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HomeMy WebLinkAbout06-697640 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER Defendant No : C??o - ?? ! to U 1.? l 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 05500413 C A Pit WLG .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No BRADLEY M WISER 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: BRADLEY M WISER 54 E MAIN ST FL 3 NEWVILLE, PA 17241 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002830656070 . 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 24, 2006 , in the amount of $3218.49 . 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 . 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 , BRADLEY M WISER INDIVIDUALLY , in the amount of $3218.49 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. v V Jame Warmbrodt,42524 WEL , WEINBERG & REIS CO., L.P.A. 43 Sev nth Avenue, Suite 2718 Pi tsb gh, PA 15219 ( 12) 34-7955 4 2-338-7130 5500 13 C A Pit WLG This law firm is a debt collector ate ting to collect this debt for our client and any information obt i d will be used for that purpose. DISCOVER CARL, j new balance $3,218.49 20 SDSN6A01 0002987 BRADLEY WISER 54 E MAIN ST FL 3 NEWVILLE PA 17241-1128 minimum payment due ! account number 6011 0028 3065 6070 $302.00 enter amount enclosed below payment due date September 19, 2006 Please make check payable to Discover Platinum Card. You are overfimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $118.49. Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit Discovercard.com/balancetransfer TODAY! PO BOX 15251 WILMINGTON DE 19886-5251 000006011002830656070032184900000000030200 Cashback Bonus® Cashback Bonus® Anniversary Date: February 20 Discover Platinum Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 0028 3065 6070 September 19, 2006 $302.00 $3,100.00 $0.00 $1,600.00 $0.00 EXHIBIT I W I/ - Closing Date: August 20, 2006 t previous balance page 1 of 1 $3,092.19 payments and credits - 0.00 purchases + 78.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 48.30 new balance = $3,218.49 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Opening Cashback Bonus Balance $ 9.05 New Cashback Bonus Earned Cashback Bonus Balance $ 99.0050 Available to Redeem $ Transactions trans. post date date Other/Miscellaneous Aug 20 Aug 20 OVERLIMIT FEE Aug 20 Aug 20 LATE FEE $ 39.00 39.00 "'_"'»•_ ATTENTION _ ATTENTION "_'."" ATTENTION *****"-ATTENTION ***'*** ATTENTION Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. Nominal ANNUAL Transaction Average Daily ANNUAL PERCENTAGE Periodic Fee Daily Periodic PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4804 in to unswom falsification to authorities, that he is an attorney for the Plaintiff herein and relat g makes this Verification based upon the facts as supplied to him by the Plaintiff because the ntff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained Plai 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. N ?l..J V ?V a C1 Z7 !^,? C'] C=Z) t- f C.n w hJ O "Yl w r= t:.? ?R U03 CASE NO: 2006-06976 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS WISER BRADLEY M ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WISER BRADLEY M the DEFENDANT , at 1145:00 HOURS, on the 19th day of December , 2006 at CUMBERLAND CO COURTHOUSE CARLISLE, PA 17013 by handing to 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 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 J?ay/0 7 7, 38.56 12/26/2006 WELTMAN WEINBERG REIS Sworn and Subscibed to By: .... before me this day Deputy Sheriff -? of A.D. ;.r I `.t. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER Defendant No.: 06-6976 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT c 'T! c FILED ON BEHALF OF Plaintiff = F `a: COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05500413 Judgment Amount $ 3718.49 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. t RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, &Pa 141013 DISCOVER BANK (VS) WISER BRADLEY M Case Number 2006-06976 Received of PD WELTMAN WEINBGER & REIS IM Total Non-Cash..... + 9.00 Check# Total Cash......... + .00 Change ............. - .00 Receipt total...... = 9.00 Receipt Date 1/24/2007 Receipt Time 15:02:38 Receipt No. 188014 8372213 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount JDMT 9.00 CUMBERLAND CO GENERAL FUND 9.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BRADLEY M WISER Defendant No.: 06-6976 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 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05500413 Judgment Amount $ 3718.49 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. Civil Action No.: 06-6976 CIVIL TERM BRADLEY M WISER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BRADLEY M WISER above named, in the default of an Answer, in the amount of $3718.49 computed as follows: Amount claimed in Complaint $3218.49 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $3718.49 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: !fV WILLIAM T. MOLL 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#05500413 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 70, Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 54 E MAIN ST FL 3 NEWVILLE,PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 06-6976 CIVIL TERM BRADLEY M WISER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $3718.49 plus costs. Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( } Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: ---- ----- PROTHONOTARY (OR DEPUTY) BRADLEY M WISER 54EMAIN STFL3 NEWVILLE,PA 17241 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff BRADLEY M WISER Defendant(s) IMPORTANT NOTICE TO: BRADLEY M WISER 54 E MAIN ST FL 3 NEWVILLE,PA 17241 Date of Notice: -7 / 0 WWR#: 05500413 Case # T& fCM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: if N JAMES W RODT, ESQUIRE PA I . D;`. # 2524 WELTMAN, EINBERG & REIS CO., L.P.A. 2718;KO PERS BLDG, 436 7TH AVE. PITTS GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER Defendant Case no:: 06-6976 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, BRADLEY M WISER 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, BRADLEY M WISER is not in the military service. Further Affiant sayeth naught. / ,V AFFIANT SWORN TO AND SUBSCRIBED in my presence this je'aaY of 4T( )q" au-7i . o?L "7 COMMONWEALTH OF PENNSYLVANIA NO RY PU LIC ..- Notarial seat Wendy L. Gaidt, Nrst?t} ?Us.+ i C14 ,f:sburgh, Alfegin. eny Courily My Coirir; ussion Expires ,Judy 15, 201 G Member, i?arnsv!Ymnia Ass!*6stior? of Notar`' This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report W Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JAN-19-2007 09:18:18 < Last Name First/Middle Begin Date Active Duty Status Service/Agency WISER 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. IA? 4hy 'rel Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#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://www.defenselink.mil/fag/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.pre?_Select 1/19/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to b-I provided. Report ID: BNRFQIBUIXW https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/19/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER Defendant No. 06-6976 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) MEMBERS 1 ST FEDERAL CREDIT UNION M&T TRUST COMPANY, Garnishees 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#05500413 ¦ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER 54 E Madn fir, FL Z Defendant Newvi I(e, PA 17A'41 MEMBERS 1 ST FEDERAL CREDIT UNION M&T TRUST COMPANY, Garnishee TO THE PROTHONOTARY: Civil Action No. 06-6976 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: s 2. against BRADLEY M WISER, Defendant J. ?? 0(, 17007 3. against MEMBERS 1 ST FEDERAL CREDIT UNIONAND M&T TRUST COMPANY, Garnishee 5M0001, Louise Or 4. Judgment Ameo dtPA )-?Orr $ 3718.49 Interest Costs SUBTOTAL: $ 218.82 $ 3937.31 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molcz squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05500413 r? 9A . fp` C') ° Sb- 71.- Q T' r , -6?- O O U S' O F ?+ c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK Plaintiff VS. BRADLEY M WISER Defendant MEMBERS 1sT FEDERAL CREDIT UNION M&T TRUST COMPANY Garnishees WRIT OF EXECUTION NOTICE No. 06-6976 CIVIL TERM This paper is a "Writ of Execution". It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens, the Sheriff must give you from the sale at least $300.00 in cash or property. There are also other exemptions which may be applicable to you. Listed below is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Complete the claim form on the opposite side and demand a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court when and where you are told to appear ready to explain your exemption. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TELEPHONE NO.: (717) 249-3166 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 exemptions set by law. 2. All wearing apparel used by yourself and all family members. 3. Bibles, school books, sewing machines, uniforms & equipment. 4. Tools of your trade such as carpenter's tools. 5. Most wages & unemployment benefits. 6. Social Security benefits, certain retirement funds and accounts. 7. Certain veteran & armed forces benefits. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above-named defendant, claim exemption of property from levy or attachment: (1) FROM MY PERSONAL PROPERTY IN MY POSSESSION WHICH HAS BEEN LEVIED UPON, (a) I desire that my statutory $300.00 exemption be: (_) (1) set aside in kind (specify property, to be set aside in kind: (_) (2) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption: (specify property and basis of exemption): (2) FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY, I CLAIM THE FOLLOWING EXEMPTIONS: (a) my $300.00 statutory exemption: in cash (_) in kind (specify property): (b) (c) Social Security benefits on deposit in the amount of $ Other (specify amount & basis for exemption): I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: TELEPHONE NUMBER: I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904 relating to unworn falsification to authorities: Date: Defendant: THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County One Courthouse Square, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (717) 240-6390 Note: Under paragraphs (1) and (2) of the Writ, a description of specific property to be levied upon or attached may be set forth in the Writ or included in a separate direction to the Sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the Sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a) (b). Each court shall, by local rule, designate the officer, organization or person to be named in the notice. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6976 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From BRADLEY M. WISER, 54 E. Main Street, FL 3, 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: MEMBERS 1sT FEDERAL CREDIT UNION, 5000 Louise Drive, Mechanicsburg, PA 17055 M&T TRUST COMPANY, One Forge Rd., Boiling Springs, PA 17007 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,718.49 Interest -- $218.82 Atty's Comm % Atty Paid $130.06 L.L. $.50 Due Prothy $2.00 Other Costs Plaintiff Paid Date: 8/08/08 (Seal) As C ko - . By: V . 30) f ?? Deputy 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 M " RECEIVED • AUG 14 2008 WWR#05500413 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BRADLEY M WISER Defendant and No. 06-6976 CIVIL TERM INTERROGATORIES IN ATTACHMENT MEMBERS 1sT FEDERAL CREDIT UNION M&T TRUST COMPANY MEMBERS 1 ST FEDERAL CREDIT UNION M&T TRUST COMPANY Garnishees 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#05500413 ?I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BRADLEY M WISER Defendant and MEMBERS 1 ST FEDERAL CREDIT UNION M&T TRUST COMPANY Garnishees Civil Action No.: 06-6976 CIVIL TERM TO: MEMBERS 1sT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-9188 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 M&T TRUST COMPANY ONE FORGE ROAD BOILING SPRINGS, PA 17007 RE: BRADLEY M WISER 54 E MAIN ST FL 3 NEWVILLE,PA 17241 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? nn I?U 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. no 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 00 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. ?D K• 1 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. M WELTMAN, WEINBERG & REIS CO., L.P.A. ' By: 0, X William T. Molcz 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#05500413 t" 14 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 6 ? / 1 (Name) -T? f Vv ?' aI ? ST of ?XJS S r 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. &IdqSI ATURE) C _ co . V4 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06976 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS WISER BRADLEY M And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:30 Hours, on the 13th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , WISER BRADLEY M hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BRIAN M. PETERS (BRANCH MANAGER) 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 answ .00 .00 gla?l?g R. Thomas Kline .00 Sheriff of Cumberland County nn Gu 08/14/2008 f^ day of By A L h 47 Deputy Sheriff A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06976 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS WISER BRADLEY M And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:40 Hours, on the 13th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT WISER BRADLEY M hands, possession, or control of the within named Garnishee M & T TRUST COMPANY 812 & 1/2 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to in the JOY MATHNA (TELLER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So an Docketing .00 ,,/??r Service .00 ?pg Affidavit .00 8' R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 08/14/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D x w WWR#05500413 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-6976 CIVIL TERM VS. AA-VWVLS T INTERROGATORIES IN ATTACHMENT MEMBERS 1ST FEDERAL CREDIT UNION M&T TRUST COMPANY BRADLEY M WISER Defendant and MEMBERS I ST FEDERAL CREDIT UNION M&T TRUST COMPANY Garnishees 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#05500413 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER Defendant and MEMBERS I ST FEDERAL CREDIT UNION M&T TRUST COMPANY Garnishees Civil Action No.: 06-6976 CIVIL TERM TO: MEMBERS 1sT FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-9188 