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HomeMy WebLinkAbout06-2238v 2017367 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: P'REDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 LAGNIAPPE GROWTH & INCOME FUND, COURT OF COMMON PLEAS LL AS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY HOUSEHOLD AUTOMOTIVE FINANCE 2101 WEST BEN WHITE BLVD. Austin TX 78704 Vs. DOCKET NO. Brian Thatcher 14 Dulles Drive West Camp Hill PA 17011 COMPLAINT IN ASSUMPSIT 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 I . The defendant, for valuable consideration received, executed and delivered to plaintiff a promissory note under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory note. A true and correct copy of the aforesaid promissory note is attached hereto, made a part of this complaint and marked Exhibit "A" 2. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $10,776.07 became due and payable. 3. As a result of defendant's default, defendant is indebted to plaintiff in the amount of $10,776.07 plus interest thereon and attorney's fees as provided for in the promissory note. 4. Plaintiff has made demand upon the defendant for payment of the amount due but the defendant has failed and refused and still refuses to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant the sum of $10,776.07 plus interest and attorney's fees as provided for in the promissory note. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI BERG ESQUIRE PAUL M. SCHOFIEL , JR., ESQUIRE Attorney for Plaintiff P01C 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. WEIFG, ESQUIRE EXHIBIT "A" t 2017367 PARAGON WAY, INC. LAGNIAPPE GROWTH & INCOME FUND, LL Plaintiff vs. Brian Thatcher Defendant COMMONWEALTH OF TEXAS COUNTY OF TRAVIS ss AFFIDAVIT I, MARSHA M. DAIGLE, CUSTODIAN OF RECORDS, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 500000628042in the amount of $10,776.07; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. MARS A M. DAIGLE,(CUSTODIA'g OF RECORDS Sworn to and Subscribed before me this 3-tri- day ofA? 200 Notary Public n' n" ,n i ntllc ;. ? ry y > m i Expires ??o? unKesi oiroc p102 r?? ?? ? J ? W 1 C ? 1 r.' ,,. a ?, ,', ?_? ?.. 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 LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE VS. Brian Thatcher COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 06-2238CIVIL PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, Brian Thatcher, and assesses the damages as per statement below. FREDERIC I. WE BE G, ESQUIRE PAUL M. SCHOF ELD JR., ESQUIRE Attorney for ntiff Principal $10,776.07 Interest from January 30, 2004 @6% $1,519.87 Total: $12,295.94 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 days for to the date of the filing of this Praecipe. FREDERIC I. INBER ESQUIRE PAUL M. SCHOF JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this y? day of 2006 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of $12,295.94 as per the above certification. ro honotary 2017367 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81899 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE VS. Brian Thatcher COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 06-2238CIVIL 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 $12,295.99. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NBE G, ESQUIRE PAUL M. SCHO , JR.,ESQUIRE Attorney for Plaintiff Dated: June 6, 2006 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 LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE Vs. Brian Thatcher COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 06-2238CIVIL CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; LAGNIAPPE GROWTH & INCOMEFUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE and that the last known address of defendant, Brian Thatcher, 14 Dulles Drive West, Camp Hill PA 17011. GORDON & WEINBERG, P.C. 74< BY: FREDERIC WEI ERG, ESQUIRE PAUL M. S OF D, JR.,ESQUIRE Attorney for Plaintiff 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 LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE Vs. Brian Thatcher COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-2238CIVIL 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, 14 Dulles Drive West, Camp Hill PA 17011; 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 Before me this Day of 2006. Notary Public NNSYLVANIA AL k NaUry PuN nllrA ???ty am 11'?K_ FREDERIC I. W NBERG ESQUIRE PAUL M. SCHOFIE , R. ESQUIRE Attorney for Plaintiff 2017367 ' GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81899 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 LAGNIAPPE GROWTH & INCOME FUND, LL COURT OF COMMON PLEAS AS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY HOUSEHOLD AUTOMOTIVE FINANCE VS. DOCKET NO. : 06-2238CIVIL Brian Thatcher NOTICE OF INTENTION TO TAEE DEFAULT TO/PARA Brian Thatcher 19 Dulles Drive West Camp Hill PA 17011 DATE OF NOTICE/FECHA DEL AVISO: May 23, 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) 299-3166 GORDON & WEINBERG, P.C. BY: _ FREDERIC I WEINBE G, ESQUIRE PAUL M. SC FI , JR., ESQUIRE P10D-2 N QI r? 3 ? ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-02238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAGNIAPPE GROWTH & INCOME FUND VS THATCHER BRIAN SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - ASSUMPSIT was served upon THATCHER BRIAN the DEFENDANT at 2009:00 HOURS, on the 1st day of May 2006 at 14 DULLES DRIVE WEST CAMP HILL, PA 17011 BRIAN THATCHER by handing to a true and attested copy of COMPLAINT - ASSUMPSIT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 26.0 .000 10.00 R. Thomas Kline nn JR.2v Sworn and Subscribed to before me this day of A. D. 05/02/2006 GORDON & WEINBERG BY I Dep y Sheriff Prothonotary 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 2017367 LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE 2101 WEST BEN WHITE BLVD. Austin TX 78704 VS. Brian Thatcher 14 Dulles Drive West Camp Hill PA 17011 and PNC Bank 105 Noble Blvd Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-2238CIVIL 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 Brian Thatcher defendant(s)and (2) against PNC Bank garnishee(s) (3) AMOUNT DUE $12,295.94 INTEREST from June 14, 2006 $1,961.19 COSTS Prothonotary fee Sheriff fee TOTAL FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff ? n I -N TL la ?j, lnl -]y, l GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE identification No.: 41360 JOEL M. FLTNK, ESQUIRE identification No.e 41200 1001 E. Hector Street, Ste 220 Conehohocken, PA 19428 484/351-0500 LAGNIAPPE GROWTH & INCOME FUND, LIB COURT OF COMMON PLEAS AS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY HOUSEHOLD AUTOMOTIVE FINANCE 2101 WEST BEN WHITE BLVD. Austin TX 78704 VS. DOCKET NO. : 06-2238CIVIL Brian Tha 14 Dulles Camp Hill PNC Bank 105 Noble Carlisle, tcher Drive West PA 17011 and Blvd PA 17013 GARNI SHRIC X91191 This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have Legal rights to prevent your property from being taken. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions which may applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached exemption claim form and demand for a prompt hearing; (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GQ TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TQ 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. CVM ]IRL C,OV=X BAR_ ASSOCIATION 33 S g sARFQJR STREET CARLIS&E. PA 17013 (717 249-3166 GORDON & WEINBERG, P , C . BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. PLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 LAGNIAPPE GROWTH & INCOME FUND, LTA COURT OF COMMON PLEAS AS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY HOUSEHOLD .AUTOMOTIVE FINANCE 2101 WEST BEN WHITE BLVD. Austin TX 78704 VS. DOCKET NO. : 06-2238CIVIL Brian Thatcher 14 Dulles Drive West Camp Hill PA 17011 and PNC Bank 105 Noble Blvd Carlisle, PA 17013 GARNISHEE CLAIM, FQR EXEMPTION TO THE SHERIFF: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be in kind) : [ ) (i) set aside in kind (specify property to be set aside [ J (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption) : (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption: [ ] in cash; [ J in kind (specify property) (b) Social Security benefits on deposit in the amount of $_,_,_ (c) Other (specify amount and basis of exemption): I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at: (include address and telephone) I verify that the statements made in this Claim for Exemption are true and correct. I Understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DAVE: Defendant: THIS CLAIM TO As FILED WITH THE L O T : Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 717/240-6390 Note: Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ or :included in a separate direction to the sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the notice. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law EXHIBIT W GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. PLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 LAGNIAPPE GROWTH & INCOME FUND, LL COURT OF COMMON PLEAS AS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY HOUSEHOLD AUTOMOTIVE FINANCE 2101 WEST BEN WHITE BLVD. Austin TX 78704 VS. DOCKET NO. : 06-2238CIVIL Brian Tha 14 Dulles Camp Hill PNC Bank 105 Noble Carlisle, tcher Drive West PA 17011 and Blvd PA 17013 GARNISHEE INTERROGATORIES IN ATTACHMENT TO: PNC Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint 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. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? FREDERIC I. EI ERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff DATED : 146f GORDON & WEINBERG, P.C, BY: F'REDERIC 1. WEINBERG, ESQUIRE Identification. No.: 41360 JOEL M. FUNK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA, 19428 484/351-0500 LAGNIAPPE GROWTH & INCOME FUND, COURT OF COMMON PLEAS LL AS SUCCESSOR IN INTEREST TO CUMBERLAND COUNTY HOUSEHOLD AUTOMOTIVE FINANCE 2101 WEST BEN WHITE BLVD. Austin TX 78704 VS. DOCKET NO. : 06-2238CIVIL Brian Thatcher 14 Dulles Drive West Camp Hill PA. 17011 and ANC Bank 105 Noble Blvd Carlisle, PA 17013 GARNISHEE Commonwealth of Pennsylvania ) County of CUMBERLAND ) WRIT OF EXECUTION - BANK ACCOUNT ONLY TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: Brian Thatcher defendant(s) (1) You are directed to levy upon the property of the defendant(s) and to sell defendant's('s) interest therein: No Levy other than bank account (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC Bank 105 Noble Blvd Carlisle, PA 17013- GARNISHEE - serve only (specifically describe property) and to notify the garnishee(s) that (a) an attachment has been issued: (b) except as provided in paragraph (c) the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; (c) the attachment shall not include funds in an account of the defendant with a bank or other financial institution. (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) that total $300.00 or less. If multiple accounts are attached, a total of $300.00 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42Pa.C.S. §8123. (3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify (him) such other person that he or she has been added as a garnishee and is enjoined as above stated. AMOUNT DUE $12,295.94 INTEREST from June 14, 2006 $1,961.19 COSTS Prothonotary fee Sheriff fee TOTAL , Prothonotary BY: Clerk DATE: 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 LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE 2101 WEST BEN WHITE BLVD. Austin TX 78704 VS. Brian Thatcher 14 Dulles Drive West Camp Hill PA 17011 and PNC Bank 105 Noble Blvd Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO : 06-2238CIVIL WRIT OF EXECUTION (3) AMOUNT DUE INTEREST from June 14, 2006 COSTS Prothonotary fee Sheriff fee TOTAL $12,295.94 $1,961.19 FREDERIC I. WEINBERG, ESQUIRE & JOEL M. FLINK, ESQUIRE 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO06-223$ Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE, 2101 WEST BEN WHITE BLVD., AUSTIN, TX 78704 Plaintiff (s) From BRAIN THATCHER, 14 DULLES DRIVE WEST, CAMP HILL, PA 17011 (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 PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 GARNISHEE(S) as follows: BANK ACCOUNT ONLY 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$12,295.94 L.L.$.50 Interest $1,961.19 Atty's Comm % Due Prothy $2.00 Atty Paid $145.90 Other Costs Plaintiff Paid Date: March 20, 2009 Cur is-R. Long-%,d fibno (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C., 1001 E. HECTOR STREET, STE 220, CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 Sheriffs Office of Cumberland County R Thomas Kline Clot,? st cumbe..4 Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy 4FPCE OF inE *tQRIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 09:22 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 03-26-09 at 0922 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Brian Thatcher, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Deb Elliott, Branch Manager personally three copies of interrogatories together with three true and attestec 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 03-30-09 to Brian Thatcher at his last known address of 14 Dulles Drive West, Camp Hill, PA 17011 S. 06-2238 So Answers, Lagniappe Growth & Income Fund., LL vs , Brian Thatcher R. Thomas Kline, Sheriff- By: Dep y Sheri f FILED--C)i+? uF I-F THE F" "; -'- ,i???