HomeMy WebLinkAbout06-4848
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs.
SHAWN P LIDDICK
Defendant
NO : D(. -gjgp (2/ U 1 C '- /
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
05216336 C A Pit VOC
a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
Vs. Civil Action No
SHAWN P LIDDICK
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
A
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:
SHAWN P LIDDICK
2309 GETTYSBURG RD
CAMP HILL, PA 17011
3. Defendant applied for and received a credit card bearing the
account number 5291151746471778 .
4. Defendant made use of said credit card and has a current balance
due of $2288.06 , as of August 11, 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
15.900% per annum on the unpaid balance from August 11, 2006 . A copy
of Plaintiffs STATEMENT OF ACCO UNT is attached hereto, marked as
Exhibit "1l, 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 , SHAWN P LIDDICK , INDIVIDUALLY , in the amount of
$2288.06 with continuing interest thereon at the rate of 15.900* per
annum from August 11, 2006 plus costs.
vv v -
Jame Warmbrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 a enth Avenue, Suite 2718
Pit (S f
sb rgh, PA 15219
(4 2) 434-7955
F : 412-338-7130
0 2 6336 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.
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Your account is delinquent
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payme
We want to help! -4 We can help-but only if you call us.
j When you call, you can make a flee
check-by-phone payment
Return your account to good standing.
K's up to you to take the first step.
1wgont CaUusl
`sod 1-800-479-7231
Iow GOLD MASTERCARD ACCOUNT OCT24-NOV23,2002
5291-1517-4647-1778 Page 1 Of 1
Account Summary_.. Paymexam Credits andAd'uetmeub
Prevmm felmxe $1,355.45
Paymemq Ceeditsand Adjumnems 1.00 Tramcd.m
Tneaniom $29.00
F,. Charges $18.42 1 23 NOV PAST DUE FEE $29,00
Ner. Balanot $1,402.87 Your request to clue your account has been remised. Your account will be closed when it reaches a $0 balance.
Minimum Annum Dm $1,402.97 Until tbeq yw will casntwse,to-.iawtemenm and nmx continue to meat moren.. All tesm.and
Payment Due Date Decembes23,2002 co.dydomofthe aocmmt will apply while a balarce onaine. Please renxmba max your omdsaod caul 28
ch tag-which mromrtidly bill myna account,
Total Credit Line $1,000
Total Available Credit
Cceda Line for Cash Sm
000
1 You west eased ayya:a dm fee of329A0 on 11/23/2002 beam your a ioine nPaymem.. are
recemd b
the due deu of 11/2312002
To avid the fe
in th
fim
d
h
Available Credit for Cash ,
$
$.00 y
.
e
e
ae, we recommen
t
at you
allow a least 7 business days for yon payment to reach Capita One.
At
To uB Cunomw ReLtiero m m report • brtawden ad:
1-800-903-3637
Fen@enan8maomura rwadq.dalmtomvaffn,bgoom:
www.aapulans.
Send pgmem me Send in9kium
Ater Rmdmnx Pmmung
Caput One Sa.vm Caput One S..im
P.O. Bur 85147 P.O. Sur MIS
R?Amon{VAT1276 R6knaad, VA 25385-5015
Important Accoonr Infoemation
Who should be the college football National Mara ofdw
Yea? You help deride! Vert www.opimlambowLcomtoday
to cast Y. cats fm ore ofthe 12 Anshan. Then be mar,
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mm in to ABC m wWb the Capital Om Bowl ..Jay 1
2003, ro wee who wow
Finarre Cha%. Pkaurrsrewneai&jbri.sPareant ia)la,Aetise
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PURCHA a1a6CM .04SSB% 15.9x$ SM42
CASH 1.00 .04TW6 LG" A00
ANNUAL PERCENTAGE RATEappliedthiepaiod 15.90%
? PLEASE RETURN POR11ON BELOW WITH PAYMENT.
0W, 0000000 0 5291151746471778 23 1402870021001402871
New Bden2 $1.40297 %-.P•,ataJiu,wtbow,.ltabsta M6ww:a 6Mrdht:l.
Mirvmum Amccust Due $140287 sea All
Pay new Doe Date December 23, 2002
Spa
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Tout emlord f He xema pm,. aria pMn.
Capital One Bank
P.O. Box 85147
Richmond, VA 23276
6.L1..11..11111...I.IIniLt JL. dL.dL..ILoIIrtJl..d
a0 #9032857696696737# MAIL ID NUMBER
en SHAWN P LIDDICE
to 2140 N 7TH ST
° ssassesse, HARRISBURG PA 17110-2414
en ?
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® I...III...laaall...IIII..... I.1111.1...II I..I.1..111....1.1.
