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HomeMy WebLinkAbout06-1049 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff No: Ol&. - /D49 C'IULLY~ vs. COMPLAINT IN CIVIL ACTION DAVID MCMILLEN 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 04564923 CEPit VOC . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff vs. Civil Action No DAVID MCMILLEN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 4. COMPLAINT 1. Plaintiff, CACV OF COLORADO is a corporation with offices at 370 17TH ST.,SUITE 5000 DENVER, CO 80202 . 2. Defendant is adult individual(sl residing at the address listed below: DAVID MCMILLEN 444 3RD ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 5480420019501947 . 4. Defendant made use of said credit card and has a current balance due of $3046.79 , as of January 27, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.000% per annum on the unpaid balance from January 27, 2006 A copy of Plaintiff's STATMENT OF ACCOU NT is attached hereto, marked as Exhibit "1" and made a part hereof. ~ 7. 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 , DAVID MCMILLEN , INDIVIDUALLY , in the amount of $3046.79 with continuing interest thereon at the rate of 6.000% per annum from January 27, 2006 plus costs. ---~~ '>, ------ C. Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 412 434-7955 AX. 412-338-7130 o 64923 CEPit VOC This law firm is a debt collector tempting to collect this debt for our client and any information obtained will be used for that purpose. ,~..// .'by,,'~ D Iv/ L;; 1:.:1"/ t cT: ")" ,,/ UNItE HERE HASTEaCARD STATEMENT DAVlll MCMILLEN Pas. 1 of 1 ACCOUNT SUMMARY PAYMENT SUrtHARY BALANCE SUMMARY ACCOUNT 5480-4200-1950-1947 HUMBER OVERLIHIT AHOUNT $-3.046,79 PREVIOUS BALANCE .3,04&.79 MINIHUM PAYHEHH U9.DO PAYMENTS/CREDITS '0.00 TOTAL CREDIT LIMIT '0 CURR~NT 'A~KENi DUe- '3.046.79 PURCHASESFPEBITS + to .00 TOTAL CREDIT LIMIT AVAILABLE .. PAYMENT REQUESTED BY 12/12/04 PAST DUE AMOUNT .431.00 "" lEi - - = - - FINANCE CHAR&E + to.OO STATEI'\EHl DAlE 11./22/04 _s.. r.v.~s. side for an .x- pl.~.tiDn Dr these ..ounts. HEW BALANCE n,Oli'.79 - ;;; - - == :: iii ... :: "" = ;;; fINANCE C~ARQE CALCULATION This 1s . 8~.e. account. Grace period inforMatIon on beck. Nominal ANNUAL Avor-ate Da1h' Days F PIANeE CHARGE Annual PERCENTAGE Daily PerIDdiIn UllIng At Par!odic:Cash Advance Percenta9't RATE lalanclI Rate Cycle Ratll FII.s R.t. PURCHASES to.OO ,027$6% . to.OO "o.aa 9.99% '.990X BONUS CHECk. to.OO .021'$6% . n.DO to .1)0 ,.,.,,, 9 ."1)~ CASH ADVANCES 10.00 .O5476~ . to.OO fO.OO 19.99% 19.'190~ MAIL PAYHENTS TO: HOUSEHOLD CREDIT SERVICES PO BOX 17051 8AlTt"ORE "0 212~7-10S1 QlJES'T I Q~ S 1 24-HOUR CUSTOHER SERVICE 1-800.'22-2580 DUTSIDE USA. COLLECT: 1-702-2~S-1575 TDD HEARING IMPAlRED: 1-800-'55-9392 "anagll your ~~ccunt onlIne at: www.unionplU5card.eom 010271. Z 22 0000003000 t; STMTXX E p~EASe DETACH A~n RETURN IOT10" PURTIQK WI1~ YOUR PAYMENT: TD Assure PrDper Credit Pla.~. Write Your Account Nu.bar On KAll tHQ~IRIES TO: HOUSE~OLD CREDIT SERVIC~S PO lOX 800'27 SALINAS CA 93912-0027 K Your- Check .. Aecount HUl'lber- 5~80-~20O'~1950-1'47 Ne~ Jalan~e .3.04'.19 PaymeMt Requ.at.~ By 12/12/04 Current Pay..nt Du*l.O~'.7' H~k. ~h.~k$ payable to HOUSEHOLD CREDIT SERVICES . Pl.as. write your .ecount number on ~oUr ch,~k~ DQ nat fold. staple or clip. Do not send cash. Please send your- ~aYM.nt 7 d.Y~ prior to the p.y~ent requested by date to ensure U..ly delivery. .Amount Et\c lased DAVID HCtULLEN 4,q4 !R:D Sf ENQ~. fA 17G2S-~126 HOUSEHOL~ CREDIT SERVICES PO 'OX 17051 BALTIKOR~ KD 21217-1051 N EXHIBIT :l 54804200195019470030467'0030~'795 ~ N . .. ~ VERIFICATION The undersigned does hercby vcrify subject to the pcnalties of 18 P A. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ----+;oc~ D 11.1 A.n--- (NAME) ___.~ut~on-zeE- Agent of _~v--Df DlM ~l~~ plaintill. herein, that (TITLE) (COMPANY) he/shc is duly authorized to makc this verification, and that the facts set forth in thc forcgoing Complaint arc truc and correct to the bcst of his/her knowledgc, information and belicf. -~~- (SIGNA TURE) This law firm is a dcbt collector attempting to collect this dcbt for our clicnt and any information obtaincd will bc used for that purposc. WWR#04564923 A r-,"1 0 (.1 "-'-'\ P lrt ~, (8 l''L 1(\ \' t (- r-.:' - ~ tn IJ - -- w :i -0 -0 1::: ~ .. .-' ~ -4) r- \"'-,:' ~ :D ,1=- ~ ..------ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO VS MCMILLEN DAVID WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCMILLEN DAVID the DEFENDANT , at 2021:00 HOURS, on the 22nd day of February 2006 at 444 3RD STREET ENOLA, PA 17025 by handing to KIM MCMILLEN, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41.20 r-"/'7 /;;"--- , ~".