HomeMy WebLinkAbout05-5044IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: OS -S04( vs.
COMPLAINT IN CIVIL ACTION
LESLIE E MCCURDY
AKA LESLIE MCCURDY
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 2718
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
04468990 C A Pit WLG
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LESLIE E MCCURDY
Defendant
Civil Action No Off- •-5byY
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, is a corporation with offices at 3311 MILL MEADOW DR.
HILLIARD , OH 43026
2. Defendant is adult individual(s) residing at the address listed
below:
LESLIE E MCCURDY
100 S FILBERT ST APT D1
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 6011002500177159 . A copy of
Plaintiff's Statement of Account s attached hereto, marked as Exhibit
"A" and made a part hereof.
4. Defendant made use of said credit card and currently has a balance
due and owing to Plaintiff, as of September 15, 2005 , in the amount
of $5523.17
5. Defendant is in default by failing to make payments when due.
6. Plaintiff avers that the Agreement between the parties provides
that Defendant will pay Plaintiff's attorneys' fees.
7. Plaintiff avers that such attorneys' fees will amount to $1000.00
8. Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for Judgment in its favor and
against Defendant , LESLIE E MCCURDY INDIVIDUALLY , in the amount of
$5523.17 with interest at the legal rate of 6.000% per annum from date
of judgment plus attorneys' fees of $1000.00 , and costs.
Jame C. Wafmbrodt,42524
fEL , WEINBERG & REIS CO., L .P.A.
enth Avenue, Suite 2718
rgh, PA 15219
34-7955
2-338-7130
0 C A Pit WLG
This law firm is a debt collector 4ttempting to collect this debt for
our client and any information obtained will be used for that purpose.
August 30, 2005 i
31 SDSN6A01 0009180
LESLIE MCCURDY
100 S FILBERT ST APT D1
MECHANICSBURG PA 17055-6554
Address or telephone change? Please print change in the space above,
or go to Discovercard.com.
SAVE TODAY! Call 1-866-694-5727 to
transfer your higher-rate balances to your
DiscoverO Card or visit Discovercard.com.
PO BOX 15251 Ill?rrllr????llnnllrllu)
WILMINGTON DE 19886-5251
ixxxllixixxlxxlxlxxfx?llxxxlxixxxixixlxixxxxlixixlxxxxlilxlxxl
000006011002500177159000000000000000097000
Discover Card Account Summary Closing Date: July 31, 2005 page 1 of 2
previous balance $5,523.17
account number 6011 0025 0017 7159 payments and credits - 5,523.17
payment due date August 30, 2005 purchases + 0.00
Minimum payment due $970.00 cash advances + 0.00
credit limit $2,000.00
credit available $-3,523.00 balance transfers + 0.00
cash credit limit $1,000.00 FINANCE CHARGES + 0.00
c';ash credit available $0.00 new balance = $0.00
(EXHIBIT
---- ----------
Cashback Bonus® Cashback Bonus@ Anniversary Date: February 17
Previous Cashback Bonus Award Balance $ 0.00
Purchase Award This Period + 0.00
Cashback Bonus Award Total 0.00
Redemptions This Period - 0.00
Cashback Bonus Award Balance 0.00
Award Available to Redeem $ 0.00
ransactions
trans. post
date date
Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $ -5,523.17
Average
Daily Nominal
ANNUAL ANNUAL
Periodic Transaction
Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 14 days
Purchases $0 0.06025% 21.99% V 21.99% $0 none
Gash Advances $0 0.06025% 21.99% V 21.99% $0 $0
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Verification
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating
To unsworn falsifications to authorities, that he/she is Robert Adkins
Accounts Manger of Discover Bank, Plaintiff herein, that he/she is duly authorized to make
this verification, and that the facts set forth in the foregoing Complaint are true and correct to
the best of his/her knowledge, information and belief.
