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Home My WebLink About06-4499 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Vs. NOBLE MCLAUGHLIN Defendant No: 6L - q4f Q 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 05302753 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK VS. Plaintiff Q Civil Action No ?lV NOBLE MCLAUGHLIN 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: NOBLE MCLAUGHLIN 364 W NORTH ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4121741732137356 4. Defendant made use of said credit card and has a current balance due of $990.83 , as of July 25, 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 22.400% per annum on the unpaid balance from July 25, 2006 . A copy of Plaintiffs 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 , NOBLE MCLAUGHLIN , INDIVIDUALLY , in the amount of $990.83 with continuing interest thereon at the rate of 22.400W per annum from July 25, 2006 plus costs. Jam s C. Warmbro ,42524 /1' v11v WE M , WEINBERG & REIS CO., L.P.A. 43 eventh Avenue, Suite 2718 920753 burgh, PA 15219 434-7955 412-338-7130 C A Pit WLG This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. A $ , ma Capital One* Values You As A Customer! if you are unable to pay the amount due at this time, we strongly urge you to call us immediately at 1-800-955-6600, we are willing to work with you to help you out of your current financial situation and resolve the delinquency of your account. Don't further damage your credit. Your account will soon be reviewed to be charged-off as bad debt. If your account is charged-off, you will still be responsible for the debt, but it will be listed on your credit report and could prevent you from receiving credit cards, loans and even affect future employment and housing opportunities. :0 2001 Capital One Services, Inc. Capital One Is a fede2py malslered service mark. All rights reserved. Bt4-pope Q*ftalOw AccountS pmioa. Balanx $940.65 PrymentA Cmdita and Adjuamena $50.00 Trnnntliom $50.0 Fi. Charges MAO $25.00 25.0 We undermand that eometima it may be diffcidt to pay5our bill on time. Teets whyweWm waivedpaudue Total C.dn Line $200 to oawlimk fees fm this billing period in order to help you return yom account to grad mndiag Enter. With Total Avaihble Credit $.m our f. waiver program, more ofyour payment will be applied to your outstanding bdarce, therebyrducng Credit Lim for Can ' $200 the unount you owe more quiddy. Firanm chngea wiB coodnue to applym your a.oum, an he still in your AtaBable Cmd a f. Cash $100 ban income to make the Wrgent payment ponsible. Thu waits is for this billing period only. New Balance $959.05 3 28NOV PAST DUE FEE Mmimmo Amount D. $959.05 4 28 NOV OVERLIMIT FEE Payment D. D. January26, 2002 Atyourservice T. ed Cwmeaer .wm repen.]on. m1an card: 1-m0-262-I03 Fw here mfiae ameunt,emm.nd,FaiY,n.mmr dBrv, b$ on m: capWoneaa Saar imam to: Smd ingoutwe A.: Renown. Pave GpwlOaSrvim Cyitel One Bandon P.O. Buz 9147 PO. &a 15015 Ridmaod,VA37276 %c!%.nd,VA1 -5015 ImmomatActmant Infamntion Capital One, ESPN, and ABC Sporn are taking to the fn Fnd'von tlda.... T. in every weak fa green.11%, otball and the Capital Om HalBime Show. Than on New Years Dry, 1. axe to watch the Capital Om Florida Citron Bowl-in which two ofAmnria'a college teaou.mpete in then find game ofthe anion. Ifs fix" action yan won't team to mnsa be eve to chedc your lad Bstinbw for gam. and time. 05746P VISA ACCOUNT 4121-7417-3213-73% NOV 28 - DEC 27, 2001 Page I of I Payments, Credits andAdjustmenn 1 27 DEC PAST DUE FEE CREDIT $25.0)- 2 27 DEC OVERLIMIT FEE CREDIT 15.O Transaction, EXHIBIT F`mance Charges Wares«.o .kja i pwmaliRA,a . Rdaaea Fl.irly Cm,aabr E .fflalb m, dPpRk PURCHASES $999.51 .0613mp l24e6 S1&n CASH to .0613mp u4096 $.m ANNUAL PERCENTAGE RATE applied this peric l PLEASE RETURN PORTION BELOW WITH PAYMENT. ~Drfe?' 0000000 0 4121741732137356 27 0959050075000959052 New Balams $959.05 A.o p:,r.adr,mwtr. Mkaa:,eASawu.d:A Minimum Ameot D. $959.05 snwt Aµ1 Payment Due Date Januvy26, 2002 Ciw Sun 9P Total emla.d f -_-a-- Capital One Bank P.O. Box 85147 Richmond, VA 23276 InldadLaddl.ddLdl.JI,rJIeallr,aUanll.,llwil I? #9036273403739081# MAIL ID NUMBER NOBLE MCLAUGHLIN 145 N POMFERT ST 2 _ CARLISLE PA 17013 o Ame witepura mast aaaiw myon 46x4 w wnry.da aadspryeb! to Capird OneBa.d and,aail in the mdwaaf. Apr 22.40% I- VERIFICATION The undersigned does hereby verify subject to the p 7ra f 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is L JO 0 (NAME) f-T( I(J(1 C of . 