ,s' Uper cui h.n :plan 10 allow ra and yW acnk to deduct errh oovmenf you we well 6 ' n refund of pnr mmo:nnq bnlm,ae of 51 DO pr more chef a Ihm rte, , the omounl sefe<ted by you. bom your honk nccounl Ya, also 6 ;Ihs. or cs olberwne rnnurted b,' opal cnhle I. pr upon mquesl :Wade cull'.":.us ate deb!I.re'..,i -In., la tour honk 11, c count, e s I. Ill'` Ins Cor -lad Us cocker. an p.g. 3 of y'W, b,ll,ny stal.rx1 eed :cobie, to <err,,t cn error n � the proccss,rp of such poyme',I Y_ can V led poymeni ae ph.one 01 1.80!7 - 3.17 ".683 or by marl et Wonca Transfers. S, e Tro:•sfe :s n!e aherc -rl cl our d :screba, r.:nd r, PO Bo. 30421, 5"11 �rka GI,, UT 8413D•0421,howev.r, we muss cc crue : -1e ,1 ni the 0.o Id far hose ,ale unless we tell you piherw se - ve nohc¢ of !cast lhrae bus,.ness Gays ,n rdv re of lh¢ schadu!ed D s<ove, m.y mordor old/.' record le!ephone cols lbe ecen you and menl h yw, ..Y,•enls m., y ,n amount, w'e w II tell you on etch D stove: repmsen +es for gue! :H ossurence pu,pases fn!y Gill 2 slclemenl vmen'u,” Payne ^.t will be mode nr� how moon :l w01 be TLe D:scvve w'. acid n issued by Dsao• Berk, Member FDIC. TL23N CHANGE OF ADDRESS If anted on irons, d. not use P eose pr cleedy In bWe or block ink, .n fns specs orov,ded 51 :set Adn :ss Home Phone Wet: Phone ` y Eno I State. Z,e 7o make changes to your address, emad or telephone number, visit D*Cover can) ��$C VER Discover More Card Account oombn c,d c v, 1270 Ope Dme Oct 26, 2013 • Cla:e Dole Noy 25, 7013 Paae 3 of 4 CONTACT US _ Wrb Mobde Pbone Inquny r•>o:l P om,anrs Q geress your ,V,o,•oge your 1- 800DISCOVCR ® Drscoyer D:sco�er curt seo,rely .. cm +I onll:mc. 1.800- 3.17.2683) PO Box 30943 PO Boa 6 al Drsce•er com - -he:e of TDD 1- B00.347 -7449 Su Loke GIy Cmal 5!reon, m D:zcowe: <om UT 64130 1.. 601 97-6103 Transactions Trans. Dole Post Dote - Fees N- 20 No.- 20 LATE rEE S 3500 TOTAL FEES FOR THIS PERIOD 3500 Interest Charged INTEREST CHARGE ON PURCHASES S 36337 INTEREST CHARGE ON CASH ADVANCES 000 [NIT-REST CHAR ^.E ON BALANCE TRANSFERS 0 00 TOTAL INTEREST FOR THi5 PERIOD 36337 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 5 28000 TOTAL INTEREST CHARGED IN 2013 5 3,58903 Interest Charge Calculation Your Annuol Per—loge R —(APR) �s Ihcannuol,Merril rok an y— orC-1 Current 3:1img Penod 31 cloys ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 21244E V S17,65075 536337 Cash A&..,— 779976 5000 S000 V =Ver 66 R.I. Information For You For mo:e :cfermouon about now :nle•asl Chor ^ o re co:CUl ^•led see your Co:d,namb- Ag, —er4 0• go Ic w.w d scorn: cc-m.1 —00.—s NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION WILLIAM SMEIGH Acraanl oumher cnd .g 127C Ox�. Dale Oo 26, 2DI3 - Clo.a Dale Nw 25, 2013 ?ega 4 o1 4 VERIFICATION / J - , (Name) (Title) of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks sufficient knowledge or information to verify this complaint. He /she verifies that he /she is authorized to make this verification. As an employee of DB Servicing Corporation, he /she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing complaint are true and correct to the best of his/her knowledge and information and that he /she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. It is further stated that Discover Bank and DB Servicing Corporation extend credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank, including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Se rv' s. Dat ( e) WILLIAM SMEiGH DB Servicing Corporation servicing affiliate XXXXXXXXXXXX12 7 0 For Discover Bank WWR# .30273241 C A. Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 01-TtcE OF P€ V4 RIPF r=!LED-QFHCE. THE PROTHONO FAR'; 2O MAY -I A H.: 1 D CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. William Smeigh Case Number 2014-2420 SHERIFF'S RETURN OF SERVICE 04/25/2014 08:30 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 themsely- o be the Defendant, to wit: William Smeigh at 1 Beilman Court, Upper Allen Township, Mechanicsb ILLIAM CLINE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, April 28, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF Sean Patrick Quinlan QUINLAN LAW OFFICE 3618 N 6"' Street Harrisburg PA 17110 717 724-7503 spgesq@hotmail.com Supreme Court ID: 86858 RC 1 Hrit' 201411,411 12 At711. Q CUMBERLANDr PENNSYLVANIAN)`'' Discover Bank, Commonwealth of Pennsylvania Plaintiff Vs. Cumberland County William Smeigh, Defendant Docket No.: 14-2420 (Civil) DEFENDANTS' UNOPPOSED MOTION FOREXTENSION OF TIME TO RESPOND TO COMPLAINT Defendant, by and through his undersigned counsel, hereby respectfully request an extension of time of thirty (30) days to respond to Plaintiffs' Complaint. Counsel for Defendants has consulted with Counsel for Plaintiffs who has consented to the relief requested herein. In support of their motion, Defendants state as follows: 1. On April 21, 2014, Plaintiffs filed their Complaint in this case. 2. Under the Pennsylvania Rules of Civil Procedure, Defendants' response to the Complaint would be due on or about May 12, 2014. 