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Home My WebLink About06-6535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JOHN D MCKIM Defendant No: OL -- (oJ3S II 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 05467724 C A Pit VOC i t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No JOHN D MCKIM 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, bylentering 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 caselmay 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 II'2. Defendant is adult individual(s) residing at the address listed below: JOHN D MCKIM 120 CONODOGUINET MOBILE NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 5291151858350539 ICI 4. Defendant made use of said credit card and has a current balance due of $3547.65 , as of October 28, 2006 5. Defendant is in default by failing to make monthly paymentslwhen due. As such, the entire balance is immediately due and payablel,to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from October 28, 2006 A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, markedllas Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , JOHN D MCKIM , INDIVIDUALLY , in the amountl,of $3547.65 with continuing interest thereon at the rate of 25.9001 per annum from October 28, 2006 plus costs. This law firm is a debt collector at our client and any information obtai Jams Warmbrodt,42524 WEIWEINBERG & REIS CO;, L.P.A. 434 Se enth Avenue, Suite 2118 Pits rgh, PA 15219 (412) 434-7955 EAX: 412-338-7130 b5 7724 C A Pit VOC mpting to collect this debt for ed will be used for that purpose. OIL .'-. To your credt tomake at payment. with us, you need Your account is delinquent. - We want to help! 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. nl. Call us! ? ZaKe ?, 1-800-479"7231 C'apitalOne° Account Summon Previous balance 51,654.13 Payments, Credits and Adjustments $.DC Transactions $7Q 0X Finance Charges $36.42 New- Balance $1,770.55 Minimum Amount, Due $;.770.55 Payment Due Date June 14, 2003 Total Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your Bernice To mu C?.trcma Relation or w repon a lost or sroler, card: 1-800-903-3637 For free. online account -io, -d sped l -toner ones, log on to: www.apicalonccom Send paymrnra to: Smd inqu6m to: Am: Rerruttance Proeessing Capital One Srn-im. Capita] One. Sub- P.O. Box 85147 P.O. Box 85W Richmond, VA 25276 Richmond VA 23285-501^ Important Account Information Capital One is a proud sponsor of the American Fil m Institute's CBS prime.time special presentation -- "AFI's 100 Years 100 Heroes Sc, Villains: America's Greatest Screen Characters." Of the centun's great film heroes and villains, who is the greatest here and who is the greatest vMai ii Will the lis contain Tames Bond. Roclz. Balboa, Hannibal Lecter, Carwoman. Indiana Tones, Norman Bates? To find out the answers to these questions and man more. rune in tc CBS, Tuesdac, lone 3 from 8-11 PM (EDT/PD7 7-10 PM (CDT;. c GOLD UiASTERCARD ACCOITNT APR ib - NAY 15, 200' 5291-'S]8-5835-0539 Page l of 1 Payments, Credits and Adjustments Transactions 16 APR OLBRLIMIT FEE $24.00 2 1L 1,11A;' CAPTT.AL ONE MONTHLY MEMBER FEE C.OC 15 MAY PAST DL.tE FEE 3S.oc You were assessed a past due fee of $35.00 or. C5,!'_52003 because Your mirumum pattnent was not received b, the due date .0511S/2003. Tc avoid this fee in the future, we recommend that you allow at least 7 business days for vow payment to reach Capital One. EXHIBIT Finance Charges . Pieaee see rene>.rr ride fmi fwrYOnt injnrmal4or, Eaian r.ar. Pmodk Ca>..p? umF tV1??N ?? mcird rr >m. APR 9.K PURCHASES 57,710.8n A70y69e 2;.909a 536.47 CASH S.OG .070ye.9i B90W. S.00 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RE71TR-N PORTION BELOtd'N&^-TH PAYMENT. CapilaloV 0000000 0 5291151858350539 15 1770550125001770550 New Balance $1,770.55 Minimum Amount Due S1,70.55 Payment Due Date June 14. 2003 Total enclosed S r -? Account Number: 5291-1518-5835-0539 Capital One Banic 111 P.O. Box E5147 lllnnulllllnllllll Richmond, VF, 23276 1111111111111111111111111111111111111111/111111111111111111111 P-r,inr mnum? av es.: aad-or r-mai: ri m?ge: bri- -mr blur w Dian rz =n Bar. zla Eon. phon+ hlarnare P6oo, ..mv! had. a. #9013651596',57944# MAIL ID NUMBER JOHN D MCKIM RR2 BOX 356 MILLERSTOWN PA 17062-9607 0 ° '? 1u1111ulllluullnn111111nlllnlllnln111111n11nu1111 Pieare ^urite you- account number or. your ejieck o" monn order moue navab:c to C Paai One Lanz and mai.' in tar en.lrued er:meiot e. