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HomeMy WebLinkAbout06-60274 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DAVID E DICK Defendant No : O L -&627 lr! ,; 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 05237054 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No UL DAVID E DICK 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, is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: DAVID E DICK 4 MOUNTAINVIEW DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002297239444 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of October 05, 2006 , in the amount of $5075.74 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 . 4 8. 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 , DAVID E DICK INDIVIDUALLY , in the amount of $5075.74 with interest at the legal rate of 6.00001 per annum from date of judgment plus attorneys, fees of $500.00 , and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pit sb rgh, PA 15219 (412) 434-7955 FM : 412-338-7130 0.82 054 C A Pit WLG This law firm is a debt collector aVmpting to collect this debt for our client and any information obta ed will be used for that purpose. DISCOVER newbalance Fminimumpaymentdue CARD $0.00 $915.00 payment due date July 29, 2006 30 SDSN6A01 0001214 DICK, DAVID E 4 MOUNTAINVIEW DR CARLISLE PA 17013-4613 account number 6011 0022 9723 9444 enter amount enclosed below Schedule payments in advance up to your due datel To find out about our flexible and convenient online payment features, visit Discovercard.com/payments PO BOX 15251 Address, e-mail or telephone change? Print change in space above, or WILMINGTON DE 19886-5251 I I go to DISCOvercard.COm. Print your e-mail address to receive important 11111111111111 i d Account information and special offers. 000006011002297239444000000000000000091500 Discover Platinum Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 0022 9723 9444 July 29, 2006 $915.00 $4,000.00 $0.00 $1,100.00 $0.00 Closing Date: June 30, 2006 page 1 of 1 previous balance $5,075.74 payments and credits - 5,075.74 purchases + 0.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 0.00 new balance = $0.00 EXHIBIT 1(pli Opening Cashback Bonus Balance $ 0.00 Cashback Bonus® New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashback Bonus® Anniversary Date: March 12 Transactions trans. post date date Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF Average Daily Balances current billing period: 18 days Purchases $0 $ -5,075.74 Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Rates RATES RATES CHARGES CHARGES 0.06573% 23.99% V 23.99% $0 none • VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. CIA b -? - Cr) ?e co ?' ulo SHERIFF'S RETURN - REGULAR CASE NO: 2006-06027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DICK DAVID E BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DICK DAVID E the DEFENDANT , at 2007:00 HOURS, on the 1st day of November-, 2006 at 4 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 by handing to DAVID DICK 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: So Answers: Docketing 18.00 Service 8.80... Affidavit .00 Surcharge 10.00 R. Thomas Kline - „ 36.80 ? 11/02/2006 r?l ji )b(m WELTMAN WEINBE REIS Sworn and Subscibed to By: 11, 41,4111 before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID E. DICK Defendant No.: 06-6027 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 W W R#05237054 Judgment Amount $ 5575.74 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 DISCOVER BANK Plaintiff vs. DAVID E. DICK Defendant TO THE PROTHONOTARY: Civil Action No.: 06-6027 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DAVID E. DICK above named, in the default of an Answer, in the amount of $5575.74 computed as follows: Amount claimed in Complaint $5075.74 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $5575.74 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.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#05237054 Plaintiff's 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 address of the Defendant is: 4 MOUNTAINVIEW DR CARLISL,E,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff DAVID E DICK Defendant(s) IMPORTANT NOTICE TO: DAVID E DICK 4 MOUNTAINVIEW DR CARLISLE,PA 17013 I a 0 ???? Date of Notice: WWR#: 05237054 Case 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 BY: JAMES PA I.D WELT 2718 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 DISCOVER BANK Plaintiff vs. DAVID E. DICK Defendant Case no:: 06-6027 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, DAVID E. DICK 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, DAVID E. DICK is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this of COMMONWEALTH OF PENNSYLVANIA NOTA Y PUBLI =QtCYOfPjttSL Seat r' Notary Public llegheny County res July 15, 2010 Member, Pennsytrar„ hssociatio of rle This law firm is a debt collector attempting to collect this debt for our client and any information obtainednwifte used for that purpose. Request for Military Status Department of Defense Manpower Data Center AIM& W Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-14-2006 09:10:45 Last Name First/Middle Begin Date Active Duty Status Service/Agency DICK 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. Amt 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 De'Tense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. 