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, W WR# vt Cy `W w SHERIFF'S RETURN - REGULAR CASE NO: 2006-04499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCLAUGHLIN NOBLE JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCLAUGHLIN NOBLE the DEFENDANT , at 1419:00 HOURS, on the 16th day of August 2006 at 364 WEST NORTH STREET CARLISLE, PA 17013 by handing to JEREMIAH MCLAUGHLIN, SON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 So Answers: Surcharge 10.00 R. Thomas Kline .00 32.40/ 08/17/2006 WELTMAN WE INBERG RE I S Sworn and. Subscibed to By: before me this day Depu y/ Slxeriff of A.D. ?` IN TIIF COUR"f OI? COMMON PLl?AS 01 CUNItILRLAND COUNTY, I'LNNSYIAVANIA t'I\ IL DIVISION C:API IAL ONE BANK, Plaintiff VS. N011'.E: MCLAUGHLIN D?tendant No. Oo-4499 CIVIL TERM PR/'.FCII'I-: FOR DLFAULT!UD(:ME.NT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY; WILLIAM T. MOL LAN, E`)'QL!IRI PA I D.447437 Wettman. Weirtber,4 & R is Co.. I..l'.A. 2718 Koppers 13 Ids,. 4-10 Seyettttt Avenue Ntisburgii, PA 15219 (4121) 4-,4-7()5D- \\ \\'R.#05M75 .lud;menl Amount S 1028.5 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 PLL:AS UUMIA.RLAND COUXCY. PI:NW'LX,ANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. Civil Action No. 06-4499 CIVIL TERM N0E3._1 MCLAUGHLIN Defendant TO -1 HL: PROTHONOTARY: PRAECIPE FOR DEFAULTJUDCMENT Kindly enter Judgment against the Defendant. NOBLE MCLAUGHLIN above named, in the detault of an Anse er, in the amount of $1028.53 computed as folks: Amount claimed in Complaint $990.8; Interest from JULY 25, 2006 TO SI_1PTL:N1BE1: 2006 at the legal interest rate of 22.4% per annum $37.7(a TMA L $1028.53 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R C.P. 237.1 on the dates indicated on the Notices. WEL,LMAN, WEINBERG & UIS CO., L.P.A. WILLIAM f. MOLC7 N, ESQUIRE: PA I.D.4147437 Welmtan. Weinberg & Reis Co., 1_11.,-V 2718 Koppers Bldg. 436 S,,venth Avenue Pittsburgh, P.A 15219 (I12j434-79; WWR4O,30275 Plaimift s address is: ci,t V1 ell man, Weinberg & Reis Co.. L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 364 W NORTH ST, CARt..tSLL,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 0" - `'i ! qq Clu IT60 NOBLE MCLAUGHLIN Defendant (s) IMPORTANT NOTICE TO: NOBLE MCLAUGHLIN 364 W NORTH ST CARLISLE, PA 1701(3 ?(?(?, Dat _ of Notice: - I ?) -0(p JIWR,# : 05302`153 YOU ARE IN DEFAULT BECAUSE YOU 14AVE 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 PA I. WELTM 2718 PIT/Ts MBRODT, ESQUIRE 42524 WEINBERG & REIS CO., L.P.A. PERS BLDG, 436 7TH AVE. GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBFRLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C 1111"'.,k1, ONE' BANK, Plainti Ff NOBLI_ MCLAUGHLIN Detendant Case no: 06-4409 CIVIL, 11RM NON-MILITARY AFFIDAVI'r The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duty authorized agent of the Plaintiff in the within matter. Aftiant further states that the within Affidavit is made pursuant to and in accordance with the Srrvicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. At'fiant further states that based upon invvstigation it is the aftiant's belief that the Defendant, NOBI.T NICL,vI-GFILIN is not in the military service. lttiant further states that this belief is supporte:l by the attached certificate from the Dct'cnse Manpower Data C:.ntor (DMD(-'), which states that the Defendant, NOBLE MCLAU(d11.IN is not in the military service. Fi rther Affiant sayeth naught. lye/ 3p ____ _ COMMONWEALTH OF PENNSYLVANIA This ;aw firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. AFhIAN.L, S\VOIZN .O ` AND, SU135CKiI' I;,, In', presence this -- PJoiaria Steed NO RY PUBL Wa?A'`?'