~."-~~" -- ~..~ L...,~..~-- _,' .,,;',' <.., . . .,.;;'~r~.1',,~:..,,_. ,," ,"._"._;...,,,,-,~-.:::-r R. Thomas Kline 02/24/2006 WELTMAN WEINBERG REIS day of By: ~V&v . Deputy Sheriff Sworn and Subscribed to before me this 1."-">- 7h~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff No. 06-1049 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT DA VID MCMILLEN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA 1.0.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#04564923 Judgment Amount $ 3.081.29 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 CACV OF COLORADO Plaintiff VS. Civil Action No. 06-1049 CIVIL TERM DA VID MCMILLEN Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, DA VI[) MCMILLEN aboVl' named, in the default of an Answer, in the amount of$3,081.29 computed as follows: Amount claimed in Complaint $3,046.79 Interest from January 27, 2006 to April 06, 2006 at the legal interest rate of 6.000% per annum $34.50 TOTAL $3,081,29 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.CP. 237.1 on the dates indicated on the Notices. WELTMAN. WEINBERG & REIS CO,. L.P,A. ./1 WILI.IAM T, MOLCZA . PA I.D.#47437 Weltman. Weinberg & Reis Co., L.P.A. 27] 8 Koppers Bldg. 436 Seventh A venue Pittsburgh. P A 15:119 (412) 434-7955 WWR#04564923 Plaintiffs address is: clo Weltman. Weinberg & Reis Co.. L.P.A., 2718 Koppers Building. 436 7'" Avenue. Pittsburgh, PA 15219 And that the last known address of the Defendant is: 444 3RD ST.. ENOLA.PA 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff YS. Civil Action No. 06-1049 CIVIL TERM DAVID MCMIL.LEN 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 $3,081.29 plus costs, () Trespass Judgment in the amount of $ __ plus costs. () Ifnot satisfied within sixty (60) days. your motor vehicle operator's license and/or registration will he suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdiet () Arbitration Award Prothonotary By: PROT Y) DA VID MCMlL.L.EN 444 3RD ST ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co.. L.P.A.. 2718 Koppers Building. 436 7,h Avenue, Pittsburgh. PA 15219 1-888-434-0085 IN THE COMMON PLEAS eOURT OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL DIVISION CACV OF COLORADO Case no: 06-1049 CIVIL TERM Plaintiff NON-MILIT ARY AFFIDAVIT vs. DAVID MCMILLEN Defendant The undersigned, who Ilrst being duly sworn, according to law, deposes and slates as f(lllows: That he/she is Ihe duly authorized agent of the Plaintiffin the within matter. Afliant further states that the within Affidavit is made pursuant to and in accordance wilh the Servicemembcrs' Civil Relief Act (SCRA), 50 u.s.e. App. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, DAVID MCMILLEN is not in the military service. Affiant further states that this belief is supported by the attached certillcate from the Defense Manpower Data Center (DMDC). which states that the Defendant, DA VlD MCMILLEN is not in the military service. , SWORN JO AND SUBSCRIBED in my presence this ! / day o /1.1 YI { . Z,UU0. Further Affiant sayeth naught. 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 Page lof2 Department of Defense Manpower Data Center APR-06-2006 12:11 :28 Military Status Report Pursuant to the Service members Civil Relief Act -<( Last Name First/Middle Begin Date I Active Duty Status I Service/Agency MCMILLEN 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, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~W;;~Cl-~ 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 Servicemembers Civil Relief Act [50 USCS Appx. SS 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 strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy ofDOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.millf aq/pi s/PC09SI, D R. hUn I WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.millscra/owa/scra.prc_Select 4/6/2006 Request for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. ReporllD.TYGLBJFBIS https:/ Iwww.dmdc.osd.mil/scra/owa/scra. prc _Select 4/6/2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff a -/JY7 Ct't/;/ ~V\ Case # ' DAVID MCMILLEN Defendant(s) IMPORTANT NOTICE TO: DAVID MCMILLEN 444 3RD ST ENOLA,PA 17025 , / Z/~ ( J ~ I / Date of Notice: WWR#: 04564923 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 M],y 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 .--".