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating) to unsworn falsifications to authorities, that he/she is J A cho 1(f IC ne-? (NAME) _ 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. Ic-- ?IJUd I .A 1kJ--W f (SIGNATURE) W WR# ? - l ? ? a SHERIFF'S RETURN - REGULAR CASE NO: 2006-06535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCKIM JOHN D ROBERT B:ITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCKIM JOHN D the DEFENDANT at 2049:00 HOURS, on the 22nd day of November , 2006 at 120 CONODOGUINET MOBILE NEWVILLE, PA 17241 JENNIFER MCKIM, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68.,-- 11/27/2006 WELTMAN WEINBERG REIS v? i?.%o ?r?i? t? Sworn and Subscibed to By: before me this day Deputy Sheriff of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JOHN D MCKIM Defendant No.: 06-6535 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED CAN 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 WR#05467724 Judgment Amotmt $ 3718.84 THIS LAW FIRM IS AT'T'EMPTING TO COLLECT THIS DE INFORMATION OBTAINED WILL BE USED FOR TILIT PURPOSE. ITS CLIENT AND ANY t ? C IN THE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JOHN D MCKIM Defendant Civil Action No.: 06-6535 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JOHN D MCKIM above named, in the default of an Answer, in the amount of $3718.84 computed as follows: Amount claimed in Complaint $3547.65 Interest from October 28, 2006 to January 4, 2007 at the legal interest rate of 25.900% per annum $171.19 TOTAL. $3718.8:1 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. C ' 1 By: W(LLIA _M T. MO -AN, 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#05467724- Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 120 CONODOGUINET MOBILE NEWVILLE,PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION CAPITAL ONE BANK Plaintiff JOHN D MCKIM Defendant (s) IMPORTANT NO'T'ICE TO: JOHN D MCKiM 120 CONODOGUINE'T' MOBILE NEWVI.LLE, PA 17241 Date of Notige : C.. WWR#: 05467724 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 S'T'REET CARLISLE, PA 17013 (717) 249-3166 `- JAME,s WA.k BRODT ESOUTj?E-- --- PA I.I.D. #A2524 WELTMAN,2'EINBERG & REIS CO,, L.P.A. 271€3 KOP"PERS BLDG, 4-z6 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JOHN D MCKIM Defendant Case no:: 06-6535 CIVIL'rERM 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 ServicemembVrs' Civil Relief Act (SCRA), 50 U.S.C. App. § I. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JOHN D MCKIM 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, JOHN D MCKIM is not in the military service. Further Affiant sayeth naught. A I 'l T SWORN T"ND.SUBSCRIBIUI in my presence this day 4OTAPUBLIC NaBord V4 wA.JmwNeWyPublic Cky0fP ryANeI0W0 *G0yv ssbnE.)pmJune29,2010 Member, Pennevivente Assncistion of Notaries This law tirm is a debt collector attempting to collect this debt for taut ?liept and any information obtained will be used for that purpose. . Request for Military Status Ocpartmertt of Dcfensi Manpower- Data Center 101litary Status Deport Pursuant to the Servicernernbers Civil Relief Act Page 1 0F2 JA I,04-2007 12:35:46 Last Name Hirst/Middte Begin Date Active Duty Status ServicclAgency MCKIM John 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, YA. 444, ZI , Mary M, Snavoly-Dixua. Diwctor l)epartnrc rit of Defense ,Manpower Data Center 1€ 00 Wilson Blvd,, Suite 400 Arlington, VA 2 099 25li3 The Defense Martpowor Data Carter (DMDC) is an organization of the Departniont 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 Departuient of Defense strongly supports the enforcement of the Servicememhor; Civil Relief Act 150 USCS Appx. it 167;11167; 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 dirty" responses, and has experienced a small error rate. In the event the individual referenced above, or any fancily 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 "deferrselink.mil" URI, 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 ( u.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. C his response reflects current activo deity status only. For historical information, please contact the Military Service SCR. points-of-contact. See: http.//wwwJ defen?el rjk tit lffq/p /I'CQq%, I ,i ttxtl WARNING: "Phis certificate was provided based on a name and Social Security number (SSN) provided l1ttp5://Www.alindc.0sa..31iif3cra?o a/scra.prc^ Sella / 4/ 0 7 ,kcquest for Military Status page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to he provided. Report ID.