HomeMy WebLinkAbout05-5693IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH
Defendant
No: d5 - S03
l?lUtC ?cr.IL?
COMPLAINT IN CIVIL ACTION
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
04543095 C A Pit WLG
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
SANDRA KAY NEIDIGH
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, 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:
SANDRA KAY NEIDIGH
5 MC DERMOND RD
NEWVILLE, PA 17241
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 6011298685399291 . 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 October 24, 2005 , in the amount of
$2774.23 .
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 $500.00
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 , SANDRA KAY NEIDIGH individually , in the amount
of $2774.23 with interest at the legal rate of 6.000% per annum from
date of judgment plus attorneys' fees of $500.00 , and costs.
James Warmbrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 ev nth Avenue, Suite 2718
Pi s rgh, PA 15219
( 2 434-7955
IJAX/ 412-338-7130
43095 C A Pit WLG
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
CARD
31 SDSN6A01 0010118
SANDRA NEIDIGH
5 MC DERMOND RD
NEWVILLE PA 17241-9776
aers.uu
payment due date
September 29, 2005
Address or telephone change? Please print change in the space above,
ergo to Uscovercamcom.
enter amount enclosed below
SAVE TODAY! Call 1-877-353-0989 to
transfer your higher-rate balances to your
Discover® Card or visit Discovercard.com
PO BOX 15251 111 11111111
WILMINGTON DE 19886-5251
11 .11111..1.tI Irrl I I 1 .111111J.IIIfit" I[Ill tl„ttill,IuI
000006011298685399291000000000000000047900
Discover Card Account Summary
Closing Date: August 31, 2005 page 1 of 1
account number 6011 2986 8539 9291
payment due date September 29, 2005
minimum payment due $479.00
credit limit $2,000.00
credit available $-774.00
cash credit limit $500.00
cash credit available $0.00
Cashback Bonus®
previous balance $2,774.23
payments and credits
` - 2,774.23
purchases + 0.00
cash advances + 0.00
balance transfers + 0.00
FINANCE CHARGES
+ 0.00
new balance
Cashbacic Bonus® Anniversary Date: November 26
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
Transactions
trans. post
date date
Payments and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF .?rw T $ -2,774.23
Nominal Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Penodfc PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 5 days
Purchases $0 0.07189% 26.24% V 26.24% $0 none
Cash Advances $0 0.07189% 26.24% V 26.24% $0 $0
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Questions? Call 1-800-DISCOVER (1-800-347-2683) or log on to Discovercard.com. For TDD (Telecommunication Device for the
Deal) assistance, see reverse side. Send billing error notice to: Discover Card; P.O. Box 15192; Wilmington, DE 19850-5192.
Verification
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating
To unswom 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.
&6z?4&41:::9
Signature
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05693 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
NEIDIGH SANDRA KAY AKA SANDRA
DOUGLAS RUZANSKI
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
NEIDIGH SANDRA KAY AKA SANDRA NEIDIGH
DEFENDANT
the
at 1855:00 HOURS, on the 7th day of November , 2005
at 5 MCDERMOND ROAD
NEWVILLE, PA 17241
ROBERT SHIELDS
by handing to
ADULT IN CHARGE
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 11 .52
Affidavit .00
Surcharge 10 .00
.00
39 .52
Sworn and Subscribed to before
me this day of
)lavzw?ucc? A. D.
Pro ry
So Answers
R. Thomas Kline
11/09/20
WELTMAN
By:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH
Defendant
No. 05-5693 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
BENJAMIN R. BIBLER
PA 1.D #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04543095
Judgment Amount $ 3,274.23
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs, Civil Action No. 05-5693 CIVIL TERM
SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH above named, in the default of an Answer, in the amount of $3,274.23 computed
as follows:
Amount claimed in Complaint $2,774.23
Interest from date ofjudgment
at the legal interest rate of 6% per annum
Attorney's fees $500.00
TOTAL $3,274.23
1 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.
WELLMAN, WEINBERG & REIS CO., L.P.A.
