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Home My WebLink About06-7064a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Q(a -'tQ`y VS. COMPLAINT IN CIVIL ACTION ROBERT L CHESTNUT Defendant 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 05570248 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ROBERT L CHESTNUT 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: ROBERT L CHESTNUT 37 MOUNT VIEW TERRACE NEWVILLE, PA 17241 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002280573874 . 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 November 29, 2006 , in the amount of $1997.48 . 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 $300.00 . 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 , ROBERT L CHESTNUT INDIVIDUALLY , in the amount of $1997.48 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $300.00 , and costs. X/ IV James . Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se enth Avenue, Suite 2718 Pi sb rgh, PA 15219 (4 2) 34-7955 F 12-338-7130 557 248 C A Pit WLG This law firm is a debt collector ateempting to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER $1997.48ctl CARD 22 SDSN6A01 0007262 ROBERT CHESTNUT 37 MOUNT VIEW TERRACE NEWVILLE PA 17241 Save time and a stamp this month by paying your bill online. To find out about,our free and flexible online payment features, visit Discovercard.com/payments PO BOX 15251 111 IN 11 loll WILMINGTON DE 19886-5251 Address, e-mail or telephone change8 Print change in space above, or go to Discovercard.com. Print your e-mail address to I ' receive important Account information and special offers. 000006011002280573874019974800000000199748 Discover Card Account Summary Closing Date: September 22, 2006 page 1 of 1 Account Number Payment Due Date Minimum Payment Due Credit Limit Credit Available Cash Credit Limit Cash Credit Available 6011 0022 8057 3874 October 21, 2006 $1,997.48 $1,400.00 $-597.00 $0.00 "'-f I BIT _ „ EAM Previous Balance $1,997.48 Payments And Credits 0.00 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance $1,997.48 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Available to Redeem $ 0.00 Date: October 22 How Can We Help You? For Account Inquiries, write to us at Please have your Discover Card available. Discover Card, PO Box 30943 Salt Lake City, UT 84130 )Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaf): Customer Service: 1-800-DISCOVER (1-800-347-2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You The address provided in your Cardmember Agreement to request a beneficiary designation form for your Scheduled Air Travel Accident Insurance has changed. The new address is AIG Accident & Health Division, 300 South Riverside Plaza Suite 2100, Chicago, Illinois 60606-6613. Shop confidently. Your Discover(R) Card has you covered with Complete Fraud Protection for your peace of mind. With our advanced fraud warnings, we'll call you right away if there's unusual activity on your account. And if someone makes fraudulent charges with your card, our $0 fraud liability guarantee means you're not responsible. Finance Charge Summary Average Daily Balance Daily Periodic Rates rvurmnunt ruYmnn1 vu" MCI:Vuvp i-4uniuni vu I I Vvi.L vv.,i JU, -! $1,997.48 J Enter Amount Enclosed Below Payment Due Date $ :5157 76 dw;j October 21, 2006 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $306.00. ( I .?, ANNUAL Transaction Periodic Fee PERCENTAGE FINANCE FINANCE RATES CHARGES CHARGES VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins, (Name) Accounts Manager of Discover Financial Services, LLC., plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 5570248 ROBERT L CHESTNUT 6011002280573874 1j ,-- gym=' n ?t - l n r, t ,) CID r` cn fil ^C U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT L CHESTNUT Defendant No.: 06-7064 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570248 Judgment Amount $ 2297.48 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.: 06-7064 CIVIL TERM ROBERT L CHESTNUT Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ROBERT L CHESTNUT above named, in the default of an Answer, in the amount of $2297.48 computed as follows: Amount claimed in Complaint $1997.48 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $300.00 TOTAL $2297.48 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. MOLCZAN, QUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570248 Plaintiff's 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: 37 MOUNT VIEW TERRACE NEWVILLE,PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case # 060- 76&q- 0I N& .7-&f M ROBERT L CHESTNUT Defendant(s) IMPORTANT NOTICE TO: ROBERT L CHESTNUT 37 MOUNT VIEW TERRACE NEWVILLE,PA 17241 Date of Notice: / WWR#: 05570248 If 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: -I;wnm dhiom ? PATRICK THOMAS WOODMAN PA T.