-----. .? ----=-<" . ....... ", ;;:- !1N~// JAMES/ ARMBRODT, Esc,u1RE PA I,D. #42524 WELT ,WEINBERG & REIS CO., L.P.A. 27f8 KOPPERS BLDG, 436 7TH AVE. PI~ SBURGH, PA 15219 ~~ (_", J;::J 7"0 ~\ \' M -. C>"\ \' --.J 0~ d ~ N ~. ~. ~ ~ ~ ~\\ d ~ \ "' 00. , \'- ~ roo:', C' - - C::i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1049 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACV OF COLORADO, LLC, Plaintiff (s) From DAVID MCMILLEN, 444 3rd Street, Enola, PA 17025 (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: BELCO COMMUNITY CU, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 M&T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 CITIZENS BANK, 665 NORTH EAST 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 $1919.38 Interest $438.09 Atty's Comm % Any Paid $132.70 Other Costs Plaintiff Paid Date: JULY 6, 2011 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 David D. Buell, Prothonotary Deputy Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 F11-ED-OFFICE o i RROTHONOTARY 2011 JUL -5 AM 10: 54 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff No. 06-1049 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION DAVID MCMILLEN .14t,4 y ?r1 ??. ^Lv?o14, h?? (BANK ATTACHMENT ONLY) Defendant(s) 1'?? a 5 BELCO COMMUNITY CU - 163?f c ., Pt k? 1 ?` p SO M&T BANK - 1 WeS+ Ik-9 L4 S}: -, C aw NISI ?- I PO- I ??. (Zp CITIZENS BANK, - tp& ?p . ??- S}? Cp?rlisle? Y v Garnishee(s) 15 FILED ON BEHALF OF Plaintiff a? ?u. 5U Pci agu' 41. 90 Car- SS•So ail q. 60 --` a sot,?? COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Ck1,4 SaS7130 2A- a ta 3a 7 W WR No. 4564923 wln 6f t?x 55k'e w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No. 06-1049 CIVIL TERM DAVID MCMILLEN Defendant(s) BELCO COMMUNITY CU M&T BANK CITIZENS BANK Garnishee(s) 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 DAVID MCMILLEN , Defendant 3. against BELCO COMMUNITY CU, M&T BANK, CITIZENS BANK, Garnishee 4. Judgment Amount $ 3081.29 Less Payments/credits received $ 1600 Interest $ 438.09 Costs $ SUBTOTAL: $ 1919.38 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 4564923 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??*?w"ir of tn+ub?rjz?? 4i j- OFF.- r' --? -RIFF 2011 JUL 19 PM 3: 51; CUMBERLAND COUNTY PENNSYLVANIA CACV of Colorado, LLC vs. David J. McMillen Case Number 2006-1049 SHERIFF'S RETURN OF SERVICE 07/15/2011 02:06 PM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, BELCO at 5304 Carlisle Pike, Hampden Townsihp, Mechanicsburg, PA 17055, Cumberland County, by handing to KATELYN THOMPSON, MEMBER SERVICE REP., personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 18, 2011 to David McMillen at 444 3rd Street, Enola, PA 17025. SO ANSWERS, July 18, 2011 RON R ANDERSON, SHERIFF nda Cobaug"h, rb$puty ;c) (oun`ysu'lto, Shentt, I e ec. )tf. Ira;. ti rlMa ?rL°va,r°?ua T?r IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. DAVID MCMILLEN Defendant(s) BELCO COMMUNITY CU M&T BANK CITIZENS BANK Garnishee(s) Civil Action No. 06-1049 CIVIL TERM INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 4564923 INTERROGATORIES IN ATTACHMENT l At the time you were served or at any subsequent time did you owe the defendant any money or were you negotiable or other written instrument, or did he claim that you owed him any money or wer liable liable to him on any to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? state the I a. If the answer to Interco ntoand if such noneyais in the for them of llowfing:und, the p esent location thereof, the of money you owe or owed to defendant, oth tten in terms face amount and amount you owe or owed to defendant on each of sucdefendant claims orrclaiimed that you owe oar the present location of each of such instruments; the amount or amounts owed to him; and the nature and amount of each of such liabilities. t of control of 2. At the time you were served or at any subsequent time solely ornin your part by Possession, yourself and one or more other persons any property of any U 3. At the time you were served or at any subsequent e o did you oil any i eg resttitle to any property of any nature owned solely or part by the defendant or in which defendant held ? ) 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which * ?; l the defendant had an interest? lV? 5. At any n efore or after you were served, did the defendant transfer or deliver any property to you or to any person or place puns yr directions or consent and if so what was the conside ion thereof? r 6Z e '14 C, At At any time after ydL? ? erved did you pay, transfer, or deliver any money or property to the