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HomeMy WebLinkAbout06-5202 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Vs. PAMELA DEHAVEN Defendant No : OL - JU6 A 1 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 05214654 C A Pit KEB L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No PAMELA DEHAVEN 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: PAMELA DEHAVEN 430 HERMAN AV LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number 4121741438373248 . 4. Defendant made use of said credit card and has a current balance due of $3847.22 , as of August 18, 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 25.900% per annum on the unpaid balance from August 18, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 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 , PAMELA DEHAVEN , INDIVIDUALLY , in the amount of $3847.22 with continuing interest thereon at the rate of 25.900$ per annum from August 18, 2006 plus costs. esvc.. warmbroat,42b24 TMAN, WEINBERG & REIS CO., L.P.A. Seventh Avenue, Suite 2718 sburgh, PA 15219 434-7955 412-338-7130 14654 C A Pit KEB This law firm is a debt collec our client and any information tempting to collect this debt for ned will be used for that purpose. M a Your account is delinquent. We want to help! t ?t1d? To protect your credit with us, you need to make a payment. -4 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 us! 1-800-479-7231 Gloms' VISAACCOUNT 4121-7414-3837-3248 Account Summuv Paymenu, Credits and Adjustment, MAY 08 - JUN 07, 2003 Page I of 1 Previwe Bafine 12,681.07 Payroenq Credia and Adjustments $.W Tpoa, rimme, Chg. $ $ 64. 6025 00 1 N MAY OVERLIMIT FEE 129.00 Finana 2 07 JUN PAST DUE FEE 35.00 New Balaors 148DS.32 Minimum Amount D. $2,805.32 Yon were aeanmd a pea dee fee of 135.00 on 06/07/2003 beanie your minimum payment was one Payment one Dar JWy 07, 2003 recrosd by the doe dae of 06/07/2003. To avoid thu f« in the Btova vm named that )on allow at leat7 budneas days fm y0m payment to reach Capita Omen Toml Credtt Line $2,000 Tend ModhWe Credtt $.00 Credit U. fm Cash $21000 Available Ctedh fm Crib 1.00 Atyourser-Am To np LW.wum Rdvdas m m •TVrt • lean m .tdm ad: 1-800-262-1493 Pm! a d' se noaunt,avin and spend ouona afran.t,1on m: waw.npedamm? smd p]mmu m: Smdinquiriam: Am,: Rautnu m Pramnin, Cyad One Snim C.pW One Sa.im P.O. B. 9147 P.O. Bm 85015 Ria,mmd,VA23Z/6 Ri .LVA23285-5015 P4 emnwrse+;defni ?aN; Sian PURCHASM 1;31261 .ONat% 25.90% W67 CASH 8526.1] 25.90% /1158 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RMRN PORTION BELOW WITH PAYMENT. 0w 0000000 0 4121741438373248 07 2805320025002805321 w.mp:,rw^Is[.lim.W .-,.dc4oy.. Mlon,ovy6k,a.Nr1:,F. New Bdaue $2.60532 Minimum Amon, D. $2,805.32 svwr A,. Payment D. Dar JWy07, 2003 f5ry 5. ZIP Totd..dKd $ Hgne%ne, /Jam.e Flpn AcoomtNambe: 4121-7414-3837-3246 s Pm W Mdw Capital One Bank P.O. Box 85147 Idulnrlllulrlnlrl Richmond. VA 23276 larleleallrvrlrllr rrl rllrtllrr r11 rr rllrrvll rr rlf rr,llrr dl rrrl ?a #90159026237972316 MAIL ID NUMBER - PAMELA DEHAVEN 630 HERMAN AVE rv LEMOYNE PA 17043-1942 lee.Illrarlllerrrlrrlrrllrrrrlllrl,rrlrrlrrl,IrrII511rr,rllrrl F PLma m.:r<yore aamr a,w6> m ywe ebap a -^^ry om.md<p ya6rs„ Gp;rd on<ma, <„r,nw; a ua amv,<s marr?r. Q zoom Capital One Services, Inc. Capital One Is a federally registered service mark. All rights reserved. >s>ve ! Missiles ! ! 8 'o 0 o j o 622425 larporbrrt elneoe: your payment will bs cred Rod to your account m of the date we receive R. provided you send the bottom portion of this statement and your check in the enclosed tsmMancs envelops, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or Georgia processing cantor must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing center mule ba received on a business day by 3:00 p.m. PT. Posse allow at lase five (5) business days for Portal delivery. Payments received by us M any other location or in another form may not be credited the some day we mosive them. Our business days are Mondaythrough Saturdsy, excluding hold". Please do not use staples, paper clips, etc. when preparing your payment. f VERIFICATION The undersigned does hereby verify subject to the p ties of 18 A. C. S. 4904 relating to unworn falsifications to authorities, that he/she is 5ca??O?l b I (NAME) Aocr4? 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, information and belief. (SIGNATURE) W WR# SHERIFF'S RETURN - REGULAR CASE NO: 2006-05202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DEHAVEN PAMELA ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE DEHAVEN PAMELA DEFENDANT the at 0018:19 HOURS, on the 13th day of September, 2006 at 430 HERMAN AVENUE LEMOYNE, PA 17043 by handing to PAMELA DEHAVEN a true and attested copy of NOTICE COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.08,/ 09/14/2006 WELTMAN, WEINBERG & REIS /b?oY?sG Sworn and Subscibed to By: before me this day eputy Sheriff' was served upon of A. D. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. PAMELA DEHAVEN Defendant No.: 06-5202-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#05214654 Judgment Amount $ 4259.44 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. Civil Action No.: 06-5202-CIVIL-TERM PAMELA DEHAVEN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PAMELA DEHAVEN above named, in the default of an Answer, in the amount of $4259.44 computed as follows: Amount claimed in Complaint $3847.22 Interest from AUGUST 18, 2006 TO JANUARY 16, 2007 at the legal interest rate of 25.9% per annum $412.22 TOTAL $4259.44 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. R By: 14111, WILLIAM T. MOLC ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#05214654 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7ch Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 430 HERMAN AV LEMOYNE,PA 17043 M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK., Plaintiff vs. Civil Action No.: 06-5202-CIVIL-TERM PAMELA DEHAVEN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order r Judgment was entered against you on t aaU? (xx) Assumpsit judgment in the amount of $4259.44 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: PROT qRf?4 PAMELA DEHAVEN 430 HERMAN AV LEMOYNE,PA 17043 Plaintiffs 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff PAMELA DEHAVEN Defendant(s) IMPORTANT NOTICE TO: PAMELA. DEHAVEN 430 HERMAN AV LEMQYNE,PA 17043 Date of Notice; A? a? v WWR## : 05214654 Care ## .?11?1??P?/'?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 -n._......._____ CARLISLE, PA 17013 (717) 249-316G )((/?, BY BRODT, ESQUIRE JAMS ki. PA I... 742524 WELT WETNBEPG & REIS CO., L.P,R. 271 K PERS BLDG, 436 7TH AVE. PI TS GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. PAMELA DEHAVEN Case no:: 06-5202-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 investigation it is the affiant's belief that the Defendant, PAMELA DEHAVEN 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, PAMELA DEHAVEN is not in the military service. Further Affiant sayeth naught. A ANT day SWORN TO AIJD SUBSCRIBED in my presence this 17 of f QQ( OF PENNSYLVANIA Notarial Seal Won L. Gault, Notary Public NO RY PU City Of Pittsburgh, Ail©yhenyf?ounty MY Comrnf&sinn EXPires July 15, 2010 Member, Perrier ti.:,r; m hfisoCiation of Notaries 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. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act 1W Page 1 of 2 JAN-16-2007 08:53:42 Last Name First/Middle Begin Date Active Duty Status Service/Agency DEHAVEN PAMELA 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. Owt 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. 4167;4167; 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//www.defenselink_mil/faa/pis/PC09SLDR.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 1/16/2007 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: BMOVDYHHOQX https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/16/2007 Q Q\?\ ?/?- ?'1 tys9 N A -w- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-5202-CIVIL TERM VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) PAMELA DEHAVEN Defendant SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5214654 . r - -101? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-5202-CIVIL TERM PAMELA DE14AVEN Defendant SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against PAMELA DEHAVEN, Defendant w1+err*o* Ave, L""ne, PEA , 170V3 850 ?A- 3 ?? ? M? pA 3. against SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Garnishee ' loll 4. Judgment Amount $ 4,259.44 Less payments of $ 1,140.00 Interest $ .473.12 Costs $ SUBTOTAL: $ Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, 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#5214654 "AO, ?y OIGb .v a 00 0 0 0 C> Q ca C4 t11 a? 9a ? ? ? t? , ? p p CA p c ow o??y A m t Zr to cn 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5202 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From PAMELA DEHAVEN, 430 Herman Avenue, Lemoyne, PA 17043 (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: SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, 3850 Hartzdale Drive, Camp Hill, PA 17011 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 $3,119.44 Interest -- $473.12 Atty's Comm % Atty Paid $133.58 Plaintiff Paid Date: 5/09108 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti Al. Long, Pro ry By: REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQURIE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Deputy Supreme Court ID No. 47437 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-05202 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DEHAVEN PAMELA And now MICHQ;?L BARRICK Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:40 Hours, on the 15th day of May , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DEHAVEN PAMELA hands, possession, or control of the within named Garnishee SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 HARTZDALE DR CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to ERIC LUNDVALL (ACCOUNT MANAGER) in the personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this and made So answers: .