Signature
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
LESLIE E. MCCURDY AKA
LESLIE MCCURDY
Defendant
yincnvn??cn?r
. O.:
STIPULATION OF THE PARTIES FOR
PAYMENT AND FOR THE ENTRY OF
JUDGMENT BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
TFIIS PARTY:
Benjamin R. Bibler
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
W W R#04468990
,.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LESLIE E. MCCURDY AKA
LESLIE MCCURDY
Defendant
Civil Action No.: 2005CV4235CV
STIPULATION OF THE. PARTIES FOR PAYMENT
AND FOR THE ENTRY OF JUDGMENT BY CONSENT
TO 1 IIE PROI HONO'I ARY:
Kindly enter Judgment in favor of Plaintiff and against the Defendant, Leslie E. McCurdy, above-named, in
the amount of $6523.17 pursuant to the Stipulation of the Parties for Payment and for the Entry of.ludgment by
Consent, as follows:
Defendant admits indebtedness to Plaintiff in the amount of $5523.17 with continuing interest thereon
at a rate of 6% per annum from date ofjudgment, plus attorneys' fees in the amount of $1000.00 and costs.
2. To secure the repayment of said indebtcdness. Defendant agrees that.ludgment oy Consent will be
entered in favor of the Plaintiff and against the Defendant, Leslie E. McCurdy, in the amount of $5523.17 plus
continuing interest thereon at the rate of 6% per annum from date of judgment, plus attorneys' fees in the amount of
$1000.00 and costs.
3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff
the following payments in full by 12:00 NOON on the following dates:
(a) $275.00 due by December 31,2005:
(b) no less than $275.00 per month due on the last day of each consecutive month thereafter until the
Judgment amount plus accrued interest and costs are paid in full.
4. All payments are to be made payable to the order of "Discover Bank"
5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg &
Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219.
6. In the event of default, each payment received shall be first attributed to costs, interest and then to
principal.
7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of
Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff
shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full
balance of the Judgment entered hereunder plus appropriate additional interest and costs.
8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a
waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation
which the parties agree is final and complete.
c'
9. Intending to be legally bound, the parties set their hands and seals this L- day of
20t<-.
WELTMAN WEINBERG & REIS CO., L.P.A.
By:
B%jamin R. Bibler
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#04468990
By:
Defendant, Leslie E. M irdy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff,
vs. Civil Action No.: 2005CV4235CV
LESLIE L. MCCURDY AKA
LESLIE MCCURDY
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on
(xx) Assumpsit Judgment in the amount
of $6523.17 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'7udgment of
( ) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
( ) Award
(XX) By Consent
Prothonotary
Leslie E Mccurdy - Aka
100 S Filbert St Apt Dl
Meehaniesburg,Pa 17055
By:
PROTHONOTARY (OR DEPUTY)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
MCCURDY LESLIE E AKA LESLIE MC
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MCCURDY LESLIE E AKA LESLIE MCCURDY the
DEFENDANT
at 2005:00 HOURS, on the 27th day of September, 2005
at 100 S FILBERT STREET
APT D1
MECHANICSBURG, PA 17055 by handing to
LESLIE MCCURDY
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.00
Affidavit .00
Surcharge 10.00
.00
36.00
Sworn and Subscribed to before
me this a y day of
?(o A. D.
Pr nota
So Answers:
R. Thomas Kline
09/28/2005
WELTMAN WEINBERGq REIS
By: ?jd .
DDeputy Sheriff
w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LESLIE E MCCURDY
Defendant
SOVEREIGN BANK,
Garnishee,
No. 05-5044CIVIL
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. 447437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04468990
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LESLIE E MCCURDY
Defendant
SOVEREIGN BANK,
Garnishee
TO THE PROTHONOTARY:
Civil Action No. 05-5044CIVIL
PRAECIPE FOR WRIT OF EXECUTION
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against LESLIE E MCCURDY, Defendant, wo s. fiiber+3+, Apt &-I , McCIl nioabu%, PA 1171)5.1-
3. against SOVEREIGN BANK, Garnishee , 75 2irnmernsaa br , Ca^p 90, PA 1-70 N
4. Judgment Amount $ ? 57; :,
Interest
Costs • IQ-1. IS ?.
SUBTOTAL:
Costs (to be added by Prothonotary):
$ 324.24
$ /0040.