4167;#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: http_//wwwdefenselink.mil/faq/pis/PC09SLDR.htm1 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 12/14/2006 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: BFRVUPDZRDC https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/14/2006 crti ^T} Zz? y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION P h DISCOVER BANK Plaintiff vs. DAVID E. DICK Defendant DAVID E DICK 4 MOUNTAINVIEW DR CARLISLE,PA 17013 Civil Action No.: 06-6027 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord r Judgment was entered against you on A400 (p (xx) Assumpsit Judgment in the amount of $5575.74 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 rot onotary By: /?? - - - - ? Aus PROTH NOTARYf k 7`_7 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 r` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DAVID E DICK Defendant ORRSTOWN BANK SOVEREIGN BANK, Garnishees, No. 06-6027 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 WWR#05237054 r?4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-6027 CIVIL TERM DAVID E DICK Defendant ORRSTOWN BANK SOVEREIGN BANK, Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against DAVID E DICK, Defendant, of Moun4wavi eu> Dr, Carti.SW PA 17013 3. against.,ORRSTOWN BANK AND SOVEREIGN BANK, Garnishees 425.H"over &+,Ccwhefe PA ? 17 W HI9h Sit,Cacltsle, PA 17013 4. Judgment Amount 17013 $ 5575.74 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 159.49 $ 5735.23 WELTMAN, WEINBERG & REIS CO., L.P.A. By: LvAlez William T. Molczan, Es9dire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05237054 is 00 -4 W to ti? °o $ 0 a -?Ca, .,Z 0 C c c a c g ?ti WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6027 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From DAVID E. DICK, 4 MOUNTAINVIEW DR., 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 ORRSTOWN BANK, 22 S. HANOVER ST., CARLISLE, PA 17013 AND SOVEREIGN BANK, 17 W. HIGH ST., 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 $5575.74 Interest $159.49 Atty's Comm % Atty Paid $127.80 Plaintiff Paid Date: JULY 17, 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 Supreme Court ID No. 47437 L.L. $.50 Due Prothy $2.00 Other Costs Lepury SHERIFF'S RETURN - GARNISHEE ` CASE NO: 2006-06027 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS DICK DAVID E And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1040:00 Hours, on the 26th day of July , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DICK DAVID E hands, possession, or control of the within named Garnishee ORRSTOWN BANK 22 SOUTH HANOVER STREET CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JACKIE JUMPER, HEAD TELLER , personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 , in the and made So answers: c r .00 R. Thomas Kline .00 Sheriff of Cumberland County .0000 ./ - S//03167 00/00/0000 Sworn and Subscribed to before me this day of By A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06027 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS DICK DAVID E And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1035:00 Hours, on the 26th day of July , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DICK DAVID E in the hands, possession, or control of the within named Garnishee SOVEREIGN BANK 17 WEST HIGH STREET CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DENISE BEECHER, 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 J Service .00 'j Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 ? 4?b3?v?, 00/00/0000 Sworn and Subscribed to before me this day of By eputy Sher A.D ?. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Vs. DAVID E DICK Defendant and ORRSTOWN BANK SOVEREIGN BANK Garnishees Civil Action No.: 06-6027 CIVIL TERM TO: ORRSTOWN BANK Suggested Reference No.: XXX-XX-9351 22 S HANOVER STREET CARLISLE, PA 17013 SOVEREIGN BANK 17 W HIGH STREET CARLISLE, PA 17013 RE: DAVID E DICK 4 MOUNTAINVIEW DR 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 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. 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. Yes-See Attached 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? No 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? No 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. No VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is Timothy J. Cooney (Name) C.O.P. Team Leader of Sovereign Bank , 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. (SIGNATURE) .s 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. Yes-See Attached WELTMAN, WEINBERG & REIS CO., L.P.A. By: i/v c William T. Molczan, 94uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05237054 r ANSWERS TO INTERROGATORIES Account # 1691085707 Balance: $13.95 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this acount is $0.00 Account Holder: David Dick 4 Mountain View Dr Carlisle, PA 17013 VERIFICATION I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: Timothy J. Cooney C.O.P. Team Leader ?`?ci rr In ?J ri'.'_ ? -.,? ?? :_ ? `?? ???,_,? . ?; qy •'" ?.=r ..G. wl. t.3? ...t.