The URL can be used to link to this page

Home My WebLink About06-1602 2024046 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN 10625 Techwoods Circle Cincinnati, OH 45242 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 0(., -If...{)~ c;u~ L~'t THERESA SOUDERS 99 REGENCY SOUTH CARLISLE PA 17013 NOTICE 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 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant (s) the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant(s)received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit nAn. 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $2,847.84. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,847.84 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,847.84 at the rate of 6% from the date of April 24, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE PAUL M. SCHOF Attorney for POlh VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEI EXHIBIT "Au AFFIDAVIT OF INDEBTEDNESS 2G2L\GLiG State of Ohio) County ofRamilton ) SSe Kim Kenney being sworn, deposes and says that she is Media Supervisor ofUnifund CCR Partners herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and that she is authorized to make the statements and representations herein, The defendant is not in any branch of the military, There is due and payable from Theresa Souders. Account Number 4361452400596233, the amount of $3362,11 (principal balance in the amount of $2847,84 plus interest up through 12/08/2005 in the amount of $51427), By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of6,00 percent per annum, This balance reflects any payments, credits or offsets made since the account was charged off. Palisades's account was issued under the name ofProvidian, Unifund CCR Partners purchased this account from Palisades, Said account has been referred to Gordon & Weinberg P,C with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim, DATED this December 8, 2005 ~RPARTNERS By: Kim Kennev Media Supervisor 10625 Techwoods Circle Cincinnati. OR 45242 Address Subscribed and sworn to before me this ~ day of December, 2005 K. W \All Qvyv(( Year Notary Public My commission Expires Client # 829 \\\\\\\IIII//JII ,\\ III; .;,"'Q,,,RIAl .$ III; ~,,~ .... ""- c -;. 2' i~\II0:>"<\ co.' -::so (....\~::::::.' " :: :~'~~:!J'~'::: ~ ~'~,."~ :' '~ ;5~,i:?(" / ,-> '-<II. ........ 0 "- ///11/ E OF oy..,\ \\\"\''-'"'' II/flllllll\\\\\\ KAREN WilliAMS NOTARY PUBLIC STATE OF OHiO Comm, EXPires July 19, 2010 .829 2 C2_qGL~: (~ Balance as of: Payment Due Minimum Payment Account Number 12/08/2005 Date Payment Enclosed 1 4361452400596233 I $3362.11 I Past Due 1 $3362.11 1$ I Make checks payable to: Unifund UNIFUND STATEMENT Theresa Souders 99 Regency South Carlisle PA 17013 MESSAGE FROM UNIFUND Your account is past due $3362.11. The past due amount is included in the minimum payment. Please remit immediately. If you have already sent payment for the above amount, thank you. TRANSACTIONS: I Date II Transaction II Balance II Due II Payments II New I Balance 12/0812005 Palisades's account was Issue<$3362.11 $3362.11 $0 $3362.11 under the name of Providian. Unifund CCR Partners purchased this account from Palisades. Prompt crediting of payments. To receive credit for payments as of the date of receipt, we must receive your check or money order at: Unifund 10625 Techwoods Circle Cincinnati, OH 45242 Payments received at the above address in the manner specified after that time will be credited to your account as of our next business day. The crediting to your account of payments received at any location other than the above address may be delayed up to 5 days of receipt This communication is from a debt collector. Federal law requires us to inform you that this is an attempt to collect a debt and any information obtained will be used for that purpose. ~ -ks. 8 7CJ 1- U( '-, ~ Ci( 0 c,~ 0 C ~:.::::J " c."" :11: -l U( ::;':::.'" I::!J " ~ :;0 rn,-- -':::Jf""P, ~ (l' () "" :-:[10 to ~ 0 ":'.}~.~ ~ --..