-jIJZAIYRJAAGT littps://w-%vw.dmdc.osd,trail/scr Qyva/SCra.prc_Sclect 1/4/2007 n ? a l(" Q ,t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No.: 06-6535 CIVIL TERM JOHN D MCKIM Defendant NOTICE OF JUDGMENT ODDER TO: ( ) Plaintiff (x,Y) Defendant ( ) Garnishee You are hereby notified that the fallowing Order or Judgment was entered against you on /U1 --zc?07 (xx) Assumpsit Judgment in the amount of $3718.84 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 ( ) Nana-Pro, ( ) Confessign (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: 1.1? 1'L!I PROTHONOTARY (OR JOHN D MCKIM 120 CONODOGUINET MOBILE NEWVILLE,PA 17241 Plaintiff's address is: c/o Weltman, Weinberg &: Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JOHN D MCKIM Defendant WACHOVIA BANK, Garnishee, No. 06-6535 PRAECIPE FOR WRIT OF EXECUTION (11ANK ATTA NT 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#5467724 w x s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6535 JOHN D MCKIM Defendant WACHOVIA 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 JOHN D MCKIM, Defendant, Iao Cot ad W ift+ M06 h--, NeWVi I1a PA 1-7&41 3. against WACHOVIA BANK, Garnishee .40q E Hgk st CMA L&le ' P 70(3 $ 3718.84 4. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 375.96 $ 4296.98 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esqu' PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5467724 00 J 4tJ 7+•r s' f?. Q r z y C=1 0 06 •rJ 0 i " '-?^?}J( w {` .rte F WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6535 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From JOHN D. MCKIM,120 Conodoguinet Mobile, Newville, PA 17241 (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: WACHOVIA BANK, 604 E. High Street, Carlisle, PA 17013 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 $3718.84 Interest -- $375.96 Atty's Comm % Atty Paid $129.18 Plaintiff Paid Date: 11/03/08 L.L. $.50 Due Prothy $2.00 Other Costs Qir? R. Lon onot (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 By: Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06535 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCKIM JOHN D And now MICHAEL BARRICK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according d to law, at 0014:50 Hours, on the 7th day of November-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MCKIM JOHN D hands, possession, or control of the within named Garnishee WACHOVIA BANK 604 E HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to PAUL FENTON (TELLER/MGR) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this , in the true and made So an r .00 lip ?? .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00- 0 0 ? ?'?l PlD. 11/12/2008 day of By Deput Sheriff A.D SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. JOHN D. MCKIM and : NO. 06-6535 WACHOVIA BANK, N.A., GARNISHEE TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the above-captioned matter. Date: C) N f r . - - ire C :o f G 3; ?y SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK vs. JOHN D. MCKIM and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 06-6535 WACHOVIA BANK, N.A., GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: CAPITAL ONE BANK, Plaintiff 1. No. 2. Account titled John D. McKim with a balance of $126.70, and an account titled John D. McKim with a zero balance. The total sum of $126.70 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $26.70. In addition, pursuant to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be determined and deducted from the attached funds. 3.- 6. No. 7. (Q) 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? (A) No. 8. (Q) 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? t (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled John D. McKim contained the sum of $300.00, which is not being held because Uarmshee believes t Judicial Code, 42 Pa.C.S. Section 8123. Dated: 3123 of the Wachovia Bank Legal Order Processing 101 N Independence Mall East Philadelphia, PA 19106 (800) 922-4684 December 06, 2008 Sirlon Gallogly & Lesser Jon C. Sirlin 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 VERIFICATION Phyllis Brummett , being duly sworn according to law, deposes and says that he/she is the Writ of Execution Administrator of Wachovia Bank, NA Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge. Said Garnishee understands that false statements h°rein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn fal.61 authorities. Phyllis Brummett Legal Order