3. On May 7, 2014, Sean Patrick Quinlan, Counsel for Defendants, conferred with William T. Molczan, Counsel for Plaintiffs, regarding the timing of Defendants' response to the above -captioned case. Counsel for Plaintiffs consented to Defendants' request to enlarge the time for filing the response by thirty (30) days, which would make the new deadline June 12, 2014. 4. The relief requested herein is for good cause and will not result in undue delay in the administration of this case. An enlargement of time for filing Defendants' response is necessary due to Defendants' Counsel's workload and trial schedule. 5. No other enlargements of time have been previously requested in this case. No dates have been set for a pre-trial conference or trial. IN WITNESS WHEREOF, Defendants respectfully move that the Court extend the time for responding to Plaintiffs' Complaint to June 12, 2014. Sean Patrick Quinlan QUINLAN LAW OFFICE 3618 N 6'1' Street Harrisburg PA 17110 717 724-7503 Supreme Court ID: 86858 Discover BankCommonwealth of Pennsylvania Plaintiff Vs. Cumberland County William Smeigh, Defendant Docket No.: 14-2420 (Civil) CERTIFICATE OF SERVICE I hereby certify that on August 7, 2007 I served Defendant's Unopposed Motion For Extension Of Time To Respond To Complaint on Plaintiffs via regular mail at the name and address set forth below. William T. Molczan Weltman, Weinberg & Reis, Co., LPA 4]67th Ave, Ste 14O0 Pittsburg PA 15219-1827 Dated: May 12, 2014 uinlan QUINLAN GROUP, LC Attorne or Plaintiff 3S18N6th Street Harrisburg PA 17110 717 724-7503 Supreme Court ID: 86858 Dated: May 12, 2014 Respectfully submitted, QUINLAN L = GROUP, LLC Attorney for Plaintiff 3618 N 6th Street Harrisburg PA 17110 717 724-7503 Supreme Court ID: 86858 Discover Bank, Commonwealth of Pennsylvania Plaintiff Vs. Cumberland County William Smeigh, Defendant Docket No.: 14-2420 (Civil) PROPOSED ORDER Application having been made by Defendant, William Smeigh, with proof having' been made to the satisfaction of the Court, and good cause appearing therefore: IT IS HEREBY ORDERED the extension for time to file an answer is GRANTED. IT IS HEREBY ORDERED THAT: The Court allows a 30 -day extension of time to Defendant to file an answer. DATED: C oI,€'r%' Lt., 4621A0 sp.& -z0/9 i DISCOVER BANK Plaintiff vs. WILLIAM SMEIGH TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ♦ 4 /�., i__! -X7,.44 I �'f •_) 20111 J1',` 18 4;111: C P` NNS,}'� At°U"r'� Civil Action No. 14-2420 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant WILLIAM SMEIGH above named, in the default of an Answer, in the amount of $17873.43 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $17873.43 $0.00 $0.00 $17873.43 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. 30273241 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 : WILLIAM SMEIGH 1 BEILMAN CT MECHANICSBURG, PA 17055 s' Ile Ik,g4 307 va& ie# IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION DISCOVER BANK Plaintiff vs. WILLIAM SMEIGH Defendant TO: WILLIAM SMEIGH 1 BEILMAN CT MECHANICSBURG, PA Date of Notice: Case No. 14-2420 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 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: Matt 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 30273241 A PIT M4Z DISCOVER BANK Plaintiff vs. WILLIAM SMEIGH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-2420 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, WILLIAM SMEIGH is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: WILLIAM SMEIGH 1 BEILMAN CT 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. Department of Defense Manpower Data Center Results as of : Jun -11-2014 07:58:58 AM SCRA 3.0 Status Report Pursuant to Sery cemem'bers Civil Relief Act Last Name: SMEIGH First Name: WILLIAM Middle Name: Active Duty Status As Of: Jun -11-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the tndMduals',active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date I Status Service Component NA NA 1 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 Duly 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. 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(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 Dale 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: NAA32448E0B4610 DISCOVER BANK Plaintiff vs. WILLIAM SMEIGH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-2420 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the followpng Order of Judgment was entered against you on 1p1,2 14 (xx) Assumpsit Judgment in the amount of $17873.43 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 ( ) Arbitration Award Prothonotary By: PROTHONOTARY (OR JTY) WILLIAM SMEIGH 1 BEILMAN CT 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 DISCOVER BANK Plaintiff vs. WILLIAM SMEIGH Defendant(s) Civil Action No. 14-2420 CIVIL ir „' �M&n �� , Y1n ech . I \ l osS -o a G -0 r� cn rn vo W �, � PA u CORNERSTONE FCUCwt c � S• . Q . u , X ""”' V S�Q � 2v �' _ S Garnishee(s) iA0 Gy p PRAECIPE FOR WRIT OF EXECUTION MEMBERS 1ST FCU , l < < S(x �r1 r p a� T c\ TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against WILLIAM SMEIGH , Defendant 3. against MEMBERS 1ST FCU, CORNERSTONE FCU, , Garnishee 4. Judgment Amount $ Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): awa SDot .00 pa a 361. e'er 103.