Please eaVe 5391-2517-6647-3778 en2 .W or a seep, odor as.&p josk& Cafvd Our&ml cMaei/ is atmrbrrdenorkfs
VERIFICATION
The undersigned does hereby verify subject to the alties of 18P. C.S. 4904 relating
to unworn falsifications to authorities, that helshe
(NAME)
of CCtd Aa\ w 34n? , 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 belief.
(SIGNATURE)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-04848 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
LIDDICK SHAWN P
ROBERT BITNER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
LIDDICK SHAWN P the
DEFENDANT , at 0019:00 HOURS, on the 12th day of September, 2006
at 30 N. ENOLA DRIVE
ENOLA, PA 17025 by handing to
CINDY LIDDICK (WIFE
a true and attested copy of NOTICE together with
COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 13.20
Affidavit .00 ?
Surcharge 10.00 R. Thomas Kline
.00
41.20 ? 09/13/2006
q'???o4 WELTMAN, WEINBERG & REIS
Sworn and Subscibed to By
before me this day Deputy Sherif
of A. D.
r
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
vs.
SHAWN P LIDDICK
Defendant
No. 06-4848 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM T. MOLCZAN, ESQUIRE
PA I.D.447437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#05216336
Judgment Amount $ 2361.82
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. 06-4848 CIVIL TERM
SHAWN P LIDDICK
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, SHAWN P LIDDICK above named, in the default of an
Answer, in the amount of $2361.82 computed as follows:
Amount claimed in Complaint
$2288.06
Interest from AUGUST 11, 2006 TO OCTOBER 24, 2006
at the legal interest rate of 15.9% per annum $73.76
TOTAL
$2361.82
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA
R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
WILLIAM T. MOLCZA , ESQUIRE
PA I.D.947437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#05216336
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`t' Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 2309 GETTYSBURG RD, CAMP HILL,PA 17011
1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK ?`? (.? ?J {
Plaintiff Case # j? vCD
SHAWN P LIDDICK
Defendant(s)
IMPORTANT NOTICE
TO: SHAWN P LIDDICK
2309 GETTYSBURG RD
CAMP HILL,PA 17011
Date of Notice: WWR#: 05216336
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 H
PA I. D.
WELTMAb
2718 K
PITTS
ESQUIRE
2524
EINBERG & REIS CO., L.P.A.
RS BLDG, 436 7TH AVE.
PA 15219
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
VS.
SHAWN P LIDDICK
Defendant
Case no: 06-4848 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 duly authorized agent of the Plaintiff in the within matter.
Affiant further states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521.
Affiant further states that based upon investigation it is the affiant's belief that the Defendant, SHAWN P
LIDDICK 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, SHAWN P LIDDICK is not in the military service.
Further Affiant sayeth naught.
? ill? COMMONWEALTH OF PENNSYLVANIA
City Of Pittsburg,??, Aliegneny County
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.
AFFIANT
SWORN O A UBSCR?ED in my presence this day
of .
Pmotarial Seal
NOT RY PUB C Wayne A. Jones, Notary Public
My Comm?ion Expires Duns 29, 2010
Member, Pennsylvania Association of Notaries
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
OCT-24-2006 10:22:52
-+C Last Name First/Middle Begin Date Active Duty Status Service/Agency
LIDDICK SHAWN P 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.
AMY, 74
4"dr *
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. 9167;#167; 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: htt p://www.defenselink.mil/faa/pis/PC09S_LDR,html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/24/2006
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: TGHVJODIZR
https://www.dm&.osd.mil/scrafowa/scra.prc_Select 10/24/2006
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK,
Plaintiff
VS. Civil Action No. 06-4848 CIVIL TERM
SHAWN P LIDDICK
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on .16 6L
(xx) Assumpsit Judgment in the amount
of $2361.82 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 THONO *?14? 2:y)
SHAWN P LIDDICK
2309 GETTYSBURG RD
CAMP HILL,PA 17011
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
1-888-434-0085
? 71 ? r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
SHAWN P LIDDICK
Defendant
COMMERCE BANK,
Garnishee,
No. 06-4848-CWIL TERM
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5216336
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS. Civil Action No. 06-4848-CIVIL TERM
SHAWN P LIDDICK
Defendant
COMMERCE BANK,
Garnishee
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
I . directed to the Sheriff of CUMBERLAND County:
2. against SHAWN P LIDDICK, Defendant
30 N . &.?o tS -n.. 9 evv&, aR- l 2vzS
3. against COMMERCE BANK, Garnishee /1 /!L 17 01
4. Judgment Amount Y $ 2361.82
Less payments of $ (125.00)
Interest $ 72.72
Costs $
SUBTOTAL: $ 2309.54
Costs (to be added by Prothonotary): $
WELTMAN, WEINBERG & REIS CO., L.P.A.