Processing Associate Fri .ti co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-6535 CIVIL TERM VS. PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE WACHOVIA BANK ONLY JOHN D MCKIM Defendant WACHOVIA 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467724 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6535 CIVIL TERM JOHN D MCKIM Defendant WACHOVIA BANK Garnishee PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, WACHOVIA BANK, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, WACHOVIA 3.i K only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Fequire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 3.: WWR#05467724 Sworn to and subscribed Before me the -5 Da of JANUARY, 2009 COMMONWE "? i H OF PENNSYI_VANt I Notarial Seat Public A Y PUBLIC Heidi J. Ket?y. gWea Allegheny County ?. City of Pittsburgh. My Cgmmission Expires Nov. 4, 2009 !ntaner a;sA? ^.tirn ?f ? Member, P?nnsy?„,'z: ' 10 t=3 O r? ? g;o r . .,. t'v i? Q ty ? .. _ 00 -o R. Thomas Kline, Sheriff, who being duly sworn according to law, states Ws writ is returned STAYED, WRIT IS EXPIRED. eriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 86.19 Docketing 18.00 63.81 Poundage 1.69 Law Library .50 Prothonotary 2.00 Refunded to attorney 05-20-09 Mileage 5.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Postage TOTAL 86.19 JAVOf - Z O .E b q- AON 0001 dd 'A1HR0J ti 1L V _ - e'ii..;f 33183HS 3Ni j'0 30'J A0, .2 - 'L a a 0 w So Answers; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6535 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From JOHN D. MCKIM,120 Conodoguinet Mobile, Newville, PA 17241 (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: WACHOVIA BANK, 604 E. High Street, Carlisle, PA 17013 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 $3718.84 Interest -- $375.96 Atty's Comm % Atty Paid $129.18 Plaintiff Paid Date: 11/03/08 L.L. $.50 Due Prothy $2.00 Other Costs C is R. Long, onotary (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 47437 By: Deputy SIRLIN GALLOGLY & LESSER, P.C. r By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK vs. JOHN D. MCKIM and WACHOVIA BANK, N.A., GARNISHEE To: William Molczan, Esquire 436 7th Avenue Suite 2718 Pittsburgh, PA 15219 NOTICE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 06-6535 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X PRAECIPE FOR RULE OF NON PROS _ JUDGMENT BY DEFAULT _ MONEY JUDGMENT _ JUDGMENT IN REPLEVIN _ JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATION _ JUDGMENT ON VERDICT _ JUDGMENT ON COURT FINDINGS . SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK vs. JOHN D. MCKIM and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 06-6535 WACHOVIA BANK, N.A., GARNISHEE TO THE PROTHONOTARY: PRAECIPE Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Wachovia Bank, N.A., under Rule 3143(g) or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, Wachovia Bank, N.A. Date: SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. JOHN D. MCKIM : NO. 06-6535 and WACHOVIA BANK, N.A., GARNISHEE RULE TO THE PROTHONOTARY: AND NOW, this lj?k day of Ott , 2009, a Rule is hereby granted upon Plaintiff to seek judgment against Garnishee, Wachovia Bank, N.A., under Rule 3143(g) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against Plaintiff. &&4?44 ROTH R FILED-OFFICE OF THE PROTHONOTARY 2009 OCT -6 AM 10* 41 U{ ;r r 4, UNTY Pb N,'Syll-VAN#,A. SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire, I.D. No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee CAPITAL ONE BANK OF THE TF MY 2010 MAR -2 AM 11: 19 COURT OF COMM.IA COUNTY OF CUMBERLAND VS. JOHN D. MCKIM and NO. 06-6535 WACHOVIA BANK, N.A., GARNISHEE ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, WACHOVIA BANK, N.A. Garnishee, Wachovia Bank, N.A., hereby bills the following costs to the fund attached and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satisfy. Other: 26.70 0.00 0.00 Costs are hereby taxed in the amount of $ _, 2010. e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6535 CIVIL TERM et;cv,JOHN D MCKIM �, � ` p n 0I 3 Defendants ` lC =' `' WOODFOREST NATIONAL BANK Q) Wo 1�IV n M' SUSQUEHANNA BANK , 1�°lkp v� txuL} i3ot'lovv� 'Qc1 l G�1� WELLS FARGO BANK(WACHOVIA BANK) - - c Garnishee(s) -v - PRAECIPE FOR WRIT OF EXECUTIONr w �f-.. TO THE PROTHONOTARY: C'n Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against JOHN D MCKIM ,Defendant 3. against WOODFOREST NATIONAL BANK, SUSQUEHANNA BANK, WELLS FARGO BANK (WACHOVIA BANK),Garnishee 4. Judgment Amount $ $3,718.84 Less Payments/credits received $ $62.32 3lrSG, Interest $ $1,373.01 Costs $ SUBTOTAL: $ $5,029.53 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG&REIS CO., L.P.A. � CS ) ' By: OVA 0�` . /1, William T. Molczan,Esquir OVA , Jul Cwt PA I.D.