( ~ -n .;:-....1 ";~ (;, ll' '7': c5fTl tl' --; b' Ul :n E f"..) -< --t:- .. \ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1602 THERESA SOUDERS PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, THERESA SOUDERS, and assesses the damages as per statement below. FREDERIC I. WE PAUL M. SCHO Attorney for Principal Interest from April 24, 2002 @6% Total: $2,847.84 $690.97 $3,538.81 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. W IN RG, ESQUIRE PAUL M. SCHOF D, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this I 'f/"- day of (f1;:;y , 200bJUdgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $3,538.81 as per the above certification. L?I.~~. prothon~tar~1' .. , GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. 06-1602 THERESA SOUDERS CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; UNIFUND CCR PARTNERS ASSIGNEEOF PROVIDIAN and that the last known address of defendant, THERESA SOUDERS, 99 REGENCY SOUTH, CARLISLE PA 17013. GORDON & WEINBERG, P.C. FREDERIC I PAUL M. SC OFI Attorney fa BY: .. , GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1602 THERESA SOUDERS AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 99 REGENCY SOUTH, CARLISLE FA 17013; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed 9-6? Day ~ ,2006. .. . -?1(. t1t'~ Notary Public Before me this NNS'fI-VANIA COt.lt.lONWEALTI1 OF PE NOT ARII\L SEAL , CHRISTINE M. COLON, NotarY Public City of Ph"adelphla, Ph"a Counl'l FREDERIC PAUL M. Attorney , 2024046 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, . Identification No.: PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE 81894 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 06-1602 THERESA SOUDERS NOTICE OF INTENTION TO TAKE DEFAULT TO/pARA THERESA SOUDERS 99 REGENCY SOUTH CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: April 25, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. FREDERI C I. WE I PAUL M. SCHOFI BY: P10D-2 2024046 , GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1602 THERESA SOUDERS NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $3,538.81. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: Dated: May 9, 2006 , , r 0 -'Q.. t ?() ....() *- 'i \) 0 ...., ~ (") = C C;::J 0- ~-n ~ - - -0 .",,, :r. ..:t -() "'1:)rc. ~... rnp f- r;-1[ -< 'orn ~ "<::: ;;s :(J'T ~ ~ u~ -l \;~C) J;~i.': ' -., ~ E -v .._I__:JJ ',:)0 -.....::! ~~~:~"' ::;.: '::-::'rn 0 ~ S~ ..., T-' ~ 0 ~ --L.. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS SOUDERS THERESA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SOUDERS THERESA the DEFENDANT , at 1906:00 HOURS, on the 3rd day of April , 2006 at 99 REGENCY SOUTH CARLISLE, PA 17013 by handing to THERESA SOUDERS 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 18.00 5.28 .00 10.00 R. Thomas Kline .00 33.28~04/04/2006 GORDON & WEINBERG So Answers: r-~~ I~ )oV(,. A.D. Sworn and Subscribed to before By: me this I 'l~ day of Prothonotary WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-1602 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN Plaintiff (s) From THERESA SOUDERS, 99 Regency South, 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 GARNISHEE(S) as follows: WELLS FARGO BANK, 604 E. 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 $3,538.81 L.L. $.50 Interest from May 17, 2006 - - $1,078.42 Atty's Comm % Atty Paid $124.78 Other Costs Due Prothy $2.00 Plaintiff Paid Date: 5/31/11 (Seal) David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 defendant(s)and garnishee(s) $3,538.81 $1,078.42 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN VS. THERESA SOUDERS 99 REGENCY SOUTH CARLISLE PA 17013 and WELLS FARGO BANK 604 E HIGH STREET CARLISLE, PA 17013 GARNISHEE 2024046 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-1602 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against THERESA SOUDERS (2) against WELLS FARGO BANK (3) AMOUNT DUE INTEREST from May 17, 2006 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account so TOTAL at#'Lay. Z pd al4tj 2,s. ag SS. 50 \\ i ( 9 .CO \k (I C2. So $.00) C r C0 2M z? CJ) G A Zp DC z -C FREDERIC I. EINBERG, ESQUIRE JOEL M. NK, ESQUIRE Attorney for Plaintiff sb. 5U L L e? a59 °l ..a 0 a -c w Z W N CD -0 >n a:7 C3 , O C7 ?rn SHERIFF'S OFFICE OF CUMBERLAND COUNTY -- Ronny R Anderson Sheriff Jody S Smith p1t51t1' ai trrn(,?r/,r M ;-- Chief Deputy ? Richard W Stewart " -' Solicitor -77 •: _, r't'? Wes.. Unifund