-AA?? 2009 MAIR 3 I Phi 2* 11 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 LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. BRIAN THATCHER and : NO. 06-2238 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. Date: FILEUq FiuE OF THE Pr-l.,7i 1r) 1101TAPY 2009 APR 16 PH 3: 38 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 LAGNIAPPE GROWTH & INCOME FUND, LL COURT OF COMMON PLEAS AS SUCCESSOR IN INTEREST TO COUNTY OF CUMBERLAND HOUSEHOLD AUTOMOTIVE FINANCE vs. BRIAN THATCHER and NO.06-223 8 PNC BANK, NATIONAL ASSOCIATION, : GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE, Plaintiff 1-6. In the present case, the Bank has an account balance of $2,954.23 an account(s) titled jointly to the judgment debtor and a non-party(ies). The Bank is unable to admit the above- referenced joint account balance as a debt owed to the judgment debtor. 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 and must allow for the general monetary exemption under 42 Pa.C.S. § 8123. In addition, pursuant to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be determined and deducted from the attached funds. 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? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 1 ' (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? If so, identify each account. (A) No. Date: 'VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. x4904, relating to unsworn falsification to authorities. Re: Lagniappe Growth & Income Fund, LL as Successor In Interest to Household Automotive Finance vs: Brian Thatcher Name Garnishment Processor Position DATE: ( 0 Lit-233946.1 Ri.C`l1 I Iv_ OF THE F x? A.RY 2009 MAY -8 PM 12: ? 3 2019347 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 LAGNIAPPE GROWTH & INCOME COURT OF COMMON PLEAS FUND, LL AS SUCCESSOR IN CUMBERLAND COUNTY INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE E VS. Brian Thatcher and PNC Bank Garnishee DOCKET NO. : 06-2238CIVIL PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with PNC Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. ee? BY: FREDERI I. INBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiff POll FILED-3L"'I 'l OF T"ic P, P-2009 MAY 18 PM 3 11 CUM, L 4 .06 PC4 - a4 644 {/O.5-0 ft# aas- ago SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire, I.D. No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. BRIAN THATCHER NO. 06-2238 and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BANK, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, 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: 300.00 Notary Charges: 0.00 Entry of Appearance: 0.00 Answers to Interrogatories: 0.00 Order to Discontinue or Satisfy: 0.00 Other: \ \$ 0.00 ?TAL: JON C. IN Atto v for Costs are hereby taxed in the amount of $ . this _ N day of , 2009. ARY BY: HE: I PY 2?i13 91;fA" 27 a;P l,3e ;; a Cull p r LWVIY? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Depu, y Edward L Schorpp Solicitor Lagnaippe Growth & Income Fund, LL vs. Brian Thatcher G4'?°t??+ a[ ?giritFrf?t Case Number 06-2238 SHERIFF'S RETURN OF SERVICE 03/26/20053 09:22 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 03-26-09 at 0922 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Brian Thatcher, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Deb Elliott, Branch Manager 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 her. The writ of execution and notice to defendant was mailed on 03-30-09 to Brian Thatcher at his last known address of 14 Dulles Drive West, Camp Hill, PA 17011 S. 03/30/2010 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: $87.15 SO ANSWERS, March 30, 2010 RON R /MDERSON, SHERIFF 13 Simon R. Lantz r' .06) 10,4, Co - " 0 70 I') Countysufte Sheriff, Tel40Solt irt;. l T . r < < n.. 201o hAR 31 Pti i2.-A ?uPENNE- LVA"A- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-2238 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LAGNIAPPE GROWTH & INCOME FUND, LL AS SUCCESSOR IN INTEREST TO HOUSEHOLD AUTOMOTIVE FINANCE, 2101 WEST BEN WHITE BLVD., AUSTIN, TX 78704 Plaintiff (s) From BRAIN THATCHER, 14 DULLES DRIVE WEST, CAMP HILL, PA 17011 (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 PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 GARNISHEE(S) as follows: BANK ACCOUNT ONLY 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$12,295.94 Interest $1,961.19 Atty's Comm % Atty Paid $145.90 Plaintiff Paid Date: March 20, 2009 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs 1441t Cu s R. Lon o t By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C., 1001 E. HECTOR STREET, STE 220, CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 ,_