#47437 CaT WELTMAN, WEINBERG&REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 << c, (412)434-7955 a . s oo , C l I DOS( a�? WWR No. 5467724 wfj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-6535 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION JOHN D MCKIM -- Defendant(s) WOODFOREST NATIONAL BANK SUSQUEHANNA BANK WELLS FARGO BANK(WACHOVIA BANK), Garnishee(s) 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 No. 5467724 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6535 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK Plaintiff(s) From JOHN D.MCKIM,3 PARTRIDGE CIRCLE,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: WOODFOREST NATIONAL BANK,60 NOBLE BLVD.,CARLISLE,PA 17013 SUSQUEHANNA BANK, 1196 WALNUT BOTTOM ROAD,CARLISLE,PA 17013 WELLS FARGO BANK(WACHOVIA BANK),604 E.HIGH STREET,CARLISLE,PA 17013 and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the gamishee(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$3,656.52 L.L. $ Interest $1,373.01 Atty's Comm % Due Prothy$2.25 Atty Paid $249.87 Other Costs Plaintiff Paid Date:MARCH 19,2013 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name : WILLIAM T. MOLCZAN,ESQUIRE 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 SIIRLIN LESSER& BENSON,P.C. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia,PA 19109 j AP 2: ' (215)864-9700 Attorney for Garnishee F'i tip t "L CAPITAL ONE BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. JOHN D. MCKIM : NO. 06-06535 and WELLS FARGO(WACHOVIA BANK),GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf Wells Fargo (Wachovia Bank), Garnishee in the above-captioned matter. J IL orney r Gar nishee Date: \ 3 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6535 CIVIL TERM JOHN D MCKIM Defendant(s) -r�-- WOODFOREST NATIONAL BANK SUSQUEHANNA BANK == w WELLS FARGO BANK(WACHOVIA BANK) < Garnishee(s) ro r.., TO: WOODFOREST NATIONAL BANK, 60 NOBLE BLVD,CARLISLE, PA 17013 SUSQUEHANNA BANK, 1196 WALNUT BOTTON RD, CARLISLE, PA 17013 WELLS FARGO BANK(WACHOVIA BANK)604 E HIGH STCARLISLE, PA 17013 RE: JOHN D MCKIM, 3 PARTRIDGE CIR, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-7793 XXX-XX- 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 io 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. vt .. WWR No. 5467724 s ,; ANSWERS TO 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 (including funds on deposit for checking or savings accounts and certificates of deposit)? No. 1 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. N/A 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. No. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant 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 delivery 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 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 amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. No. 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 Pa.C.S. § 8123? If so, identify each account. No. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 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. N/A 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 or federal law?. N/A 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: April 2, 2013 Catherine M. Bush, Assistant Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 SIRLIN LESSER&c BENSON, P.C. By: ,Ton C. Sirlin,Esquire THE EP 0 TNO Identification No.: 17498 TAR t' 123 South Broad Street, Suite 2100 1813 APR -8 PM. 2: 59 Philadelphia,PA 19109 Ct COWTY (215)8649700 ��R YL ANIA Attorney for Garnishee CAPITAL ONE BANK COURT OF CONviMON PLEAS COUNTY OF CUMBERLAND vs. JOHN D.MCKIM : NO. 06-06535 and WELLS FARGO(WACHOVIA BANK),GARNISHEE ANSWERS TO IN'T'ERROGATORIES IN ATTACHMENT TO: CAPITAL ONE BANK,Plaintiff 1. No. 2. Account titled John D. Mckim (2712) with a zero balance. This account has been restricted pursuant to this writ. 3.