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank VS. David E Dick CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: David E Dick 4 Mountain View Dr Carlisle, PA 17013 Timothy J. ooney C.O.P. Team Leader Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 August 7, 2007 C7 4 C? f ; i C J, IN THE COURT OF COMMON PLI AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID E DICK Defendant SOVEREIGN BAN] Garnishee No. 06-6027 CIVIL TERM PRAECIPE TO SETTLE, .DISCONTINUE & END AS TO THE GARNISHEE SOVEREIGN BANK ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molezan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#05237054 IN THE C DISCOVER BANK Plainfiff VS. DAVID E DICK Defendant SOVEREIGN BANK Garnishee TO TH T OF COMMON P',EAS CUMBF,RLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 06-6027 CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, SOVEREIGN BANK. ONLY ARY OF COUNTY: Please kindly Se tle Discontinue and End the above captioned matter as to Garnishee, SOVEREIGN BANK.. only, upon the r cords of the Court and i wrk the cost paid. WEL;1'MAN, WEINBERG & REIS CO., L.P.A. By: William . Moleza squire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 271.8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05237054 Sworn to and subs bed Before me the Day of UGU T, 07 -A;rH PVNNSYLVANIA NotwW Seal NC) ARY PU IC L ir„ mitssiar ?u'e:. _a M iv+c;rr;`J ennsylvania AssociatlO w 1 9", to , -R +? n r? IN THE CpURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DAVID E DICK Defendant ORRSTOWN BANK Garnishee No. 06-6027 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE ORRSTOWN BANK 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#05237054 IN TH DISCOVER BANK Plaintiff VS. DAVID E DICK Defendant ORRSTOWN BANI Garnishee TO THE Please kindly c BANK, only, upon the COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 06-6027 CIVIL TERM PRAECIPE TO SETTLEDE DISCONTINUE AND END AS TO THE GARNISHEE, ORRSTOWN BANK. ONLY OF COUNTY: Discontinue and End the above captioned matter as to Garnishee, ORRSTOWN rds of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. ' By: ?1/ William . Molcz , 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#05237054 Sworn to and Before me the Day of AUGL; ?°ctai?alSe?:' i E)p Mernber. cot tr9 t E .JP oi1° .,j 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: Advance Costs: 150.00 r? Sheriff's Costs 140.87 ?nl Docketing 18.00 9.13 Poundage 2.77 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 03/25/08 Mileage! 9.60 Misc. Surcharge 50.00 Levy 40.00 Post Pone Sale Certified Mail Postage Garnishee 18.00 TOTAL, 140.87 ? yl) "/osv So Answers, R. Thomas Kline, Sheriff E' L JC _ .. C.'O NVRIT OFEX[:(J I"IO\ and or X"I I A('HNIEN 1 COMMONWEAL111 OF PF.,NNSYLI AMA- COUNTY OF CUliIBERLAND) z(7 06-602`" Civil TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From DAVID E. DICK, 4 MOUNTAINVIEW DR., 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 ORRSTOWN BANK, 22 S. HANOVER ST.. CARLISLE, PA 17013 AND SOVEREIGN BANK_ 17 W. HIGH ST., 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 ffoin 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 $5575.74 Interest $159.49 Arty's Comm Atty Paid $127.80 Plaintiff Paid Date: JULY 17, 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 Supreme Court ID No. 47437 I- L. $.50 Due Prothy $2.00 Other Costs Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DAVID E DICK Defendant GRAYSTONE TOWER BANK SOVEREIGN BANK, Garnishee, No. 06-6027 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHM ENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05237054 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-6027 CIVIL TERM DAVID E DICK o -h o Defendant r+n? ?'? GRAYSTONE TOWER BANK SOVEREIGN BANK, - -- S _ o-n Garnishee _ o PRAECIPE FOR WRIT OF EXECUTION G D . c-n z0 TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against DAVID E DICK, Defendant 0613 0 . $oX ?(?, eAr h%s P- t pIR 11013 . r ,\ A'V, ?}. ?'QrliS?? 3. against GRAYSTONE TOWER BANK and SOV REI N SANK, Garnishee S11S ?',71tntlle VAIWEH &Li.C 6-c tp* Obso 4. Judgment Amount $ 5,575.74 Interest $ 1,332.69 ?ara?4 "'I Costs $ 430 SUBTOTAL: Costs (to be added by Prothonotary): $ 3 WELTMAN, WEINBERG & REIS CO., L.P.A. By:"O/ ,? 3?. 8O CR F u rr LAD ,, .? f, S5. S0 CA.00 Da ., g,ao 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 9 D. 60 1 uue Co. jq A3 vooro3550 W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6027 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From DAVID E DICK, P. O. BOX 76, 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 GARNISHEE(S) as follows: SOVEREIGN BANK, 17 West High Street, Carlisle, PA 17013 GRAYSTONE TOWER BANK, 5115 East Trindle Road, Mechanicsburg, PA 17050 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 $5,575.74 L.L. Interest $1,332.69 Any's Comm % Due Prothy $2.00 Atty Paid $30J. 41 Other Costs Plaintiff Paid Date: 01/12/2011 D i uell, r thonotary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOOPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLANTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONOTARY Jody S Smith 2011 JAN 24 AM 10: 01 Chief Deputy Richard W Stewart CUM EENN ND A COUNTY Solicitor Discover Bank Case Number vs. David E Dick 2006-6027 SHERIFF'S RETURN OF SERVICE 01/21/2011 10:15 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21. 2011 at 1015 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David E. Dick, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 24, 2011 to David E, Dick, PO Box 76, Carlisle, PA 17013. SO ANSWERS, January 21, 2011 RON R ANDERSON, SHERIFF Z William Cline, Deputy o i;eu ;tyS ile Sheriff Telenoft In: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff V. C c? i ALA rr? DAVID E. DICK, =.;a "° Q© ? Defendant G .moo ct r c?