CCR Partners Assignee of Providian vs. Theresa Souders Case Number 2006-1 602 SHERIFF'S RETURN OF SERVICE 06/10/2011 02:35 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1535 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Theresa Souders, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank NA, 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Chris Moulton, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. The writ of execution and notice to defendant was mailed on June 15, 2011 to Theresa Souders at 99 Regency Woods South, Carlisle, PA 17013. SO ANSWERS, June 15, 2011 4RONR- I-ac k, Deputy c) Gou-ysuito . Tf. Tr! sett. Ire. SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN VS. THERESA SOUDERS and FILERO()H?KOTAR?' loll Jtl% 2 AM 14: 2 CUMBERL ND C"UA" pENNS COURT OF COMMON PLEAS COUNTY OF CUMBERLAD NO. 06-1602 WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A., GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, a Division of Wells Fargo Bank, N.A., Garnishee in the above-captioned matter. Date: t SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee A? THONOTAR RO 2011 JVI°l 28 AM 11. 16 c' PENNSYLVANIA OUNTY UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN vs. THERESA SOUDERS and COURT OF COMMON PLEAS COUNTY OF CUMBERLAD : NO. 06-1602 WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A.. GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN, Plaintiff 1. No. 2. At the time of service of the Writ, Defendant maintained the following accounts and balances: Account titled in the name of Gerald Souders, Theresa M. Souders with a balance of $3.88, an account titled Gerald Souders, Theresa M. Souders with a balance of $3,392.37, and an account titled Gerald Souders, Theresa M. Souders with a balance of $287.04. The total sum of $3,683.29 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $3,583.29. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $335.00 is authorized and will be deducted from the attached funds. Garnishee is unable to determine from its records whether Gerald Souders, Theresa M. Souders, an account titled Gerald Souders, Theresa M. Souders, and an account titled Gerald Souders, Theresa M. Souders are entireties accounts or joint accounts. Garnishee incorporates herein by reference its New Matter as set forth below. 1-6. 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 Gerald Souders, Theresa M. Souders contained the sum of $300.00, which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code, 42 Pa.C.S. Section 8123. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As set forth above, the account titled Gerald Souders, Theresa M. Souders, an account titled Gerald Souders, Theresa M. Souders, and an account titled Gerald Souders, Theresa M. Souders are titled to either tenants by the entireties or to joint tenants and as such may be exempt or immune from attachment. Garnishee is unable to determine from its records as to the appropriate designation of the accounts. If the parties to the instrument are husband and wife, then such assets are entireties assets and are not subject to execution pursuant to a judgment against either party, but only pursuant to a judgment against both parties. If the assets are titled to joint tenants, the assets cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the judgment debtor and without an appropriate Order of Court directing the Garnishee to permit execution against such assets by Plaintiff in whole or in part. Garnishee will stay further action pending a Date: ? d? - ?\ ourt. &Ig 11 L_;S.lt ?_=`? -.??.? - t _ ?s '?'•r A• ?• ?r,.??.T'??4F?r 3 ` . ? . Err- AFL, ?'???y. 7..SL G Y? •i? t a q? - L ri. riC ?. ys _ G;_ c•Yl t ?4 za g i.'• ??i?t i =_y ?v i2?z ti=,? - ?, -••, ? - ? - ?? ???? ?.'?? ? ?- try ?_ T ? ?"-'?- ?u. _ Ina Nei - =tea--? _ L, L 1 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FILED-OFFICE 0i-0;V0?j0TH0 °0TAR 2011 JUL 22 Ply 12: 5 5 CUMBERLAND COUN T Y PENNSYLVANIA UNIFUND C:CR PARTNERS ASSIGNEE OF PROVIDIAN vs. THERESA SOUDERS and Wells Fargo Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-1602 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Wells Fargo Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FL NK ESQUIRE Attorney for Plaintiff Poll f 66 ' '°" ,_? b a air/ SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire, I.D. No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee UNIFUND CCR PARTNERS COURT OF COMMON PLEAS ASSIGNEE OF PROVIDIAN COUNTY OF CUMBERLAD vs. THERESA SOUDERS NO. 06-1602 and rn w ? G c--> WELLS FARGO BANK N.A. GARNISHEE ATTORNEY I.D.