BENJ MINJ?3R
PA LD #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04543095
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7°i Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 5 MC DERMOND RD, NEW VILLE,PA 17241
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff Case # ?J- ?t07?j-G(U1C
SANDRA KAY NEIDIGH
Defendant(s)
IMPORTANT NOTICE
TO: SANDRA KAY NEIDIGH
5 MC DERMOND RD
NEWVILLE,PA 17241
Date of Notice:
WWR#: 04543095
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 FOLLOWING 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
j/'?
BY:
PA I524
JAMEgGH,VPA ODT, ESQUI E
WELT INBERG & REIS CO., L.P.A.
2718 S BLDG, 436 7TH AVE.
PITT 15219
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH
Defendant
Case no: 05-5693 CIVIL TERM
NON-MILITARY AFFIDAVIT
The undersigned, who first being duly sworn, according to law, deposes and states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within matter.
Affiant further 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, SANDRA
KAY NEIDIGH
AKA SANDRA NEIDIGH is not in the 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 Defendant, SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH is not in the military service.
Further Affiant sayeth naught. ?,.
FIANT
SWO N T "ND SUBSCRIBED in my presence this %S day
of
I46TARY UBf. C
This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be
used for that purpose.
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members' Civil Relief Act
Page I of 1
DEC-15-2005 10:40:51
4 Last Name First/Middle Begin Date Active Duty Status Service/Agency
NEIDIGH SANDRA KAY Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, the
above is the current status of the individual, per the Information provided, as to all branches of the
Military.
Robert J. Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act
[50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are most
strongly encouraged to contact us by phone at (703-696-6762). We will then conduct further research.
Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you.
This response reflects current active duty status only. For historical information, please contact the
military services SCRA point of contact.
See: http://www.defenselink.mil/faq/pis/PC09SLDR.html.
Report ID: UZMDBFWIPL
https://www.dmde.osd.mil/scra/owa/scra.prc_Select 12/15/2005
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 05-5693 CIVIL TERM
SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Or or Judgment was entered against you
on £C_ aU, 'L60S
(xx) Assumpsit Judgment in the amount
of $3,274.23 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. O 1
PRO" ONTARY ? -
SANDRA KAY NEIDIGH
5 MC DERMOND RD
NEWVILLE,PA 17241
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219
1-888-434-0085
9 ,
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
SANDRA KAY NEIDIGH AKA SANDRA NEIDIGH
Defendant
ORRSTOWN BANK,
Garnishee,
No. 05-5693-CIVIL
PRAECIPE FOR
(BANK ATTACH
FILED ON BEHALF
Plaintiff
COUNSEL OF
THIS PARTY:
William T. Molczan, Es.
PA I.D. #47437
WELTMAN, WEINBEI
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR404543095
,PENNSYLVANIA
OF EXECUTION
C ONLY)
OF
& REIS CO., L.P.A.
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e
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION I
DISCOVER BANK
Plaintiff
VS.
SANDRA KAY NEIDIGH AKA SANDRA NEIDIGH
ys 3v.,..yb?k, ??? t o+ l , CSaLrI?, ?q 176 1
Defendant
ORRSTOWN BANK,
9.27 S60kE411c- tIGr(c, ?!? 11ot3
Garnishee
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
I . directed to the Sheriff of Cumberland County:
2. against Sandra Kay Neidigh aka Sandra Neidigh, Defendant
3. against Orrstown Bank, Garnishee
4. Judgment Amount
Interest $
Costs $
SUBTOTAL: $
Costs (to be added by Prothonotary): $
WELTMAN,
By: v-f
William T. Molczan, Fl
PA I.D. 447437 /
WELTMAN, WEINBE
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR404543095
Civil Action No. 05-569)-CIVIL
3274.23
79.12
3353.35
& REIS CO., L.P.A.
4c REIS CO., L.P.A.