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County 0000 ? f2v?oa ?` 05/16/2008 day of By Deputy Sheriff A.D CAPITAL ONE BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA VS. PAMELA DEHAVEN, CIVIL ACTION - LAW DEFENDANT AND SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, GARNISHEE NG. 06-5202 CIVIL ANSWER TO INTERROGATORIES IN ATTACHMENT TO: Capital One Bank c/o William T. Molczan, Esquire Weltman, Weinberg & Reis Co. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 1. No. I a. No. 2. Yes. Accounts (savings and checking) titled in the name of Pamela S. Dehaven. The Savings Account had a balance at time of service of the Writ of Execution of $5.00. The Checking Account had a balance at time of service of the Writ of Execution of $347.48. Pursuant to the terms and conditions of the deposit agreement and policies between the credit union and the depositor/s the credit union claims a priority lien in and a right of set off against the accounts consisting of a $175.00 legal processing charge, leaving $177.48 balance for execution purposes prior to any statutory exemptions. In addition, pursuant to 42 Pa. C.S.A. §2503, Garnishee's attorney's fees are authorized in an amount to be determined and deducted from the attached funds. 3. No. 4. No. r 5. Yes. For the reasons set forth in Answer to Interrogatory #7 depositor has not been precluded from accessing electronically deposited payroll checks because the Defendant is entitled to a $300.00 statutory exemption and the balance in the account is from exempt because it is direct deposit payroll from Lower Allen Township. 6. No. 7. Yes. Funds are electronically deposited on a bi-weekly basis by Lower Allen Township into the financial account/s. These sums are exempt from attachment in accordance with Pa. R.C.P. 3111.1 and 42 Pa. C.S.A. §8123 ($300.00 general monetary exemption). Personal earnings are exempt from attachment under 42 Pa. C.S.A. §8127 and Pa. R.C.P. 3123.1. 8. See Answer to Interrogatory #7. Respectfully By: Date: June 2, 2008 St n Hovo6ll,'Es4uire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Garnishee's Counsel CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. William T. Molczan, Esquire Weltman, Weinberg & Reis Co. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Pamela Dehaven (USPS Certified Mail Return Receipt Requested) 430 Herman Avenue Lemoyne, PA 17043 BY: Date: June 2, 2008 n VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.5.4904 relating to unworn falsifications to authorities, that he/she is W? 2(f (Name) Crof a&(10(6 , garn hee herein, Title Com an 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. C.0 V., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T CIVIL DIVISION CAPITAL ONE BANK No. 06-5202 CIVIL TERM Plaintiff pRAECIPE TO SETTLE, DISCONTINUE VS. & END AS TO THE GARNISHEE SUSQUEHANNA BANK ONLY PAMELA DE1 AVEN Defendant SUSQUEHANNA BANK FILED ON BEHALF OF Garnishee Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5214654 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. PAMELA DEHAVEN Defendant SUSQUEHANNA BANK Garnishee Civil Action No. 06-5202 CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, SUSOUEIIANNA RAI, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, SUSQUEHANNA BANK, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscribe Before me the 4 Day of JUNE By: r? James C. W b odt PA I.D #425 4 WELTMA , W 1400 Kop ers B ildin 436 Sev th A nue Pittsbur ,P 15219 (412) 4-7 5 WW105114654 COMMONWEALTH OF PENNSYLVANIA Notsdal Semi Jennifer M. Borowski, Notary Public City of Pittsburgh, Akowny County MY Cornmlaion ExDins Feb. 22, 2012 Member, Pennsylvania Association of Notaries & REIS CO., L.P.A. 00 w W A r 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 1.87 Advertising Law Library .50 Prothonotary 2.00 Wage 14.00 Surcharge 30.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee 9.00 Bad Check Postage Total 95.37 ? 1/a 4lb, q- Advance Costs: 150.00 Sheriffs Costs: 95.37 54.63 Refunded to Atty on 1/20/09 I Aa? P- So Answers; , R. Thomas Kline, Sheriff By Claudia A. Brewbaker c a N :Vq - n•? = r rn _t'' ?'T-: SZ :ZI d E I all 8001 8 'n r JAW3H5 _ ---ii CkC '7 ;za0e)-7 WRIT OF EXECUTION and/or AT'T'ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5202 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From PAMELA DEHAVEN, 430 Herman Avenue, Lemoyne, PA 17043 (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: SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, 3850 Hartzdale Drive, Camp Hill, PA 17011 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 $3,119.44 Interest -- $473.12 Atty's Comm % Atty Paid $133.58 Plaintiff Paid Date: 5/09/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curtis . Long, Proth By: _ Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQURIE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437