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 M&T TRUST COMPANY ONE FORGE ROAD BOILING SPRINGS, PA 17007 RE: BRADLEY M WISER 54EMAIN STFL3 NEWVILLE,PA 17241 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. r 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 o er written instrument, or did he clainigat you owed him any money or were liable to him for any reason? rlL/) 'S0 ? PIZ 101, B ? I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the C of money you owe or owed to defendant, and, if such money is in the form of a fund, the presen ereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable lk en i nstruments and the present location of each of such instruments; the amount or amounts that defendanor claimed that you owe or owed to him; an 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. 1 iv O 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? 0b 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? 1v? 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? N6 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? N? 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. f r 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. n(a-- WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molcz 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#05500413 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsification to authorities, that he/she is ?'J+ 1 (Name) of 1 l oaf. (Title) - garnishee herein, (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 knAedge, information and belief. MST e MME 4(Q'JTATURE) R AUG 15 2008 rv C) - xas m Xv. a rn, _ C T) - s _ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER No. 06-6976-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEES M&T BANK and MEMBERS I ST FEDERAL CREDIT UNION ONLY Defendant M&T BANK MEMBERS 1 ST FEDERAL CREDIT UNION Garnishees 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#5500413 t- .. • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRADLEY M WISER Defendant M&T BANK MEMBERS 1 ST FEDERAL CREDIT UNION Garnishees Civil Action No. 06-6976-CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEES, M&T BANK and MEMBERS 1ST FEDERAL CREDIT UNION ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishees, M&T BANK and MEMBERS 1ST FEDERAL CREDIT UNION, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscrib Before me the Day of A ST, 2008 N TARY P C By: William T. Molcz*,, Esquire PA LD #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#5500413 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Noterles Cz, y ? CO r ?^R ,_,,¢ jam} 00 7V ? rv_ ?l 74d ._,. ? ` . / 00 , R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing `"- Poundage ". " Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL Advance Costs: 150.00 Sheriff"s Costs: 141.27 18.00 8.73 2.77 .50 2.00 Refunded to Atty on 08/29/08 10.00 50.00 40.00 18.00 O $ 141.27 ? i jv v/op' So Answers; R. Thomas Kline Sl?eni??? er Claudia A. Brewbak 5? 1VRI'l ON EXEC t I ION and/oi x I l ,A I1-NII, ('OMMON"Wt- -1 1-1 Of PFNNSI'Lb AM\ i COUNTY OF (IIMBERI.AND) _i 00--0970 t it it I'0 "fHE SHERIFF OF CUMBERLAND CO[,NT To satisfy the debt, interest and costs due DISCOVER BANK. Plaintiff(s) From BRADLEY M. WISER, 54 E. Main Street, FL 3, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sch (2) You are also directed to attach the property of the defendant(s) not Icvied upuit in the possession of GARNISHEE(S) as follows: MEMBERS 1s" FEDERAL CREDIT UNION, 5000 Louise Drive, Mechanicsburg, PA 17055 M&T TRUST COMPANY, One Forge Rd., Boiling Springs, PA 17007 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is ell oirned boil( paying any debt to or for the account cf the defendant (s) and from delivering any property of the defendaw (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is tound ut the possessu>rn of anyone other than a named garnishee, you are directed to notify him/her that he/shc has been added as ;a garnishee and is enjoined as above stated. Amount Due $3,718.49 L.L. S.50 Interest -- $218.82 Arty's Comm % Due Prothy $2.00 Atty Paid $130.06 Other Costs Plaintiff Paid Date: 8/08/08 Cu ti, R. Long, Prothonotar,,l (Seal) By:, _1 Dc putt 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 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah Ehasz, Esquire I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 5500413 DFO DISCOVER BANK Cumberland County Court of Common Pleas vs. BRADLEY M WISER r.. -n CD r-- v NO. 06-6976 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., By Sworn to and subscribed Before me the2' day of March, 2011 NOTARY PUBLIC COMMONWEAL?M 8F PENNSYLVANIA "-' NotaNaj Seal Sheila G. BevaM Notary Public Ross Twp., Allegheny County My Commission Expires Nov. 15, 2014 MEMBER, HNN5YLVANIA AS ON OF NOTARIES Sarah Ehasz, Attorney for Attorney for Plaintiff(s) -v Qv?A %?to Rd ALA Mir- bE S14 S9 9 t 2+Iro 4sSaag