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WRIT OF EXECUTION and/or ATTACHME14T
COMMONWEALTH OF PENNSYLVANIA) NO 0?-5693 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From SANDRA KAY NEIDIGH AKA SANDRA NEIDIGH, 75 BONN BROOK RD., LOT 1,
CARLISLE, PA 17013
(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 ORRSTOWN BANK, 427 STONEHEDGE DR., CARLISLE, PA 17013' - GARNISHEE
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the g shee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering ny 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 tha he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3274.23 L.L. $.50
Interest $79.12
Any's Comm % Due Prothy $1.00
Arty Paid $122.02 Other Costs
Plaintiff Paid
Date: MAY 31, 2006
ZTIS R. LONG
Prothonotary
(Seal) By:
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 47437
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH
Defendant
ORRSTOWN BANK
Garnishee
No. 05-5693-CIVIL
PRAECIPE TO SETTLE, DISCONTINUE
& END AS TO THE GARNISHEE
ORRSTOWN BANK ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt
PA LD #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 04543095
\1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
SANDRA KAY NEIDIGH
AKA SANDRA NEIDIGH
Defendant
ORRSTOWN BANK
Garnishee
PRAECIPE TO SETTLE DISCONTINUE AND END
AS TO THE GARNISHEE, ORRSTOWN BANK. ONLY
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, ORRSTOWN
BANK, only, upon the records of the Court and mark the cost paid.
Civil Action No. 05-5693-CIVIL
WELTMAN,
CO., L.P.A.
By: V V
James C. t mbrodt
WEWEINBERG & REIS CO., L.P.A.
PAI9U.PA D# 5 4
271Building
436 Avenue
Pitt 15219
Sworn to and subscribed
' I? 7sea?,
eedy L Gault, Public
Before me the w
Day lconnb/
ocity Ot Ptttsburov c
py?y pppittnission 6cG?r?Ju!v 15, 2,006
.MeuMy&
PUBLIC
WWR No. 04543095
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-05693 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
NEIDIGH SANDRA KAY AKA SANDRA
And now RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0008:43 Hours, on the 9th day of June , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
NEIDIGH SANDRA KAY AKA SANDRA NEIDIGH
hands, possession, or control of the within named Garnishee
ORRSTOWN BANK 22 S. HANOVER ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JACKIE JUMPER (HEAD TELLER
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her
, in the
true
and made
Sheriff's Costs: So
Docketing .00 Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
.00,/
4)3%G 06/09/2006
Sworn and Subscri ed to
before me this day of By
I Deputy Sheriff
A.D
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
SANDRA KAY NEIDIGH- AKA
SANDRA NEIDIGI-I
Defendant
WACHOVIA BANK,
Garnishee,
No. 05-5693-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
(BAND.rTT-ACI EI'4T ,QNLY)
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molezan. Esquire
PA I.D. #47437
WI?LTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#4543095
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISC )VER BANK
Plaintiff
vs.
SANDRA KAY NEIDIGH- AKA
SANDRA NEIDIGH
Defendant
WAC -40VIA BANK,
Garnishee
Civil Action No. 05-5693-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
TO T -IE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against SANDRA KAY NEIDIGH AND SANDRA NEIDIGH, Defendant, 75 8onnybrook Rd, Lof 1
3: against WACHOVIA BANK, Garnishee Carlisle, Pk Ow3
&04 Ea'st µ9t'1 St
4. Judgment Amount ?[:t.c.U,?"i PA 170(3 $ 3,274.23
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
$ 549.54
$ 3,823.77
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: -
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#4543095
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5693 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From SANDRA KAY NEIDIGH a/k/a SANDRA NEIDIGH
(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:
WACHOVIA BANK, 604 East High Street, Carlisle, PA 17013
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 $3,274.23
Interest -- $549.54
Atty's Comm %
Atty Paid $148.52
Plaintiff Paid
Date: 10/14108
L.L.
Due Prothy $2.00
Other Costs
Curti-'R. Long, Pr ary
(Seal)
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO, LPA
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
By:
Deputy
Telephone: 412-434-7955
Supreme Court ID No. 47437
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-05693 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
NEIDIGH SANDRA KAY AKA SANDRA
And now SHAWN HARRISON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0009:04 Hours, on the 18th day of October , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named GARNISHEE ,
WACHOVIA BANK
, in the
hands, possession, or control of the within named Garnishee
604 EAST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KRISTEN DARHOWER (TELLER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
n .00-
V 0
Sworn and Subscribed to
before me this day of
true
and made
So
?•?
R. Thomas Kline
Sheriff of Cumberland County
10/20/2008
By
Deput Sheriff
A.D
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
DISCOVER BANK
vs.