?? Pd* City OF Pitbburgti, ANegheny County My Carxnission E?ires June 29,2D10 Member, Pennsylvania Association of Notaries Request i-or Military Status Department of Defense Manpower Data Center ..i+ Military Status Report Pursuant to the Servicemembers Civil Relief Act Page I (& 2 SE'11-25-2006 13:09-3 1 grit Name First/Middle Begin Date Active Duty Status Service/Agency MCLAUGHLIN NOBLE Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Cpon 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. YkU 04- .Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 lrlington, VA 22209-2593 'I he Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act 150 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil ReliefAct 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 indi\'idual referenced above, or any family member, friend, or representative asserts in any manner th,it the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you arc strolivI) 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 nna? be invoked against you. I1'y,)u 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 neA certificate I'Or that query. Thi; response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defensefink.mil/_laq/pis/P''()9SLI)R litml WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:/iwww.dmde.osd.mil/sera/owa/scra.prc_ Select 9/25/2006 Request for Military Status Page 2 of) by the requester. Providing an erroneous name or SSN v?ill cause an erronmis certificate to be provided. Rep ,•! 11).- VXQB/3BB1'A llttps:/`www.dmdc.osd,mil/scra/owa/scra.prc_ Select 9/25/2006 'iQ.. ? ? -? _ ear, _ `-. G? „?. --?9 ?.l ? T ?, ? 1J i' ? C7 1 s . ? ; ...-! ? ?-, --i ? ? .?` ?t: ? V ? ?_ ? , W ?-- ?° 7 `Ct p r ? ? ` :?c?". !? -?.? .- ?? ?^ i IN THE COURT OF COMMON PLEAS CUMB[RLAND COUNTY. PISNNSYLVANIA CIVIL DIVISION CAPI I'AL ONI BANK, IIIairttill' VS. Civil Action No. 06-4499 CIVIL 'TI,RM NOL3i_P. MCLAUGHLIN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the tollowin?! Order or Jud-,inkmt was cntcred a,_ainst you on _ C41' oZ ?.XS (xx Assumpsit Judgment in the amount of 51028.53 plus costs. ( ) I respas Judument in th; amount 01'$ PIUS costs. ( ) I1,11w s-ttisfiea within sixty (601 days, your IM tot Vehicl-' operator's license and, nr regi,41atrum will be suspenclcd by 1w Dcp,trtrnent of "I ransp, rtation, Bureau ofI raffic 5at?t}, I-larri?,bur-, PA. (xx) Entry ofJud,,ment of ( 1 Court Order ( j Non-Pros ( ) Confession (x X) Default ( ) Verdict ( ) Arbitration :Award Prod; no(ai? B V: G(. - PRO"f C)NO I A OR D 'U"IY ) NOBlT MCLAUGHLIN 3(A \V NORTH ST CAIUASLE,PA 17013 Plaintiffs address is: c'o Wellman. Weinberg & Reis Co., L.P.A., 27 i S Koppers BuiIding. 436 7°' Avenr_re. Pittsburgh. Pik 15:' 19 l -888-4 3 1-'"JO85 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. NOBLE MCLAUGHLIN Defendant MEMBERS FIRST FCU, Garnishee, No. 06-4499 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR405302753 S ? J ti. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-4499 CIVIL TERM NOBLE MCLAUGHLIN - ?j(py l/?l NoCW1 SV N D C?rtt??f- ? i?0 13 Defendant MEMBERS FIRST FCU, -_ 4O0 0 z'& maw' ?1, bye eft t?o t 3 Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1, directed to the Sheriff of CUMBERLAND County: 2. against NOBLE MCLAUGHLIN, Defendant 3. against MEMBERS FIRST FCU, Garnishee 4. Judgment Amount $ 1028.53 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 36.68 $ 1065.21 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Es ire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05302753 76 o ? v -f ` ? a S J/? . 6 l?j 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4499 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From NOBLE MCLAUGHLIN, 364 W. NORTH ST., CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBERS FIRST FCU, 1000 BRYN MAWR RD., CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1028.53 Interest $36.68 Atty's Comm % Atty Paid $123.90 Plaintiff Paid Date: JUNE 18, 2007 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curtis . Long, on to 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 WWR#05302753 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. NOBLE MCLAUGHLIN Defendant and MEMBERS FIRST FCU Garnishee No. 06--4?4?99 CIVIL TERM 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 WWR405302753 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. NOBLE MCLAUGHLIN Defendant and MEMBERS FIRST FCU Garnishee Civil Action No.: 06-4499 CIVIL TERM TO: MEMBERS FIRST FCU Suggested Reference No.: XXX-XX-7360 1000 BRYN MAWR RD CARLISLE PA 17013 RE: NOBLE MCLAUGHLIN 364 W NORTH ST CARLISLE,PA 17013 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, 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? NO la. 