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HomeMy WebLinkAbout06-2821IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. CHRISTOPH J HALL Defendant No : (No - ;Z pa I (2,v; t? 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 05076544 C A Pit KEB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No CHRISTOPH J HALL 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: CHRISTOPH J HALL 99 MOUNTAIN LN NEWBURG, PA 17240 3. Defendant applied for and received a credit card bearing the account number 5291491592417610 . ,t,card and has a current balance 4. Defendant made use of said credi due of $8836.25 , as of May 08, 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 19.8005 per annum on the unpaid balance from May 08, 2006 . A copy of Plaintiff's APPLICATION is attached hereto, marked as Exhibit I'll, and made a part hereof. y 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 , CHRISTOPH J HALL , INDIVIDUALLY , in the amount of $8836.25 with continuing interest thereon at the rate of 19.800% per annum from May 08, 2006 plus costs. v V 4! - of James armbrodt,42' 4 WELT WEINBERG & REIS CO., L.P.A. 436 v nth Avenue, Suite 2718 Pit b rgh, PA 15219 (41 j 34-7955 F 12-338-7130 0 7 544 C A Pit KEB This law firm is a debt collector attAX*ting to collect this debt for our client and any information obtained will be used for that purpose. N O 10 j II L- V11 ie %, 6 a? W NI w V ?NN V N C O a W N ?D a O O N a O N a TF 3 C 9 v 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 :SP' m e I (NAME) of r " ?vLG_.. plaintiff herein, that (TITLE) - (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, information and belief. (SIG ATURE) WWR# 0???L\? ?? \ N ^C W ? c ^^.fl ? ?. G 1? 'F,?-- ?,_,` p "Fi 9 t t•? ? -?. -per T)? ? U : ? r ?n i ..: .? ?'i ? <?; ?- rn ? 7% C 2 W -? ? u1 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. CHRISTOPH J HALL Defendant No. 06-2821 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05076544 Judgment Amount $ 9114.27 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 CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-2821 CIVIL TERM CHRISTOPH J HALL Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, CHRISTOPH J HALL above named, in the default of an Answer, in the amount of $9114.27 computed as follows: Amount claimed in Complaint $8836.25 Interest from 05/0806 at the legal interest rate of 19.80% per annum $278.02 TOTAL $9114.27 1 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. MOL AN, QUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05076544 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known add!iess of the Defendant is: 99 MOUNTAIN LN NEWBURG,PA 17240 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff CHRISTOPH J HALL Defendant(s) IMPORTANT NOTICE TO: CHRISTOPH J HALL 99 MOUNTAIN LN NEWBURG,PA 17240 r, Date of Notice: WWR#: 05076544 Case # 0&- o?2S21 CkVL(-,(r('7'1- 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 BY: JAMES W BRO'DT, I ESQUIRE PA I.D 42524 WEL WEINBERG & REIS CO., L.P.A. 2718 K PERS BLDG, 436 7TH AVE. PIT S GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. CHRISTOPH J HALL Defendant Case no: 06-2821 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the ly authorized agent of the Plaintiff in the within matter. Affiant further Ittes 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, CHRISTOPH J HALL 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, CHRISTOPH J HALL is not in the military service. Further Affiant sayeth naught. ---?/? ---.-- AFFIANT SWORN TO A of ?'?.`? NOTXRY PUBLIC my presence this !day L. Gault, Notary Public sburgh, Allegheny County rV'H'Pq JUIV 151 2006 e.?YU:. nw .'r4? 14 { F R.?? This law firm is a debt collector attempting to collect this debt for our client alpd 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 JUL-05-2006 11:25:38 -16 Last Name First/Middle Begin Date Active Duty Status! Service/Agency HALL CHRISTOPH J 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. r 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 (D$ERS) 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.defenseIink.mil/faq/pisfPC09SLDR.htmi WARNING: This certificate was provided based on a name and Socials Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/5/2006 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 ID:KHHIRFFDHE, https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/5/2006 ?c ?. 9?, v 7t a? -W. ~Z d F IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-2821 CIVIL TERM CHRISTOPH J HALL Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or udgment was entered against you on I aC>6(s (xx) Assumpsit Judgment in the amount of $9114.27 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: P,4 P(OR-DEPttf ) CHRISTOPH J HALL 99 MOUNTAIN LN NEWBURG,PA 17240 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-02821 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HALL CHRISTOPH J WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HALL CHRISTOPH the DEFENDANT , at 1630:00 HOURS, on the 26th day of May , 2006 at 99 MOUNTAIN LANE NEWBURG, PA 17240 KATY MARSHALL, ROOMMMATE by handing to ADULT IN CHARGE 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 18.00 Service 17.60 Affidavit .00 Surcharge 10.00 .00 45.60,/ Qrw, 7/110 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/30/2006 WELTMAN WEINBERG REIS By: ??. a//w Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHRISTOPH J HALL Defendant MEMBERS FIRST FCU, Garnishee, No. 06-2821 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT and LEVY) 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#05076544 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-2821 CIVIL TERM CHRISTOPH J HALL ?cA mt?Jt'l?c?,,/1 -n% Ue('?t]` r, T NO Defendant _ MEMBERS FIRST FCU, - ? G ?? `}'? ???? ''h?F??V z 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:'?? ?z?? uk:?r; C(G1??S`2 L 2. against CHRIS"hOPH J HALL, Defendant c -? - 3. against MEMBERS FIRST FCU, Garnishee 4. Judgment Amount $ -444?7 