-K 1, " 1 Soy )06,55 $17,873.43 $0.00 $102.84 $17,976.27 WELTMAN, WEINBERG & REIS CO., L.P.A. By: James ' V.,lecko, Esquire PA I.D. #79 96 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 76 Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 bC,lt llikS6t/S WWR No. 30273241 �c rAlect'cincl' l�' jUft-1 Orfr1` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WILLIAM SMEIGH Defendant(s) MEMBERS 1ST FCU CORNERSTONE FCU Garnishee(s) No. 14-2420 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 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30273241 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 DISCOVER BANK Vs. WILLIAM SMEIGH WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-2420 Civil Term CIVIL ACTION — LAW 'TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against WILLIAM SMEIGH, 1 BEILMAN COURT, 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 MEMBERS 1sT FCU, GARNISHEE(S), as garnishee, 1711 SPRING ROAD, CARLISLE, PA 17013 CORNERSTONE FCU, 5 EAST GATE DRIVE, P.O. BOX 1181, CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession. of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $17,873.43 Plaintiff Paid Interest $102.84 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Other Costs Attorney Paid $188.55 Date: 7/28/14 David D. Buell, Prothonotary REQUESTING PARTY: Name : JAMES P. VALECKO, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7TH AVENUE, SUITE 2500 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 61 CllthfitP/err .Ot=.FiCE OF THE SERIFF Discover Bank vs. William Smeigh Case Number 2014-2420 SHERIFF'S RETURN OF SERVICE 07/30/2014 01:15 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Cornerstone Federal Credit Union, 5 Eastgate Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Bahira Omerovic, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him/her. August 01, 2014 (c) CountySuite Sheriff, Teleosoit. Inc. LI E, DEPUTY SO ANSWERS, RONR ANDERSON, SHERIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'TI O-O;f--.f=IC:. T THE PROTHONO AR 20IL AUG -4 AM It: 33 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF TNw SRERIFF Discover Bank vs. William Smeigh Case Number 2014-2420 SHERIFF'S RETURN OF SERVICE 07/30/2014 01:30 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Meg Beaston, Member Sevices 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 August 1, 2014 to William Smeigh at 1 Beilman Court, Mechanicsburg, PA 17055. August 01, 2014 (ci CountySuite Sheriff, Teleosofi, Inc. ILLIAM CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WILLIAM SMEIGH Defendant(s) MEMBERS 1ST FCU CORNERSTONE FCU Garnishee(s) Civil Action No. 14-2420 CIVIL TO: MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 CORNERSTONE FCU, 5 EAST GATE DR, PO BOX 1181, CARLISLE, PA 17013 RE: WILLIAM SMEIGH , 1 BEILMAN CT, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX -XX -0492 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! RECEIVED AUG 012014 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. 30273241 INTERROGATORIES IN ATTACHMENT RECEIVE© AUG 01 2014 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? la. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? Oo 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? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? +AC7 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. �..r1"•O\k & -1V\ ci-ccok)-K 44 Is` 2,1D WWR No. 30273241 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? 1�© 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. lecko, Esquire PA I.D. #7 596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7`h Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 RECEIVED AUG 01 204 WWR No. 30273241 ti VERIFICATION RECEIVE, AUG 01 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 1--varc, (Name) c�rl- ( itle) of ('C"\e_p�S \`'-1/4 VC\ 1 , 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. WWR No. 30273241 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 # 30273241 `_IF THE PF OTHQNOJ;J 1 2 !1 AUG 22 NI 12: 3 CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK Cumberland County Court of Common Pleas vs. WILLIAM SMEIGH and CORNERSTONE FCU AND MEMBERS 1ST FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION NO. 14-2420 CIVIL TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), CORNERSTONE FCU AND MEMBERS 1ST FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James P alecko, Esquire Attome for Plaintiff dq.50 PA ATP/ el 117 uL5'I eff8Iai(19