-6. No. 7. (Q) 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? (A) No. 8. (Q) 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? (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled John D. Mckim(2712)contained the sum of$33.00,which is not being held because Garnishee believes that it is exempt pars to Section 2 of the Judicial Code,42 Pa.C.S. Section 8123. ON C. IN Attorney f Garnishee Dated: Wells Fargo Bank,N.A. Liens,Levies& Garnishments 101 N. Independence Mall East MAC Code# Y1372-113 Philadelphia,PA 19106 VERIFICATION Phyllis Brummett,being duly sworn according to law, deposes and says that she is the Legal Order Processing Associate of Wells Fargo Bank, NA Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. Phyll# Brummett Legal Order Processing Associate Date: — �� i • �3 2f5 �o INTERROGAT ES 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(including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory I is in the affirmative,state the following: the amount of money you owe or owed to defendant,and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him;and the nature and amount of each of such liabilities. u Gnc can aee� �\�h o bo"Ce� m" s4► Os 2. At fhe 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. �,\ 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? .ri4t�+�i 4. At the time you were served or at any subsequent time did you hold as fiduciary any propertv:.in which the defendant had an interest? t no 5. At any time before or after you were served, did the defendant transfer or deliver any propertylto you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? nD 6. At any time after you were served did you pay, transfer, or deliver any money or property,.tq 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,:JuD 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 acco c t MINe the reason for the exemption, . the amount being withheld under each exemption and the amou*l�'rt T3j jV4&nt,and the entity electronically depositing those funds on a recurring basis. :z �a F n0 h; 3� No. 5467724 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. 9. If the answer to Interrogatory 1 is in the affirmative,state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory I 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. 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&0o's t are exempt from execution,levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory I 1 is in the affirmative,state the amount of non-exempt funds on deposit in the account. n jou WELTMAN,WEINBERG&REIS CO.,L.P.A. William T.Molczan,E ire PA I.D.#47437 WELTMAN,WEINBERG&REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 . 01) s i r" WWR No.5467724 VERIFICATION The undersigned does hereby verify subject to the penalties of 1188 PA. C.S.4904 relating to unworn falsifications to authorities,that he/she is (Name) of - k% s e 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:' Woodforest National Bank-Legal Dept (SIGNATURE) Bryan Abraham 832-375-2898 Phone Jessica Black 832.375-3071 Fax Cedrick Frazier 25201 Crogahs Mill Rd., Suite 100 The Woodlands, TX 77380 je WwR No.5467724 WELTMAN,WEINBERG &REIS CO.,L.P.A. BY: William T Molczan,Esquire Attorney for Plaintiff(s) I.D.No.47437 .� 436 Seventh Avenue, Suite 1400 ' Pittsburgh,PA 15219 rn,m -, Phone: 412.434.7955 MM .r- n Fax: 412.434.7959 r" 7 File# 5467724 -4 C, <O -n CAPITAL ONE BANK Cumberland County ` ~; VS. Court of Common Pleas JOHN D MCKIM and NO. 06-6535 CIVIL TERM WOODFOREST NATIONAL BANK and SUSQUEHANNA BANK and WELLS FARGO BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), WOODFOREST NATIONAL BANK and SUSQUEHANNA BANK and WELLS FARGO BANK, only. WELTMAN, WEINBERG&REIS CO., L.P.A. B Kla4,4 William T olczan, quire Attorney for Plainti 4Q.50 PO A 7y e� -1 io�a8'79 �, A0133 I SHERIFF'S OFFICE C`F CUMBERLAND COUNTY Ay R Anderson r leriff r r t',; i t Jody S Smith 113 StiP 26 PM 2: 4',, Chief Deputy �,.T, Richard W Stewart SUMBEkLAN'Ll CGUN''l Solicitor OFFiCE +THE SHE rF €'ENtgSYLVANIA Capital One Bank Case Number vs. John D McKim 2006-6535 SHERIFF'S RETURN OF SERVICE 03/25/2013 02:01 PM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Paul Felton, Teller, 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 him. 03/28/2013 03:16 PM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Britany Barrett, Teller, 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. 03/28/2013 03:34 PM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Mary Ellen Ballew, Teller, 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 April 2, 2013 to John D. McKim, 3 Partridge Circle, Carlisle, PA 17013. 09/25/2013 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: $199.62 SO ANSWERS, September 25, 2013 RONNY R ANDERSON, SHERIFF 1 -0 �'&' E I