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. 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. NO 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? bets- ALCA- 151 `4go say ?nqs 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? '?40 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? 140 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? 00 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. IvC) 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. 00 WELTMAN, WEINBERG & REIS CO., L.P.A. B v Y: William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05302753 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 S (Name) '?ffffWi?LA of 1 T ??? '?' FCC , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. s.,-? ?? -r' ?", ?- `? ? ?. c.? ^? ,,.. C5` ,.--. -? t '? `? ;? " ''""? rt, ?- '..G . F es, ? SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-04499 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCLAUGHLIN NOBLE And now RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:23 Hours, on the 27th day of June , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MCLAUGHLIN NOBLE hands, possession, or control of the within named Garnishee MEMBERS FIRST FCU 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to , in the BRIAN M. PETERS (MANAGER , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: So Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 06/28/2007 Sworn and Subscribed to ?--? before me this day of By Deput Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. NOBLE MCLAUGHLIN Defendant MEMBERS FIRST FCU Garnishee No. 06-4499-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#5302753 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. NOBLE MCLAUGHLIN Defendant MEMBERS FIRST FCU Garnishee Civil Action No. 06-4499-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 C. W PA I.D #42`. W ELTMYPtef 2718 Ko436 Sev (412) ERG & REIS CO., L.P.A. 5219 753 Sworn to and subscribed Before me the '30 7VV1 p NNSYLVANIA Day of JULY cak . ,{: 3 A.,hones. Nu ary PubW',, , 2007 pitiSburgh. A ty,,00n'r mission Expires Jul I - Iva ssociatic S M ennsy NO /TAkY PUBLI F)- 0 wr 00 ` t I-n .¢ f .? rF~ c / ??w ?r 00 ML IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. NOBLE MCLAUGHLIN Defendant No. 06-4499 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5302753 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-4499 CIVIL TERM NOBLE MCLAUGHLIN Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAMES C PA. I. D.#4 RMBRODT, Esquire WELTM EINBERG & REIS CO., L.P.A. 2718 K p s Building 436 S en Avenue Pitts rg , PA 15219 (412 43 -7955 WWR #5302753 Sworn nd bscribed before tday of i tem ber, 07 COMMON WEALTH OF PENNSYLVANIA -- Natanal Seel aaUlt. N TA Y ?BL .,yi°va'?ir as CA R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL Advance Costs: 150.00 Sheriff's Costs 85.99 18.00 64.01 1.69 .50 2.00 Refunded to Atty on 04/02/08 4.80 30.00 20.00 9.00 85.99 ? So sw s, R. Thomas Kline, Sheriff By C,, c fi Cie ` 3 _s ? 3 rte, %N RI I OP EXECt' I'[ON andlrw s I°I At 11!NIEN I ('OMt%'ION%k'l` I111Of PFNXSYl,1 yNi;li COU NTY OF CI,MI3I-12I.,A\D) { 7 06-449t) I ivii "'1Vti_yt T[O"" _ ,',', f0 THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest, and costs due CAPITAL. ONE BANK, Plaintiff (s) From NOBLE MCLAUGHLIN, 364 W. NORTH ST., CARLISLE, PA 17013 ( I ) 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 dcfendant(s) not levied upon in the possession of MEMBERS FIRST FCU, 1000 BRYN MAWR RD., CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $1028.53 L.L. S.50 Interest $36.68 Atty's Comm "0' Due Prothy $2.00 Atty Paid $123.90 Other Costs Plaintiff Paid Date: JUNE 18, 2007 1 4 Curtis R/. -Long, Proth ry (Seal) 13y: 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