By.
William T. olczan, Es ire
PA I.D. #47437
WELTMAN, WEIN RG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5216336
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-4848 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s)
From SHAWN P. LIDDICK, 30 N. ENOLA DR., ENOLA, PA 17025
(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 COMMERCE BANK, 100 SENATE AVE., CAMP HILL, PA 17011
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 $2236.82
Interest $72.72
Atty's Comm %
Atty Paid $132.70
Plaintiff Paid
Date: JULY 12, 2007
(Seal)
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
L.L. $.50
Due Prothy $2.00
Other Costs
lJ JPILL '
Supreme Court ID No. 47437
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-04848 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
LIDDICK SHAWN P
And now VALERIE WEARY
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 1624:00 Hours, on the 25th day of July 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
LIDDICK SHAWN P
in the
hands, possession, or control of the within named Garnishee
COMMERCE BANK
1200 MARKET STREET
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
EMILY MCCREAD, CUSTOMER SERVICE REPRESENTATIVE ,
personally three copies of interogatories together with THREE true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answers:
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
0 0 ? q., g/b??b 7
00/00/0000
Sworn and Subscribed to
before me this day of By
Deputy Sheriff
A.D
WWR#5216336
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff No. 06-4848-CIVIL TERM
VS. INTERROGATORIES IN ATTACHMENT
COMMERCE BANK
SHAWN P LIDDICK
Defendant
and
COMMERCE BANK
Garnishee 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#5216336
s
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
SHAWN P LIDDICK
Defendant
and
COMMERCE BANK
Garnishee
Civil Action No.: 06-4848-CIVIL TERM
TO: COMMERCE BANK Suggested Reference No.: XXX-XX-3692
100 SENATE AVE
CAMP HILL PA 17011
RE: SHAWN P LIDDICK
30 N ENOLA DR
ENOLA,PA 17025
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?
Defendant had account 537576977 with a abalance of $-180.57 at time served.
The account is individually held. Account is a direct deposit account. Defendant
Defendant is eligible for $300 allowable exemption.
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.
See answer to question 1.
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.
See answer to question 1.
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?
See answer to question 1.
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?
Defendant made deposits in the above referenced account in the ordinary course
prior to service, none of which were at the direction of Commerce Bank.
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.
See answer to question 1.
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.
See answer to question 1.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By.
William .146lczan, quire
PA I.D. #47437
WELTMAN, WE ERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5216336
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
?j
to unworn falsifications to authorities, that he/she is E P?
(Name)
of plial 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.
i
S NA )
a
" C
-
A
IN THE
CAPITAL ONE B)
Plaintiff
VS.
SHAWN P LIDDI(
Defendant
COMMERCE BAT
Garnishee
T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 06-4848-CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
& END AS TO THE GARNISHEE
COMMERCE BANK ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt
PA LD #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#5216336
IN TH1 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS. Civil Action No. 06-4848-CIVIL TERM
SHAWN P LIDDIC
Defendant
COMMERCE BAN
Garnishee
PRAECIPE TO SETTLE DISCONTINUE AND END
AS-TO THE GARNISHEE, COMMERCE BANK, ONLY
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, COMMERCE BANK,
only, upon the records o the Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
4
WEINBERG & REIS CO., L.P.A.
dSeven brodt
s Building
Av enue
A 15219
55
36
Sworn to and subscribed
Before me the
Day of AUGUST OF PENNS
ial Sea'
, 2007 1 N,=. -
AP
0 ARY P IC .. _.. .'.I : ? ?? „ , -; -- - a •,?,
-to- A
00
{5 0
..x
A 10
fib G
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 18.00
Poundage 1.88
Advertising
Law Library .50
Prothonotary 2.00
Mileage 14.40
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00
TOTAL 95.78 ? q 131b F
Advance Costs: 150.00
Sheriff's Costs 9_
54.22
Refunded to Atty on 04/02/08
By_(
So Answers,
R. Thomas Kline, Sheriff
Co
4 3 5 s'??
d0S6I
c
0,
WRIT OF EXE('U HON and/or ?0 1 ACH.bIENI
COMNION\k'LALTH OI- Pl NNSYLVANIAa
COUNTY OF CLI.MBERLAND)
O 06-4848 Civil
('1\111 . 1CTION - LA"
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s)
From SHAWN P. LIDDICK, 30 N. ENOLA DR., ENOLA, PA 17025
(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 COMMERCE BANK, 100 SENATE AVE., CAMP HILL, PA 17011
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 $2236.82
Interest $72.72
Atty's Comm
Arty Paid $132.70
Plaintiff Paid
Date: JULY 12, 2007
(Seal)
1..L. $.50
Due Prothy $2.00
Other Costs
*turiss. Long, Prothonotary
Depute
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