-n NO.: 2895='28-SFr o cs °m and -4 GRAYSTONE TOWER BANK SOVEREIGN BANK, Garnishees ANSWERS TO INTERROGATORIES IN ATTACHMENT ADDRESSED TO GARNISHEE, GRAYSTONE TOWER BANK By: izjzA?? U anie L. Vanderau, Esq. Associate Counsel Graystone Tower Bank 112 Market Street Harrisburg, PA 17101 (717) 728-2628 Attorney for Garnishee, Graystone Tower Bank 1 GARNISHEE'S ANSWERS TO INTERROGATORIES 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or saving accounts and certificates of deposit)? ANSWER: Graystone Tower Bank maintains the following account for David E. Dick: Checking account number XXXXXX0839. The balance in the account on January 19, 2011 was a negative $305.56. I a. If the answer to Interrogatory l 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 him; and the nature and amount of each of such liabilities. ANSWER: Please see the answer to Number 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 more other persons any property of any nature owned solely or in part by the Defendant? ANSWER: 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 in part by the Defendant or in which the Defendant held or claimed any interest? ANSWER: No. 4. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which Defendant had an interest? ANSWER: 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? ANSWER: No. 2 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 the Defendant's direction or otherwise discharge any claim of the Defendant against you? ANSWER: 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 amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. ANSWER: To the best of Graystone Tower Bank's knowledge, the answer to this question is no. 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. ANSWER: No. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on the institution. ANSWER: The interrogatories were served on Graystone Tower Bank on January 19, 2011. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. ANSWER: The account was not frozen, restricted or otherwise put on hold by Graystone Tower Bank as the dollar amount in the account, at the time of service, was less than the $300.00 statutory exemption. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not 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 law? ANSWER: N/A 3 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. ANSWER: N/A. Respectfully submitted, GRAYSTONE TOWER BANK By: ??- Melame L. Vanderau Attorney I.D. No. 203167 112 Market Street Harrisburg, PA 17101 (717) 728-2628 Attorney for Garnishee, Graystone Tower Bank Date: Februarv 2011 VERIFICATION / g Wejk deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that s/he is the of Graystone Tower Bank, that s/he makes this verification by its authority and that the facts set forth in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of her/his knowledge, information and belief. Date: Th a•• wL1K damam Title: (R¢ m'oKA-? YVJ?, U OO 4 CERTIFICATE OF SERVICE I hereby certify that on February, 2011, a copy of the foregoing Answers to Interrogatories in Attachment Addressed to Garnishee, Graystone Tower Bank, was served upon the persons and in the manner listed below: Service by U. S. first class mail as follows: David E. Dick P.O. Box 76 Carlisle, PA 17013 William T. Molczan, Esquire Weltman, Weinberg & Reis Co, LPA 1400 Koopers Building 436 Seventh Avenue Pittsburgh, PA 15219 6 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 5237054 DISCOVER BANK Cumberland County Court of Common Pleas vs. ? DAVID E DICK ° -n rj-- NO. 06-6027 CIVIL TERM " -0 rrl r? and r -e > ru GRAYSTONE TOWER BANK and SOVEREIGN BANK -° r n Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), GRAYSTONE TOWER BANK and SOVEREIGN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James C Attomei brodt, Esquire Sworn to and subscribed Before me tWC I day of February, 2011 NOTARY-PUBLIC Sheila G. Bevan, Notary Public Ross Twp., Allegheny County Commission Bores Nov. 15, 2014 35 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson "FILED-OFFICE Sheriff OF THE PROTHONOT4ay Jody S Smith a: 2011 AUG 23 PM 3: 52 Chief Deputy Richard WStewart - Solicitor ('Fr' C E OF T-?- ?"ER'FF CUMBERLAND COUNTY PENNSYLVANIA Discover Bank Case Number vs. 2006-6027 David E Dick SHERIFF'S RETURN OF SERVICE 01/20/2011 02:02 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januan 19, 2011 at 1402 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David E. Dick, in the hands, possession, or control of the within named garnishee, Graystone Bank, 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025, by handing to Lydia Babb, Administrative Assistant personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 01/21/2011 10:15 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2011 at 1015 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David E. Dick, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 24, 2011 to David E, Dick, PO Box 76, Carlisle, PA 17013. 01/21/2011 10:15 AM - Deputy William Cline, being duly sworn according to law, served requested Writ of Execution by "personally" handing three true and attested copies to a person representing themselves to be JULIE MYERS, CSR, who accepted as "Adult Person in Charge" for the within named Garnishee, Sovereign Bank, at 17 W High Street, Carlisle Borough, Carlisle, PA 17013 and attached as directed. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $150.29 August 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF -'2 0 jcj GountySuite Sheriff . Teieor.of't. Inc.