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT L CHESTNUT Defendant Case no:: 06-7064 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, ROBERT L CHESTNUT 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, ROBERT L CHESTNUT is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this 101' aaY of (?;,)n?._7 COMMONWEAL; H OF PENtNSYLV;'',0'r, UT -A-L Nota a Sea! N MARY PUBLI iciJ.Ke!,,Neutary?u':..,; C:. ar n!; MyCc .139 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 FEB-15-2007 07:38:39 Last Name First/Middle Begin Date Active Duty Status Service/Agency CHESTNUT 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. & 1A 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/faq/pis/PC09SLDR.htmi WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmde.osd.mil/scra/owa/scTa.prc_Select 2/15/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BTRVNJRSYSW https://www.dmde.osd.mil/scrafowa/scra.prc_Select 2/15/2007 w °Cl t/1 ?s Q a eW co s ? 7-3 ,7? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No.: 06-7064 CIVIL TERM ROBERT L CHESTNUT Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord ud ment was entered against you on 2, ?1 a OnU 7 (xx) Assumpsit Judgment in the amount of $2297.48 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 PRO ONOTA ) ROBERT L CHESTNUT 37 MOUNT VIEW TERRACE NEWVILLE,PA 17241 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CHESTNUT ROBERT L SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHESTNUT ROBERT L the DEFENDANT , at 1754:00 HOURS, on the 26th day of December , 2006 at 37 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 ROBERT CHESTNUT 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: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 -.4 V1 q - Sworn Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 By. Deputy Sheriff A.D. 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT L CHESTNUT Defendant No. 06-7064 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FARMERS AND MERCHANTS TRUST COMPANY, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570248 0 4* L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-7064 CIVIL TERM ROBERT L CHESTNUT, 31 Moon+ View Terrace Defendant 1Vewvale, PA 1'7ay FARMERS AND MERCHANTS TRUST COMPANY, 800 EAST At6 3t, Carlisle PA 17013 Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: 1,5g7. 48 Interest $ 101.99 Costs It Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against ROBERT L CHESTNUT, Defendant 3. against FARMERS AND MERCHANTS TRUST COMPANY, Garnishee 4. Judgment Amount $ Less payments of SUBTOTAL: Costs (to be added by Prothonotary): $ 1699.47 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T-Molcian,'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#05570248 n oho s> -off C ? tnp tN Ot 0 00 , , W ti O O OOo CID .,a N c .moo W C7 YI r r r CO f ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7064 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From ROBERT L. CHESTNUT, 37 Mount View Terrace, 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: FARMERS AND MERCHANTS TRUST COMPANY, 800 East 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 $1,597.48 Interest -- $101.99 Atty's Comm % Atty Paid $128.30 Plaintiff Paid Date: 2/12/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti . Long, Protho By: 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 Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-07064 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS CHESTNUT ROBERT L And now MARK CONKLIN ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 15th day of February-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT t"TT=C( TTTT TT D(lD L'DT T hands, possession, or control of the within named Garnishee FARMERS & MERCHANTS TRUST COM 800 EAST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to TERRY GLASS (CUSTOMER SERVICE) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . in the true and made Sheriff's Costs: So answers: .+a Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00//g?CP ?., 02/19/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D ?