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HomeMy WebLinkAbout06-2768IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Oo VS. COMPLAINT IN CIVIL ACTION JOHN E POTTEIGER 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 04914860 C A Pit VOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No JOHN E POTTEIGER Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: JOHN E POTTEIGER 1215 BRIDGE ST NEWCUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5291151784152504 . 4. Defendant made use of said credit card and has a current balance due of $3126.69 , as of May 03, 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 20.650% per annum on the unpaid balance from May 03, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit 111" 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 , JOHN E POTTEIGER , INDIVIDUALLY , in the amount of $3126.69 with continuing interest thereon at the rate of 20.650% per annum from May 03, 2006 plus costs. V 0.11LG7 •• at? - a v u-, zu-- WELT WEINBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pi sb rgh, PA 15219 (4 2) 434-7955 F : 412-338-7130 0 4860 C A Pit VOC 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. m1 Your account is delinquent. We want to help! i -) To protect your credit with us, you need to make a payment -3 We can help-but only if you call us. -)When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. call usl 1-800-479-7231 CaplfalOnea GOLD MASTERCARD ACCOUNT 5291-1517-0415-2501 JAN 20- FEB 19, 2003 Pyre1 at Account P.4.4 uam $1,739.91 Pay 4 Gtdin and Adjaeuxam $54.00 Tno.cioro $50.00 Fran Chrga $3173 New Ed. $1,775.14 Mil .Anna D. $1,775.14 Payment D. Dam March 19,2003 Taw C4dit U. $1,000 Taal A.+O.Ne Calk $.00 Cndk lire fa Ch $1,000 A.d1aNe Credit fix Cash $.N Atlourseevice T. m C.emma R4ak... en. ke r nAa erd: 1-800-903-3637 Fa sm en?e aemevt vi,=.od epal wmea eHa., bg w m: ww.eiuleanrm Bed pgmee m, Sedirsed. m: Am: R?.m Pner:y P.O. Be P.O. Be 6m5 R:Lwa4VA VA]3116 Rid,.. 4 VA 2)385-5011 Paym n,CtedimanJAdjustmenm 1 18FEB DIRECT DEBIT PAYMENT $54.0 Tnmaodon 2 20 JAN OVERLIASIT FEE u9.00 3 79FRB PASLDUEFEE 29.00 Fnuem Ch$gea y9rarearnern&*.Pdr iyinwarrs X m ? C-. M69 PURCHASES SWK .05654%P 10.65% $273 CASH a1p5525 AS65$yP xM $551 ANNUAL PERCENTAGE RATE applied thispellod 20.65% PLEASE RETURN POR'nON BELOW WITH PAYMENT. cw 0000000 0 5291151784152504 19 1775140054001775145 New EJante $2,77T4 Minimum Ao t Doe $1,775.14 swa Aye a Rgmem Doe Dre March 19, 2003 Ctq ae. 7 P Tend erdoed f xo-.Poe., AMeasew A.m Nomba. 5291-1917-0115-2501 -aAaa,e #9005176162198507# MAIL ID NUMBER Capital One Sank JOHN E POTTESGER PO. Sox 55347 Illu,llutluJluld m 1215 MIDGE STREET RichmOnd, VA 23276 NEN CUMBERLAND PA 170]0-163] L,lelull,eJ,IluddletlL,dludludLnllud6ullutl ° 1- Plwe,oiro5wvaaera aaeMmyaardaasrry ?wafrpryabkro Capt'hlOrBsakndeai7ia Kseadaedmwrleh VERIFICATION The undersigned does hereby verify subject to the Ta'lties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is (NAME) of , plaintiff herein, that 'T1TLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, inform W WR# TJ (J ? J 1 ? n ? p c ? r m 1 ? 1a v F "? 0(/) IN THE COURT OF COMMON PLEAS OF C';'MPERLAND COUNTY, PENNSYLVANIA CIVIL :`;VISION CAPITAL ONE BANK, Plaintiff vs. JOHN E POTTEIGER Defendant No. 06-2768 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT i aLED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: cries C. Warmbrodt, Esquire " `i:D.'#42524 VELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 Judgment Amount $ 3222.21 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. °.•IIiL"i,.. v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JOHN E POTTEIGER i-i; Civil Action No. 06-2768 CIVIL TERM :y* Defendant Ji!; , , , , ,.-• PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JOHN E POTTEIGER above named, in the default of an Answer, in the amount of $3222.21 computed as follows: Amount claimed in Complaint $3126.69 Interest from May 3„ 2006 to June 26, 2006 at the legal interest rate of 20.65% per annum $95.52 TOTAL $3222.21 I hereby certify that appropriate Notices of Defildlt; 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 James PA 1.1i FN/AN, WEINBERG & REIS CO., L.P.A. ppers Building eventh Avenue irgh, PA 15219 434-7955 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 71h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1215 BRIDGE ST, NEWCUMBERLAND,PA 17070 ?