defendant or to any person or place pur udirection or otherwise discharge any cla' of the defendant against you? S 7. If you are a bank or other financial institution, funds the time electronically on a recurring basis and id Pennsyl the defendant have funds on deposit in an account in which fun p execution, levy van which are identified as being funds that upon deposit are exemp?he exemption) the amount eing withheld under each or federal law? If so, Identify each account and state the reason for exemption and the amount of funds in each account, and the entity electronically depositing thos funds on a recurring basis. any su g. If you are a bank or other financial institution, at the time you wre served the funds on depositenot nclt d?ng any otherwiseeexemptdrd the defendant have funds on deposit in an account in which funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, entity each IV O account. 9. If the answer to Inte ogatory I 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 affinmative, state the date the written instrument, checking or savings account, certificate of deposit, or oh f ds were frozen, restricted, or otherwise put on hold by this institution. ND h are 11. If the response to Interrogatory 7 is in the affirmative, ed are glhg as funds comingled in the accolint funds that upon deposit are exempt not deposited electronically on a recurring basis and which are identified from execution, levy or attachment under Pennsylvania ?otfederal law? i? 12. If the response to Interrogatory 11 is in the affi alive, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. 04 (V c By: s/MICHAEL J DOUGHBRTY MICHAEL J DOUGHERTY, Esq, PA ID# 76046 Weltman, Weinberg & Reis, Co, L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 (215) 599-1500 WWR#5849312 VERIFICATION fy ? per. ., 49 4 S relating The undersigned does hereby veri subject to the penalti 5a 11/f. &T Bank to unsworn falsifications to authorities, that he/she is (Name) garnishee herein, C. - of (Company) (Titl 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 belif? (SIGN JUL 1.5.20.11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CACV OF COLORADO, LLC. Plaintiff(s), vs. DAVID MCMILLEN Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. c) Ca M - 7J >. ) rn _... - mss 17 "C> C7J C) r-= <C3 > C) 06-1049 CIVIL TERM 5;(- ==" -tc ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _I_ to _12_) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains no record of any deposit account in the name of the defendant, DAVID MCMILLEN, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Penny Donaldson who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. J,4 Ai Penny Do Sworn and subscribed before me this day of AMU-M- , 2011. COMMONWEALTH OF PENNSYLVANIA N" al Sal ChrWne Graham, Naury Public Cfly Of ftIbUrgh, All"hlny County my CArtlrrrn March 23, 2014 Member; hfiili A%dobbh of Notaries Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff(s), VS. DAVID MCMILLEN, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee„ 06-1049 CIVIL TERM Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax Certificate of Service I, Penny Donaldson, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 2ND day of .AUGUST, 2011. WELTMAN WEINBERG & REIS CO, LPA 1400 KOPPERS BLDG 4367 TH AVE PITTSBURGH, PA 15219 r n n /? /r Penny onal son SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson f ay S Smith nief Deputy Richard W Stewart Solicitor ^s; THE' P RC1iiGU? :012 JAN 19 AM 8.34- CUMBERLAND GouN-r `, PENNSYLVANIA CACV of Colorado, LLC vs. David J. McMillen Case Number 2006-1049 SHERIFF'S RETURN OF SERVICE 07/13/2011 03:02 PM - Michael Barrick, 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handingtto LINDSAY GRAY--- RELATIONSHIP BANKER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 07/13/2011 02:42 PM - Michael Barrick, 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, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to TABITHA STARTZMAN--- TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 07/15/2011 02:06 PM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, BELCO at 5304 Carlisle Pike, Hampden Townsihp, Mechanicsburg, PA 17055, Cumberland County, by handing to KATELYN THOMPSON, MEMBER SERVICE REP., personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 18, 2011 to David McMillen at 444 3rd Street, Enola, PA 17025. 01/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $204.39 January 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF C) tot, ?a is Goun`,Suite Sherft, Teleosott. inc.