_ - WWR#05570248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT L CHESTNUT Defendant and No. 06-7064 CIVIL TERM INTERROGATORIES IN ATTACHMENT FARMERS AND MERCHANTS TRUST COMPANY FARMERS AND MERCHANTS TRUST COMPANY Garnishee FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570248 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT L CHESTNUT Defendant and FARMERS AND MERCHANTS TRUST COMPANY Garnishee Civil Action No.: 06-7064 CIVIL TERM TO: FARMERS AND MERCHANTS TRUST COMPANY Suggested Reference No.: XXX-XX-1690 800 EAST HIGH STREET CARLISLE, PA 17013 RE: ROBERT L CHESTNUT 37 MOUNT VIEW TERRACE 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? > 0, Mr. ChCStaUf dOes a0+ VAAVC an CLCCpu a+ Fa ?? s rotrchanfs ru5? Lcyv aa,? of chain I a. If the answer to Interrogatory 1 is in the affirmati e, state he 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. NIA 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. ?j ® . 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? N c 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. N d 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. No WELTMAN, WEINBERG & REIS CO., L.P.A. yU ll By: William T. Molczan, )squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570248 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 0 ,VA r i S-h a 0 a "'?- l ii nn nq6-o S (Name) A wcch y-f- &I S fiG',4 of fL u mfrs k ftVx c labs Trus}- garnishee herein, (Title) (DM-pCui -q of (Company) Ct(tL1-m b r?'b LL ?' 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. s (SIGNATURE) r,.a f- ° k 1? V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-7064 CIVIL TERM VS. PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE FARMERS AND MERCHANTS TRUST COMPANY ONLY ROBERT L CHESTNUT Defendant FARMERS AND MERCHANTS TRUST COMPANY Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T MOLCZAN PA I.D #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570248 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT L CHESTNUT Defendant FARMERS AND MERCHANTS TRUST COMPANY Garnishee Civil Action No. 06-7064 CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, FARMERS AND MERCHANTS TRUST COMPANY, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, FARMERS AND MERCHANTS TRUST COMPANY, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscribed Before me the XME- I?ay of APRIL, 2008 'ARY PUBLIC commC)11WEALTH OF PENNSYLIVA Notarial Seal Heidi J. Kelly, Notary Public City Of Pittsburgh. Allegheny County MY Commission Expires Nov. 4, 2009 By: "zu?? WILLIAM T MO ZAN PA I.D #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570248 Association of Notaries t) f?a ® O _? fT- cca 8 C.t> _:_. .... .... T O C r . 'LT pi _3 = m N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-7084-CIVIL TERM vs. PRAECIPE FOR SATISFACTION OF JUDGMENT ROBERT L CHESTNUT Defendant FILED ON :"cHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William 1 ,`:olczan, Esquire PA. I.D.#41t 37 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Kopp:rs Building 436 Sevent'i Avenue Pittsburgh, PA 15219 (412) 434-- 7 055 V0VVR#5570248 i _„ r' IN THE COURT OF COMMON PLEAS CUMBERIAI,,!D COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action, No. 06-7064-CIVIL TERM ROBERT L CHESTNUT Defendant PRAECIPE FOR SATISFACTION OF JUDO"AENT At the request of the undersigned attorneys for the Plaintiff, yo.i are directed to satisfy the above-captioned Judgment. Sworn to and subscl!? d before me this day of May, 2008 N ARY P IC WELTMAN, WEINBERG & REIS CO.. L.P.A. By. r William -C- I'.' zan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seven' Avenue Pittsburgh, ?A 15219 (412) 434-7955 M'VR #5571, 248 Public Cp':y n . ourty 2r f tl Nie nicer. i .r u. -? C-) -n P Q 00 r -' 9? f m. d ? W J .p - -v .. 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 85.99 Docketing 18.00 64.01 Poundage 1.69 Advertising Refunded on 10/30/08 Law Library .50 Prothonotary 2.00 Milage 4.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 So Answers, 85.99 V R. Thomas Kline, Shenff By b I d E 1933 8001 JJ183HS 3H1 -'0 3jlj O? ? a P w 1??7p3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7064 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From ROBERT L. CHESTNUT, 37 Mount View Terrace, 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: FARMERS AND MERCHANTS TRUST COMPANY, 800 East 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 $1,597.48 Interest -- $101.99 Atty's Comm % Atty Paid $128.30 Plaintiff Paid Date: 2/12/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curtis ,x-Long,, Proth By: 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 Deputy