` l 'IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff JOHN E POTTEIGER Defendant(s) IMPORTANT NOTICE TO: JOHN E POTTEIGER 1215 BRIDGE ST NEWCUMBERLAND,PA 17070 Date of Notice: WWR#: 04914860 Case q - YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF,.YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 c BY : C L) JAMES T BRODT, ESQUIRE 42524 PA 1. y /F WELT WEINBERG & REIS CO., L.P.A. 2718 K PERS BLDG, 436 7TH AVE. PIT S RGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION" CAPITAL ONE BANK, Plaintiff VS. JOHN E POTTEIGER Case no: 06-2768 CIVIL TERM NON-MILITARY AFFIDAVIT Defendant 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 {nvestiOllo?,, 2.k the affiant's belief that the Defendant, JOHN E POTTEIGER 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, JOHN E POTTEIGER is not in the military service. A Further Affiant sayeth naught. AA TO S SCRIBED in my presence this Z? day COMMONWEALTH OF PENNSYLVANIA Notarial Sea) u. Kelly, Notary f t' PLKj LI ttsburgh, Allegher ii,sslor, Expires Nc annsylvania Assovatl. nas 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 f',rz' ib i? ?'-! Request for Military Status . Department of Defense Manpower Data Center 49 Military Status Report Pursuant to the Servicemembers Civil Relief. Act Page 1 of 2 JUN-26-2006 13:36:21 A. Last Name First[Middle Begin Date Active Duty Status Service/Agency POTTEIGER JOHN E 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. Cy- 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-ateorganization 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: http://www.defenselink.mil/faq/pis/PC09SLDR.htm_l WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmde.osd.mil/scra/owa/scra.prc_Select 6/26/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report !D: JAOPHNHJFM !.a https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/26/2006 et ii \1 3 aJ ?O Q V 4( J_ ? ) r ?1 M j} { t.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JOHN E POTTEIGER Defendant JOHN E POTTEIGER 1215 BRIDGE ST NEWCUMBERLAND,PA 17070 Civil Action No. 06-2768 CIVIL TERM ?I NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following OrderJ?r J dgment;wals entered against you on ?)/?.vy eW(?b (xx) Assumpsit Judgment in the amount of $3222.21 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 Trbilikotarv Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7ch Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-02768 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BAN VS POTTEIGER JOHN KENNETH GOSSERT, , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE POTTEIGER JOHNIIE was served upon the DEFENDANT at 1655:00 HOURS, on the 18th day of May 2006 at 1215 BRIDGE STREET NEW CUMBERLANDr PA 17070 by handing to JOHN POTTEIGERi a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costls: Docketing 18.00 Service 14.96 Affidavit .00 Surcharge 10.00 .00 42.96 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/19/2006 WELTMAN WEINBERG REIS By: ??/ al e ty Sh i f // T- Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline FILED !',F TICE Sheriff ~r Tt?? m`,., : T RY t ?uinb?ry$m Ronny R Anderson too, 2909 No'i 16 Hi Chief Deputy r Jody S Smith A ?. CLftir'_: J; iY Civil Process Sergeant OFFICE OF THE SkERIFF wLh Edward L Schorpp Solicitor Capital One Bank vs. Case Number . John E Potteiger, Jr 2006-2768 SHERIFF'S RETURN OF SERVICE 11/12/2009 12:45 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1245 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: John E. Potteiger Jr., in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Tania Young, Deposit Operations Representative, 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 November 13, 2009 to John E. Potteiger, as 1215 Bridge Street, New Cumberland, PA 17070. So Answe , R. Thomas Kline, Sheriff By Deputy S r ff (0) CountySuite Shenft. Teleosoft. Inc. RECEIVED NOV 1 2 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JOHN E POTTEIGER Defendant and MEMBERS I ST FCU Garnishee No. 06-2768 IVIL TERM INTERROGATORIES IN ATTACHMENT MEMBERS 1s'r 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JOHN E POTTEIGER Defendant and MEMBERS I ST FCU Garnishee Civil Action No.: 06-2768 CIVIL TERM TO: MEMBERS I ST FCU Suggested Reference No.: XXX-XX-0649 5000 Louise Dr Mechanicsburg, PA 17055 RE: JOHN E POTTEIGER 1215 BRIDGE STREET NEW CUMBERLAND, PA 17070 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, the 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. RECEIVED NOV 1 2 2009 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 on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? ?o I a. 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. MA 2. 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. 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 part by the defendant or in which defendant held or claimed any interest? N0 4. 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 5. 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? Nb 6. 