#17498 =° CD--n BILL OF COSTS OF GARNISHEE WELLS FARGO BANK N A = ' . . C7- Garnishee, Wells Fargo Bank, N.A., hereby bills the following costs to the fu nd attached Y1 and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: $335.00 Notary Charges: $ 0.00 Entry of Appearance: $ 0600 Answers to Interrogatories: $ 0.00 Order to Discontinue or Satisfy: $ 0600 Other: 0.00 AL: JON C. IN Atto y for ishee Costs are hereby taxed in the amount of $ this day of 2011. PRO HONOTARY BY: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F1LE0-C1F, I Sheriffatt+i' of. tut rr?' 4 JF THE Jody S Smith "d 11 AUG - I AM S: 4 7 Chief Deputy Richard W Stewart CUMBERLAND C`QW4 ` PENNSYLv.A1kdiA Solicitor Unifund CCR Partners Assignee of Providian Case Number vs. 2006-1602 Theresa Souders SHERIFF'S RETURN OF SERVICE 06/10/2011 02:35 PM - Tin) Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1535 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Theresa Souders, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank NA, 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Chris Moulton, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. The writ of execution and notice to defendant was mailed on June 15, 2011 to Theresa Souders at 99 Regency Woods South, Carlisle, PA 17013. 07/28/2011 Ronny RAnderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAKED, per request from plaintiff's attorney. SHERIFF COST: $87.16 July 28, 2011 SO ANSWERS, RO CN R ANDERSON, SHERIFF pc? ??l Lo . c? s"? " ,10, V UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN Plaintiff V. THERESA SOUDERS 4 Hathaway Dr. Carlisle, PA 17015 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1602 and WELLS FARGO BANK 604 E. High Street Carlisle, PA 17013 Garnishee m CC) D,,, -- ->? RULE TO SHOW CAUSE ORDER AND NOW, this / s day of A aC" , 2011, upon consideration of the foregoing Petition to Intervene and to Set Aside Writ of Execution, it is hereby ordered that (1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) The respondent shall file an answer to the petition within ?O days of this date; (3) The petition shall be decided under Pa. R.C.P. No. 206.7; (4) Depositions shall be completed within ?Po days of this date; 4-0 (5) Argument shall be held on d 3 , 2011 in Courtroom of the Cumberland County Courthouse; and (6) Notice of entry of this order shall be provided to all parties by the petitioner. Jon0-- irl;nj&L Frederic 1. Wean , ? ?1ey ?.s)+, a? OOP gl iArh B - URT: J. 3 WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 By: Bradley N. Sprout, Esquire Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN Plaintiff V. THERESA SOUDERS 4 Hathaway Dr. Carlisle, PA 17015 Defendant and WELLS FARGO BANK 604 E. High Street Carlisle, PA 17013 Garnishee TO THE PROTHONOTARY: Attorneys for Defendant, Theresa Souders, and for Intervenor, Gerald Souders IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1602 r- ? F . M as en -n' - r? t ?r -' Cc' 7 7' PRAECIPE Please withdraw the Petition to Intervene and to Set Aside Writ of Execution Pursuant to Pa. R.C.P. 3121(d) filed on behalf of Defendant Theresa Sounders and Intervenor, Gerald Souders in the above-referenced action. WOOLFORD LAW, P.C. By: Timoth . W olford Attorn y . No. 78941 Bradley N. Sprout Attorney I.D. No. 203182 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 (717) 290-1190 (717) 290-1196 CERTIFICATE OF SERVICE I, Bradley N. Sprout, an attorney with Woolford Law, P.C., certify that on this date, I served a true and correct copy of the foregoing document upon the following party via United States, postage prepaid, first class mail: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Jon C. Sirlin, Esquire Sirlin Gallogly & Lesser, P.C. 123 South Broad Street Suite 2100 Philadelphia, PA 19109 Date: September 23, 2011