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
SANDRA KAY NEDIGH-AKA
SANDRA NEIDIGH NO. 05-5693-CIVIL
and
WACHOVIA BANK, N.A.,
GARNISHEE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the
above-captioned matter.
JON C: SIAL,iN "
Attorney Y4 Garnishee
Date:
f? ?s
??f . t 1
SIRLIN GALL.OGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
DISCOVER BANK
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
VS.
SANDRA KAY NEDIGH-AKA
SANDRA NEIDIGH NO. 05-5693-CIVIL
and
WACHOVIA BANK, N.A.,
GARNISHEE
ANSWERS TO INTERROGATORIES IN ATTACHMENT
TO: DISCOVER BANK, PLAINTIFF
No.
2. Account titled Sandra K. Neidigh with a zero balance, and an account titled Sandra
K. Neidigh with a zero balance. These accounts have been restricted pursuant to this writ.
3.-6 No.
7. (Q) 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?
(A) No.
8. (Q) 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?
(A) In addition to any amounts disclosed above, if any, as of the date of the
execution of the Verification to these Answer an account titled Sandra K. Neidigh contained the sum
of $2.32 and an account titled Sandra K. Neidigh contained the sum of $3.00, which is not being
held because Garnishee believes that it is exempt pursuant to
I'a.C.S. Section 8123.
JON
Ate
on`8l23 of the Judicial Code, 42
for Garnishee
Dated:
-? C
nOVL
,ter V
VERIFICATION
104 Independence Ma s
111th Floor - PA4418
Philadelphia, PA 19106
ordin to law, deposes and says that he is the Writ
John O'Donnell, being duly swo rn acc 9
chovia National Bank, Garnishee herein, aedtree and
are
of Execution Administrator in the foregoing Answers to inter rogatories
that the statements mad Said Garnishee understands t e?at
are inalto
correct to the best of his knowledge- herein made subject to p
statements enalties of 18 Pa. C.S. Section 4904,
sworn falsification to authorities.
C ..
r
`ohn O'Donnell. ,\
Manager
Gated:
C
=
rn
Y ?
c
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
SANDRA KAY NEIDIGH
Defendant
WACHOVIA BANK
Garnishee
No. 05-5693-CIVIL
PRAECIPE TO SETTLE, DISCONTINUE
& END AS TO THE GARNISHEE
WACHOVIA BANK ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#4543095
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
SANDRA KAY NEIDIGH
Defendant
WACHOVIA BANK
Garnishee
Civil Action No. 05-5693-CIVIL
PRAECIPE TO SETTLE DISCONTINUE AND END
AS TO THE GARNISHEE, WACHOVIA BANK ONLY
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, WACHOVIA
BANK, only, upon the records of the Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: L%'A '
William T. Molcz , Esquire
PA I.D #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#4543095
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea!
Heidi J. Kelly, Notary Public
Cty 01 Pittsburgh, Alle9?eny Coun
MY Commission b'
*res 2009
Member, p Y E Nov. 4
enns Ivania Association of Notaries
Sworn to and subscribed
Before me the //71"'
..
co
7
OO
-rJ 1-7
0
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
Law Library
Prothonotary
Mileage
Surcharge
Levy
Postage
Garnishee
36.00
1.69
2.00
9.40
60.00
40.00
.44
18.00
167.53 ? 0'09 7-
Advance Costs: 300.00
Sheriff's Costs: 167.53
132.47
Refunded on 05/22/09
So Answers,
R. Thomas Kline, Sheriff.
By
aron R. Lan tz
c
LI
C°
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E.0 -Z d q 1 100 8001
33I,83HS 3H1 ?u 3?Ia?U
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ja-- ?p_ .7 5'9, 33
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5693 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s)
From SANDRA KAY NEIDIGH a/Wa SANDRA NEIDIGH
(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:
WACHOVIA BANK, 604 East High Street, Carlisle, PA 17013
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 $3,274.23
Interest - $549.54
Atty's Comm %
Atty Paid $148.52
Plaintiff Paid
L.L.
Due Prothy $2.00
Other Costs
Date: 10/14/08
(Seal)
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQUIRE
C . Long o
By:
Deputy
Address: WELTMAN, WEINBERG & REIS CO, LPA
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412434-7955
Supreme Court ID No. 47437