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? NO 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 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. ?V AAA O-JU d WELTMAN, WEINBERG & REIS CO., L.P.A. By: William . Molcza squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 S MEMBERS 1st FEDERAL CREDrr UNION November 12, 2009 Name: John E Potteiger Address: 1215 Bridge Street New Cumberland, PA 17070 Account Number: XXX661 Name on Account: Andrea D Potteiger John E Potteiger (Joint) Money Management: $3,967.51 25.00 Processing Fee $3,942.51 $300.00 Statutory Exemption was taken out. oDeposit Operations Analyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwmemberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. SIGNATURE) RLELE R E P" ,'A 0 N 0 V 16 PM 3: i" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JOHN E POTTEIGER Defendant MEMBERS 1 ST FCU, Garnishee, No. 06-2768 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-2768 CIVIL TERM JOHN E POTTEIGER , I a15 Se,tPGE ST) gW G,Ubtd3MLt%X1 )N , PA r70-7C> Defendant MEMBERS 1 ST FCU, 5oco LOVISE DR , Me-04, PA 170!S Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against JOHN E POTTEIGER, Defendant 3. against MEMBERS IST FCU, Garnishee 4. Judgment Amount $ 3222.21 Less payments of $ 57.04 Interest $ 640.38 Costs $ SUBTOTAL: $ 3805.55 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, uire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 O Tt ' ZIO9 NIOV -4 Pill 1: 00 L: ?-.5o Poo ATTY Ato 88F 55.50 n « a.50 $131. fi(.- - Pt? AThf 4,2.0010ue • So LL ee 4-&31 3(0. a 3x.993 U,)rt+of &'. 4AALtj WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2768 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From JOHN E. POTTEIGER, 1215 Bridge Street, New Cumberland, PA 17070 (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: MEMBERS 1sT FCU, 5000 Louise Drive, Mechanicsburg, PA 17055 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 $3,165.17 L.L. $.50 Interest -- $640.38 Atty's Comm % Atty Paid $134.46 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 11/04/2009 (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF ---r --v Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. .JOHN E POTTEIGER Defendant MEMBERS FIRST FCU Garnishee No. 06-2768-CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., 1_-P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R404914860 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-2768-CIVIL TERM JOHN E POTTEIGER Defendant MEMBERS FIRST FCU Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, MEMBERS FIRST FCU , in the amount of $3642.51, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MOLC?AN, ESQUIRE PA I.D.#47437 // Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 I hereby certify that the address of the Plaintiff 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 Garnishee is: 5000 LOUISE DR, MECHANICSBURG, PA 17055 LYq ILabo 1 (11, st MEMBERS 1St FEDERAL CREDIT UNION November 19, 2009 William T Molczan, Esq. 1400 Koppers Building 436 Seventh Avenue Pittsburg Pa 15219 RE: Writ of Execution for John E Potteiger Dear Mr. Molczan: A search of our records has revealed one savings account bearing the name John e Potteiger with an address of 1215 Bridge St, New Cumberland, Pa 17070. The savings account reflects an available balance of $3,942.51. The savings account reflects a zero or less balance. Pursuant to the writ, all funds in the aforementioned accounts have been frozen and the accounts have been restricted from any further activity. Pursuant to Rule 3111.1 of Title 231 as promulgated and made effective on April 1, 2007, the total balance of both accounts exceeds the general monetary exemption under 42 Pa. C.S. § 8123 and are therefore attachable. The full amount of the attachable funds is contained in the interrogatories as filed with the Cumberland County Prothonotary. Since the funds contained in these accounts are attachable, and the accounts have been frozen and restricted from any further activity, no additional funds will be available for attachment. Should you have any questions or need any additional information, feel free to contact me at (800) 283-2328, ext. 6353. Sincerely, 4 Aq!- Jody LBurkholder Deposit Operations Analyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org f t RECEIVED RECEIVED NOV 19 2009 NOV 12 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JOHN E POTTEIGER Defendant and MEMBERS I ST FCU Garnishee No. 06-2768 CIVIL TERM INTERROGATORIES IN ATTACHMENT' n MEMBERS 1s'r FCU ' n FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 V , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JOHN E POTTEIGER Defendant and MEMBERS 1 ST FCU Garnishee Civil Action No.: 06-2768 CIVIL TERM TO: MEMBERS 1sT FCU Suggested Reference No.: XXX-XX-0649 5000 Louise Dr Mechanicsburg, PA 17055 RE: JOHN E POTTEIGER 1215 BRIDGE STREET NEW CUMBERLAND, PA 17070 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, the 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 Gamishee-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. 