$ 1897.41
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, Esf'uire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04468990
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CX)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5044 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From LESLIE E. MCCURDY,100 S. Filbert St, Apt. B-1, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
SOVEREIGN BANK, 75 Zimmerman Dr., Camp Hill, PA 17011
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $573.17
Interest $324.24
Atty's Comm %
Atty Paid $127.50
Plaintiff Paid
Date: 10-25-07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs $1,000.00 Attorney Fees
41,0* k "Ma
C is R. Long, Prothon ry
By: ??e6ln - e. 4-?-' t' "
Deputy
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO, LPA
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 47437
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-05044 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
MCCURDY LESLIE E AKA LESLIE MC
And now MICHAEL BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0012:20 Hours, on the 29th day of October , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
MCCURDY LESLIE E AKA LESLIE MCCURDY in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 3556 GETTYSBURG ROAD
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
NICK SMITH (CUSTOMER SERVICE MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
true
and made
So answers:
.00 ?
.00 0"?'+C
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
. o o V -7
10/30/2007
before me this day of
A.D
By ;/ Azz",Czzc?
Deputy Sheriff
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
LESLIE E MCCURDY
Defendant
and
SOVEREIGN BANK
Garnishee
Civil Action No.: 05-5044CIVIL
TO: SOVEREIGN BANK Suggested Reference No.: XXX-XX-7023
75 ZIMMERMAN DRIVE
CAMP HILL, PA 17011
RE: LESLIE E MCCURDY
100 S FILBERT ST APT D1
MECHANICSBURG,PA 17055
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
!11 r
INTERROGATORIES IN ATTACHMENT
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason?
No
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.
Yes-See Attached
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 entity electronically depositing those funds on a recurring
basis.
No
o . ) •
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-See Attached
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, Esq i
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04468990
• 1 r •
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is Timothy J. Cooney
(Name)
C.O.P. Team Leader of Sovereign Bank
(Title)
(Company)
garnishee herein,
that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief.
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ANSWERS TO INTERROGATORIES
Account # 1681787717 Balance: $2,506.89
After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this
acount is $2,206.89
Account Holder: Leslie E McCurdy
100 S Filbert St D1
Mechanicsburg, PA 17055
VERIFICATION
I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the
information contained in the foregoing Answers to Interrogatories in Attachment are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094,
relating to unsworn falsification to authorities.
Sovereign Bank
By:
Timothy J. Cooney
C.O.P. Team Leader
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
Discover Bank
VS.
Leslie E McCurdy
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner
indicated below:
Service by first class mail addressed as follows:
William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Service by certified mail addressed as follows:
Leslie E McCurdy
100 S Filbert St D1
Mechanicsburg, PA 17055
9koel
Timothy J. Cooney
C.O.P. Team Leader
Sovereign Bank
MA1 M63-02-10
2 Morrisey Boulevard
Boston, MA 02125
November 13, 2007
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Vs.
LESLIE E MCCURDY
Defendant
SOVEREIGN BANK
Garnishee
No. 05-5044CIVIL
PRAECIPE FOR JUDGMENT AGAINST
GARNISHEE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molezan, Esquire
PA I.D. 447437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04468990
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 05-5044CIVIL
LESLIE E MCCURDY
Defendant
SOVEREIGN BANK
Garnishee
PRAECIPE FOR JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Kindly enter Judgment against the Garnishee, SOVEREIGN BANK, in the amount of $1897.41, which is
the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in
answers to Interrogatories.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By.
William T. Molczan, Esquir
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04468990
I hereby certify that the address of the Plaintiff is:
c/o Wellman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219
And that the last known address of the Garnishee is: 75 Zimmerman Drive, Camp Hill, Pennsylvania 17011
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
LESLIE E MCCURDY
Defendant
and
SOVEREIGN BANK
Garnishee
Civil Action No.: 05-5044CIVIL
TO: SOVEREIGN BANK Suggested Reference No.: XXX-XX-7023
75 ZIMMERMAN DRIVE
CAMP HILL, PA 17011
RE: LESLIE E MCCURDY
100 S FILBERT ST APT DI
MECHANICSBURG,PA 17055
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
INTERROGATORIES IN ATTACHMENT
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason?
No
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.
Yes-See Attached
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 entity electronically depositing those funds on a recurring
basis.
No
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-See Attached
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan, Esq i
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR404468990
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unworn falsifications to authorities, that he/she is Timothy J. Cooney
(Name)
C.O.P. Team Leader
(Title)
of Sovereign Bank , 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.
