Loading...
HomeMy WebLinkAbout06-1783i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CYNTHIA B YERKES Defendant NO: O to - 1 713 Ct I e - 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 05026697 C A Pit WLG I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CYNTHIA B YERKES Defendant Civil Action No 0 -/ 1" Ccc.. ( l ,e.,., 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 HE11P. 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: CYNTHIA B YERKES 328 W SOUTH ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002110768512 . 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 March 14, 2006 , in the amount of $5090.04 . 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 i I 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 , CYNTHIA B YERKES INDIVIDUALLY , in the amount of $5090.04 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and-cost t V r r James C Warmbrodt,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 'e enth Avenue, Suite 2718 Pit s urgh, PA 15219 (41 434-7955 F 412-338-7130 05 6697 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. I payment due date $ ?? February 3, 2006 a a?? 7 04 SDSN6A01 0001923 CYNTHIA YERKES 328 W SOUTH ST CARLISLE PA 17013-2826 Address or telephone change? Please print change in the space above, or go to Dismvercard.com. To order Cash Access Checks, select your P.I.N., or to find cash locations call 1-800-DISCOVER (1-800-347-2683) or visit Discovercard.com. PO BOX 15251 111.111 loll 11 Sigel 111 111111 WILMINGTON DE 19886-5251 II IIIIIIII, I III III III III III I III III I III III lltl III loll III IOI 000006011002110768512050900400000000067500 ------ -- - ------- --------------------- - Discover Platinum Card Account Summary Closing Date: January 4, 2006 page 1 of t previous balance $4,977.64 account number 6011 0021 1076 8512 payments and credits - 0.00 payment due date February 3, 2006 purchases + 39.00 j minimum payment due $675.00 cash advances + 0.00 credit limit $5,100.00 - - credit available $0.00 balance transfers + 0.00 ;cash credit limit $1,300.00 FINANCE CHARGES + 73.40 cash credit available $0.00 new balance = $5,090.04 E-VIF r.xKIBIT ,t A,t ---- ------ --- ------------ - -- ----- - ------- ----- - -- -------------- Cashbaek Bonus® Opening Cashback Bonus Balance $ New Cashback Bonus Earned + 0.00 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashback Bonus® Anniversary Date: September 4 trans. post date date ,Other/Miscellaneous Jan 4 Jan 4 LATE FEE -- -------------------- Average Daily Daily Periodic Balances Rates current billing period: 31 days Purchases $5013.05 0.04723% Cash Advances $0 0.0575t% $ 39.00 Nominal ANNUAL Transaction ANNUAL Periodic Fee PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES 1724% V 1724% $73.40 none 20.99% F 20.99% $0 $0 VERIFICATION The undersigned does hereby verify subject to t e p 7 ? (, allie7/1(, f 18 P .C.S. §4904 relating to unworn falsification to authorities, that he/she is 1 ( Name) of? 1? ???? Yom' V ? yA !? ?? plaintiff herein, that y (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. WWR # 5026697 CYNTHIA B. YERKES 6011002110768512 F.. s - (1 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CYNTHIA B YERKES Defendant No. 06-1783 PRAECIPE FOR DEFAULT JUDGMENT 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05026697 Judgment Amount $ 5,590.04 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. CYNTHIA B YERKES Defendant TO THE PROTHONOTARY: Civil Action No. 06-1783 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, CYNTHIA B YERKES above named, in the default of an Answer, in the amount of $5,590.04 computed as follows: Amount claimed in Complaint $5,090.04 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $5,590.04 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By. WILLIAM T. MOLCZA ESQUIRE PA I.D.#47437 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05026697 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 328 W SOUTH ST CARLISLE,PA 17013 IN THE COURT(3F?-014MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff CYNTHIA B YERKES Defendant 06-1783 IMPORTANT NOTICE TO: Cynthia B Yerkes 328 W South St Carlisle,Pa 17013 Ln ? Da te of Notice: / YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF 'YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. - LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEINBEI$D.&-?CO., L.P. . By. - Y K I/ James C. A'armbrodtf Esquire PA I.D. 524 WEL N, WEINBERG & REIS CO., L.P.A. 2718 o pers Building 436,'Sev nth Avenue Pit{sb eh. PA 15219 #05026697 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-1783 CYNTHIA B YERKES Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order r Judgment was entered against you on i Jlt I Q-A'->& (xx) Assumpsit Judgment in the amount of $5,590.04 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHONOTARY (J 94DC-PUTY) CYNTHIA B YERKES 328 W SOUTH ST CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 06-1783 Plaintiff vs. CYNTHIA B YERKES Defendant 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, CYNTHIA B YERKES 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, CYNTHIA B YERKES is not in the military service. Further Affiant sayeth naught. I l? AFFIANT , ) Ar? SWORN UBSCRIBED in my presence this day of ,• Wend ?? ' +a_.._.. N?eARY PUBLIC ry Ot Pittsburgh, All A7y Corromission E ztjheny County i ??e? F._„` ><PiresJUly 75,1ppg 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 Servicemembers Civil Relief Act Page 1 of 2 JUN-08-2006 11:38:22 < Last Name First/Middle Begin Date Active Duty Status Service/Agency YERKES 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. 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. §§ 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 of DOB, 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: 4ttR;//wwwdefenseti?nk.mil/faa/nis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/8/2006 ?rj c C/ r RJ ? irri 6` w .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS YERKES CYNTHIA B DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YERKES CYNTHIA B the DEFENDANT , at 1508:00 HOURS, on the 31st day of March 2006 at 328 W SOUTH STREET CARLISLE, PA 17013 CYNTHIA YERKES by handing to 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 4.40 .00 10.00 R. Thomas Kline .00 32.40 04/03/2006 WELTMAN WEINBERG REIS Sworn and Subscribed to before me this /Qk" day of ?IAev c:1-U'DLr A. D. By: Deputy Sheriff Prothonotary \1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CYNTHIA B YERKES Defendant MEMBERS FIRST FCU, Garnishee, No. 06-1783 CIVIL TERM 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. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05026697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-1783 CIVIL TERM CYNTHIA B YERKES Defendant MEMBERS FIRST FCU, " Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Cynthia B. Yerkes, Defendant 3. against Members First FCU, Garnishee 5,590.04 -? ?359[?. p?f 4. Judgment Amount $ Less payments of -(2,000.00) Interest $ 92.57 Costs $ SUBTOTAL: $ 3,682.61 Costs (to` be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: t 1J14- WilliiaZTT. Molczan, Esqu' PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05026697 t n 7 W. b W w Z/ 41A MMV l n ?1 N-I ^ 41 f Y V ^ s C cMr f 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1783 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From CYNTHIA B. YERKES, 328 W SOUTH ST., 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 MEMBERS FIRST FCU, 1166 WALNUT BOTTOM RD., CARLISLE, PA 17015 GARNISHEE(S) as follows: 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 $3590.04 Interest $92.57 Atty's Comm % Atty Paid $114.90 Plaintiff Paid Date: NOVEMBER 15, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curtis 0?.Long, P?r tary 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 Deputy Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CYNTHIA B YERKES Defendant and MEMBERS FIRST FCU Garnishee No. 06-1783 CIVIL TERM ARScuers 4c INTERROGATORIES IN ATTACHMENT MEMBERS FIRST FCU 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05026697 J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CYNTHIA B YERKES Defendant and MEMBERS FIRST FCU Garnishee Civil Action No.: 06-1783 CIVIL TERM TO: MEMBERS FIRST FCU Suggested Reference No.: XXX-XX-3353 1166 WALNUT BOTTOM RD., RE: CYNTHIA B YERKES CARLISLE, PA. 17015 328 W SOUTH ST., CARLISLE,PA. 17013 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, she 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. J 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 op any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? I\U) 2. 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. 3. 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. v 9j?S - A o ,oc#? 4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. 5. 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? NC's 6. If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and present location of each of said properties. 7. 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, 8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. 9. 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? KD 10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. 11. 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? 12. If the answer to Interrogatory 1 I is in the affirmative, describe the amount or nature, fair market value and present location of each of such payments and properties. WELTMAN, WEINBERG & REIS CO., L.P.A. By. William T. Molc , Esqu' PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05026697 n ? J c 17 - -" -f rTi Z . d i P,C1f' 9U "07 s J; Y?J SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01783 P COMMONWEALTH OF PENNSLYVANIA COUNTY O1? CUMBERLAND DISCOVER BANK VS YERKES CYNTHIA B And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:50 Hours, on the 4th day of December , 2006, attached as herein. commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT hands, possession, or control of the within named Garnishee MEMBERS FIRST FCU 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to ERIC HESS (ASST. MGR) 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 .00 Service .00 Affidavit .00 Surcharge .00 .00 4 0 0 Sworn and Subscribed to before me this day of in the true and made So answe R. Thomas Kline Sheriff of Cumberland County 12/05/2 By A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CYNTHIA B YERKS Defendant MEMBERS FIRST FCU Garnishee No. 06-1783 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO ALL PARTIES FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 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#05026697 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CYNTHIA B YERKS Defendant MEMBERS FIRST FCU Garnishee Civil Action No. 06-1783 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO ALL PARTIES TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above captioned matter upon the records of the Court and mark the cost paid as to ALL PARTIES. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. r brodt PA I.D # 252 William;`T. M lczan, Esquire PA.1.R:#474 7 WELTMA , WEINBERG & REIS CO., L.P.A. 2718 Kop ers Building 436 Seve th Avenue Pittsburgh, PA 15219 (412)1434-7955 W W R#05026697 Sworn to and subs ribed Before me the <? Day of JANUA Y,. 07 NOT RY PUB WNWEALTH OF PENNSYLVAWA_ Notarial Seal Wayne A. Jones, Notary Public C?ty OF Pittsburgr1, aJlegheny County bly Commission Expires June 29, 2010 Member, Pennstlvania Association of Notaries c .. _ ?,.? -? -?, ?%`' "' ` ? 9 _ .,.. ,=, - ? ? ? ??,. ` ? ._ . ., j- i 1 . l _ ' ?../1 ;:? ?? ? w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1783 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From CYNTHIA B. YERKES, 328 W SOUTH ST., 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 MEMBERS FIRST FCU,1166 WALNUT BOTTOM RD., CARLISLE, PA 17015 GARNISHEE(S) as follows: 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 $3590.04 Interest $92.57 Atty's Comm % Atty Paid $114.90 Plaintiff Paid Date: NOVEMBER 15, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curti Long, notary 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 Deputy Supreme Court ID No. 47437 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: Advance Costs: 150.00 Sheriff's Costs 84.56 Docketing 18.00 65.44 Poundage 1.66 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 10/24/07 Mileage 4.40 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 f 41"1014- TOTAL 84.56 So Answers, • Cn R. Thomas Kline en , B Y C Ldz, ""7 'Gr C-7 1 Ci !'t?J!a lU Z