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 on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? No 1 a. 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. MA 2. 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. ?D 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 part by the defendant or in which defendant held or claimed any interest? ND 4. 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 5. 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? N 0 6. 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? ND 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. No 8. 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. ?u A WELTMAN, WEINBERG & REIS CO., L.P.A. By: William . MolLa squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914860 A rV1 MEMBERS 1st FEDERAL CREDIT ONION November 12, 2009 Name: John E Potteiger Address: 1215 Bridge Street New Cumberland, PA 17070 Account Number: XXX661 Name on Account: Andrea D Potteiger John E Potteiger (Joint) Money Management: $3,967.51 2( 5.00) Processing Fee $3,942.51 $300.00 Statutory Exemption was taken out. ody Burkholder Deposit Operations Analyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org N VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (S ATURE) FLED-.,y °1, - ( 2009 DEC 17 € ii 12: I i ry t4.oo Qp ,V*ggalbiq a 3ltoo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-2768-CIVIL TERM JOHN E POTTEIGER Defendant MEMBERS FIRST FCU Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment wa entered against you on - A/17 A9 (xx) Assumpsit Judgment in the amount of $3642.51 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 ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: S dx-eA- IC .._ DX6 - PHONOTARY (OR DE UTY) Members l s` Fcu 5000 Louise Dr Mechanicsburg, Pa 17055 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 04914860 Attorney for Plaintiff(s) n c - C- C/) rU r DISCOVER BANK vs. JOHN E POTTEIGER and MEMBERS 1 ST FEDERAL CREDIT UNION Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 06-2768 CIVIL TERM PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), MEMBERS 1sT FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James q. Varmbrodt, Esquire Attorne fdr Plaintiff Sworn to and subscribed Before me the -? D"f December, 2009 C©MM2?W? RXN SY LAN ?m lt N"ri? 11 Cy of *A Jon", NQ*ry gubolo of Pftg Ali"heny Coo" My ComnrlifilOrl Juro 20, 2074 Member, Penne on Notaries N 7 r F"T't $ c o p Pt A7y'-/ ekv 4408(,05 e Fi1.q}-?rl? • OF THE PFOTHOWTARY 2010 MAR -2 AM 11 : 21 PEINII NS`,1VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JOHN E POTTEIGER Defendant(s) No. 06-2768 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR#4914860 JAM Fr r ear .ys a7vzl ?--44-c? 38a.;3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-2768 CIVIL TERM JOHN E POTTEIGER Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WEL,TMAN, WEINBERG & Rl:IS CO., I,.P.A. By: James C. W PA I.D. # 4: WELTMAI, 1400 Kopp 436 Seve Pittsburg , (412) 43 dt, Esquire G & REIS CO., L.P.A. rs Building h venue A 15219 999 WWR #4914860 Sworn to and subscribed before me this ,;2 a. day of January, 10 ! .._ A .?.- COMMUNWEAL' M OF 00CNWYWAANIA ARY PU IC Note& .®ai Wayne A. Jqn", Notery Public City of Pith6u h, A WW*ny County My Commission June 29, 2010 Membor, Pennsylvania Association of Notaries .N .y Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?t ,??'i Ott ?(1 EQ-Lr? t 2010ARR -7 ASK 10: 12 QFF?t°F "I. ?-ERiFF CUM! r _;J, l y Capital One Bank (USA) vs. John E Potteiger, Jr SHERIFF'S RETURN OF SERVICE Case Number 2006-2768 11/12/2009 12:45 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1245 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: John E. Potteiger Jr., in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Tania Young, Deposit Operations Representative, 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 November 13, 2009 to John E. Potteiger, as 1215 Bridge Street, New Cumberland, PA 17070. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $91.17 SO ANSWERS, April 06, 2010 RON R ANDERSON, SHERIFF r By Sharon R. an z oo pd. CD. tC)Counr j y0 /S S' . f5uite SherYf, Teeosof7. Inr,. ` 'I - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2768 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From JOHN E. POTTEIGER, 1215 Bridge Street, New Cumberland, PA 17070 (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: MEMBERS 1sT FCU, 5000 Louise Drive, Mechanicsburg, PA 17055 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 $3,165.17 Interest -- $640.38 Atty's Comm % Atty Paid $134.46 Plaintiff Paid Date: 11/04/2009 L.L. $.50 Due Prothy $2.00 Other Costs .4,? P. i . Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437