799AI- 37 Less payments of $ (1119.90) Interest $ 330.85 Costs $ SUBTOTAL: $ 8325,22 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: ? - William T. Molczan, Esq ' e PA I.D. 447437 WELTMAN, WEINBERG & REIS CO.. L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05076544 E n n C c w Q r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2821 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK Plaintiff (s) From CHRISTOPH J HALL, 99 MOUNTAIN LN, NEWBURG, PA 17240 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ANY/ALL DEFENDANT'S PROPERTY. (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 FIRST FCU, 105 W KING ST, SHIPPENSBURG, PA 17257 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 $7994.37 L. L. $.50 Interest $330.85 Atty's Comm % Due Prothy $2.00 Atty Paid $137.10 Other Costs Plaintiff Paid Date: 04-18-07 Curtis F/ Long, Proth ary (Seal) By: Deputy 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 Supreme Court ID No. 47437 l-f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. CHRISTOPH J HALL Defendant and MEMBERS FIRST FCU Garnishee No. 06-2821 CIVIL TERM 1q-A5 w e.-5 IV, 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#05076544 4. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. CHRISTOPH J HALL Defendant and MEMBERS FIRST FCU Garnishee Civil Action No.: 06-2821 CIVIL TERM TO: MEMBERS FIRST FCU Suggested Reference No.: XXX-XX-2556 105 W KING ST SHIPPENSBURG PA 17257 RE: CHRISTOPH J HALL 99 MOUNTAIN LN NEWBURG,PA 17240 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. 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? , I O 2. If the answer to Interrogatory I 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. N O 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? k 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? ? O 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? No 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? A O 12. If the answer to Interrogatory 11 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. Molczan, EAuire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#05076544 a ? -?? ..? _ ..J.r ?t -?! ," l L.. , iJ e 4 4?? Y ('? i.. ?? t Y`i^ 1 w t ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CMUSTOPH J HALL Defendant and MEMBERS FIRST FCU Garnishee No. 06-2821 CIVIL TERM AnSwerS 4r-) C) ? 0 INTERROGATORIES IN ATTACHM IT ° -n MEMBERS FIRST FCU' - s 171 c) `1 C"rl 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#05076544 w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHRISTOPH J HALL Defendant and MEMBERS FIRST FCU Garnishee Civil Action No.: 06-2821 CIVIL TERM TO: MEMBERS FIRST FCU Suggested Reference No.: XXX-XX-2556 105 W KING ST SHIPPENSBURG PA 17257 RE: CHRISTOPH J HALL 99 MOUNTAIN LN NEWBURG,PA 17240 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. 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? 0 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. I V O 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? lob 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. AcfA'--* 18q 2.O'&rc?ov???r 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? 00 0 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? No 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? 00 0 12. If the answer to Interrogatory 11 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. Molczan, EAuire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05076544 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-02821 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HALL CHRISTOPH J And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:25 Hours, on the 27th day of April , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT HALL CHRISTOPHER hands, possession, or control of the within named Garnishee MEMBERS FIRST FCU 1166 WALNUT BOTTOM ROAD , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BRIAN PETERS (MANAGER) 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 s/ai fb 9 ? .00 Sworn and Subscribed to before me this day of true and made So a rarr`? R. Thomas Kline Sheriff of Cumberland County 05/18/2007 r, By Deputy Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 136.17 Docketing $ 18.00 163.83 Poundage 2.67 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 06/13/07 Mileage 24.00 Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 9.00 Postage TOTAL $ 136.17 ? ?1° ??7 So Ans ers• R. Tho as Kline, Sheriff By 1 PQ L? ` ?? U'.I is :?? , -55'D 5k F qj, r ?o 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2821 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK Plaintiff (s) From CHRISTOPH J HALL, 99 MOUNTAIN LN, NEWBURG, PA 17240 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ANY/ALL DEFENDANT'S PROPERTY. (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 FIRST FCU, 105 W KING ST, SHIPPENSBURG, PA 17257 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 $7994.37 L.L. $.50 Interest $330.85 Atty's Comm % Due Prothy $2.00 Atty Paid $137.10 Other Costs Plaintiff Paid Date: 04-18-07 Cit6is R. , rothonotar}/ (Seal) By: (//J Deputy 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 Supreme Court ID No. 47437 I (7) r., `- `' C) C3 r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANU CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. CHRISTOPH J HALL Defendant MEMBERS FIRST FCU Garnishee No. 06-2821 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE MEMBERS FIRST FCU ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5076544 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHRISTOPH J HALL Defendant MEMBERS FIRST FCU Garnishee Civil Action No. o6-2821 CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, MEMBERS FIRST FCU, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, MEMBERS FIRST FCU, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James t r odt PA I.D WELT EINBERG & REIS CO., L.P.A. 2718 K / uilding 436 Se th enue Pittsbu 15219 (412) 4 6544 t',r, tarie- Sworn to and subscribed Before me the Day of SEPTEMBER nnnn 06 0 c.J ,.1 '[ co