IGP(ATURE)
ANSWERS TO INTERROGATORIES
Account # 1681787717 Balance: $2,506.89
After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this
acount is $2,206.89
Account Holder: Leslie E McCurdy
100 S Filbert St D1
Mechanicsburg, PA 17055
VERIFICATION
I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the
information contained in the foregoing Answers to Interrogatories in Attachment are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094,
relating to unsworn falsification to authorities.
Sovereign Bank
By:
Timothy J. Cooney
C.O.P. Team Leader
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
Discover Bank
VS.
Leslie E McCurdy
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner
indicated below:
Service by first class mail addressed as follows:
William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building 436 Seventh Avenue
Pittsburgh, PA 15219
Service by certified mail addressed as follows:
Leslie E McCurdy
100 S Filbert St 131
Mechanicsburg, PA 17055
94??
Timothy J. Cooney
C.O.P. Team Leader
Sovereign Bank
MA1 MB3-02-10
2 Morrisey Boulevard
Boston, MA 02125
November 13, 2007
Sovereign Bank
Court Ordered Processing - MAl-MB3-02-10 - P. O. Box 841005 - Boston, MA 02284
November 13, 2007
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
Prothonotary's Office
1 Courthouse Square
Carlise, PA 17013
RE: Discover Bank
vs.
Leslie E McCurdy
No.: 05-5044 Civil
Dear Sir/Madam:
Enclosed are Sovereign Bank's Answers to Interrogatories in Attachment and an
original and one copy of a Certificate of Service. Please file the originals in your office
and return the Time-stamped copy of the Certificate of Service in the enclosed return
envelope. By copy of this letter we are serving those parties listed on the Certificate of
Service with a set of Answers. We are also serving the Defendant with a copy of the
Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order, and Claim
for Exemption.
Very trul yours,
Timoth PJCooney
C.O.P. Team Leader
Court Ordered Processing
Phone: 617-533-1789
Fax: 617-533-1188
Enclosures
pc: William T. Molczan, Esquire (w/enclosures)
Leslie E McCurdy (w/enclosures, certified mail)
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
LESLIE E MCCURDY
Defendant
SOVEREIGN BANK
Garnishee
SOVEREIGN BANK
75 Zimmerman Drive
Camp Hill, Pennsylvania 17011
Civil Action No. 05-5044CIVIL
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
( ) Defendant
(xx) Garnishee
You are hereby notified that the
following Order or Judgment was
entered against you on /,I Aff/07-
(xx) Assumpsit Judgment in the amount
of $1897.41 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
( ) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By: Pi-,Ij i_,? - I.. . ". -
OTHONOTARY (OR PUTY)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
LESLIE E MCCURDY
Defendant
No. 05-5044CIVIL
PRAECIPE FOR SATISFACTION OF
JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA. I. D.#47437
WELTMAN, WEINBERG 8, REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04468990
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 05-5044CIVIL
LESLIE E MCCURDY
Defendant
PRAECIPE FOR SATISFACTION OF JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned
Judgment.
Sworn to and subscribed
before me this
day of January, 08
N ARY PU IC
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: " _Tt?b?/
William T. Molczan, E uire
PA. I. D.#47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #04468990
f ;T
00
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
So Ads ers
Q\
R. Thomas Kline, Sheriff
0
By? -?
sin ?G(
CIS' `s? `9
?- aj 3l?O.S
18.00
1.81
.50
2.00
10.56
30.00
20.00
Advance Costs: 150.00
Sheriff's Costs 91.87
58.13
Refunded on 07/29/08
A
It
Cam.
G=
9.00
91.87 Z/ 131 D$
WRIT OF EXECUTION and/or ATTACHMENT
'COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5044 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From LESLIE E. MCCURDY, 100 S. Filbert St, Apt. B-1, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
SOVEREIGN BANK, 75 Zimmerman Dr., Camp Hill, PA 17011
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $573.17
Interest $324.24
Atty's Comm %
Atty Paid $127.50
Plaintiff Paid
Date: 10-25-07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs $1,000.00 Attorney Fees
C is R. Long, Prothono
By: _ 9
Deputy
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO, LPA
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412434-7955
Supreme Court ID No. 47437