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HomeMy WebLinkAbout09-5692IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: (q _ 5AA ??Vtt ?fh vs. COMPLAINT IN CIVIL ACTION JAMES A MEINTEL 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07565727 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JAMES A MEINTEL 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 Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: JAMES A MEINTEL 104 BELLE VISTA DR MARYSVILLE, PA 17053 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5453 . 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 August 03, 2009 , in the amount of $9842.85 . 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 $125.00 . 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 , JAMES A MEINTEL individually , in the amount of $9842.85 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $125.00 , and costs. James C. WELTMAN, 436 Seve Pittsbu (412) FAX: 4 2 07565727 This law firm is a debt collector atte our client and any information obtaine r ro t,42524 NBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 8-7130 A Pit SJS to collect this debt for be used for that purpose. CARD 31 SDSN6A01 0004049 JAMES MEINTEL 104 BELLE VISTA DR MARYSVILLE PA 17053-9640 ! •71,7J4.VV Payment Due Date June 25, 2009 1'7 ,,Ha Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. cnTer Amoum Cnclosea oeiow Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Diseover.com/payments today. PO BOX 6103 Illnrllnurllrrnllrllnl CAROL STREAM IL 60197-6103 000001986453208621893000000000000000193400 Discover More Card Account Summary Closing Date: May 31, 2009 page 1 of 1 Account number ending in 5,453 Previous Balance $9,842.85 Payment Due Date June 25, 2009 Payments And Credits - 9,842.85 Minimum Payment Due $1,934.00 Purchases + 0.00 Credit Limit $8,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit limit $4,000.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus® Anniversary Date: July 16 Cashback Bonus Balance $ 0.00 How Can We Help YOU? I • Visit Discover.com to pay your bill for no cost, view your P latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easy self service options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits May 31 May 31 INTERNAL CHARGE-OFF $ -9,842.85 EXHIBIT Finance Charge Summary Average Daily Balances current billing period: 15 days Purchases $0 Cash Advances $0 Nominal Transaction Daily ANNUAL ANNUAL Periodic Fee Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Rates RATES RATES CHARGES CHARGES 0.08216% 29.99% F 29.99% $0 $0 0.08216% 29.99% F 29.99% $0 $0 The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above. Important Informatlon. If there is more than one page to this billing statement, see the back of each page for additional important information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1-800-347-2683. rn Z Fulling Rights Summary, In Case of Errors or Ouestions About Your Bill: If you think your bill is wrong, or if you need more information about a o transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. We must hear Trom you no later than 60 Says after we sent you the first bill on which the error or problem appeared. You can telephone us, but o doing so will not preserve your rights. In your letter, give us the following information: Your name and Account number. o *The dollar amount of the suspected error. *Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure N about. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Speclai Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card and and you.have tried in good faith to correct the fine with the merchant, you ma5y not have to pay the remaining amount due on the gl ?Od or miles of your mailing address. this 1e(If1 protection n oheoperat ethe merchant, or sifm we mailed youathe,advertisement for the goods orrservicest all purchases are covered regardless of the amount or location of purchase) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your ppayment, if you send the payment to any ci ^ ae.:,cs 0i d ou use a . envelope other than. C,-.u provided. Payment, received on or after 1 -PM Monday throw h-Friday or on -a-weekend or' bank holitiq will be posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7-10 days Tor delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2663. You will need this statement and yyour bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with 1.11. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the process ng ofhsuch payment You must tell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement You can cancel a pa ment, however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-800.347.683 or by mail at address listed in the previous paragraph. If your payments may vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be lass than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your account to credit bureaus. flLate payments, missed payments, or other defaults on your month., Irf•youbbelieve that our eport is inaccura eeor incorri leteopleaseswrrite and at te foll ow nog addressr Discover Card, PO Box 15316, Wilmington DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pa your entire New Balance, by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and yotu pay the New Balance by the Payment Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases, hat is purchases first appearing on the current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic finance Charges on those new purchases. There is no grace period on balance transfers or cash advances. We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges i"t:. t_'Ey' CJ -:"T f v. each is i aet!Ln cal-.xy w:i° use the followinDg -equation to compute Periodic Finance C?.2:yss fot "ach transaction category. Average Daily Balance x number of days in the billin period x aily Periodic Rate. (lYou may refer to the finance charge summary on your billing statement for these amounts.) Then we add up thet'enodic Finance Charges for eacl. transaction Category to get the total Periodic Finance Charges for your Account The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. We use the two-cycle daily average balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by the asywell•asDnewap,urchases thathfirst appearon the Current billing sttatement,sunless we already imposed Periodic FinanceaCharges on thel'purchases on your previous billing statement We compute the Average Daily Balance for each transaction categortyy by adding up all the daily balances in a billing period for a transaction categgory and dividingg the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day bylirst adding the7ollowing to the previous day's daily balance: transactions made that day, Tees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and ti then subtracting any credits and payments that are applied against the balance of the transaction yategory on that day In calculating the daily balance for the first day of the billing period, we consider the "previous day's balance" to have been our ballance for each transaction category on the last day of your previous billing period. If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the billing period in which it is posted to your Account. All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee finance Charges to the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO fTelecammunicatlant n.vir. Tin, th. n.en y?ei.?s. .i.... -ii , on„ ...... 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 DFS 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 knowledge, information and belief. (Signature) W WR# 7565727 James A. Meintel '6011007938645453 0 nm-illfrTa OF THE PFK)THGhIOTARy 7009 AUG I$ AM 9. d 4 CUTAB :-, .a i ` 3 c6uN'TY PEENNSM`rv`tA .*78.50 Pty ATTI/ Ctl 4 0 0380 K* 2ag 31(0 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor *"pjf D{ cat"Grrtd4# Ay1 lrr?,?? Y'. OFZ CE of -1 $'<RIFF ALL OF THE !nrr?dY Discover Bank vs. James A. Meintel 2009 AUG 31 Ph 35 NTY C L) to, Case Number 2009-5692 SHERIFF'S RETURN OF SERVICE 08/27/2009 06:57 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2009 at 1857 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James A. Meintel, by making known unto himself personally, at 104 Belle Vista Drive Marysville, Cumberland County, Pennsylvania 17053 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 28, 2009 O R R THOMAS KLINE, SHERIFF By Deputy Sheriff t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 09-5692 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT JAMES A MEINTEL 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07565727 C A Pit JLI Judgment Amount $11342.85 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5692 CIVIL TERM JAMES A MEINTEL PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JAMES A MEINTEL above named, in the default of an Answer, in the amount of $11342.85 computed as follows: Amount claimed in Complaint $9842.85 Less payments / adjustments made $0.00 Attorney's fees $1500.00 TOTAL $11342.85 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: f ? i James C. rmbrrodt,42524 0756577 t A Pit JLI Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P. 436 Seventh Avenue, Suite 1400 Pittsbu PA 15219 And that the last known address of the Defendant is JAMES A MEINTEL 104 BELLE VISTA DR MARYSVILLE, PA 17053 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5692 CIVIL TERM JAMES A MEINTEL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t following Order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $11342.85 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 Prothono By: Y?U'Yt1UN U"1"L1kC Y ? c? w iw• ui• i •'?-?..? JAMES A MEINTEL 104 BELLE VISTA DR MARYSVILLE, PA 17053 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES A MEINTEL Civil Action No. 09-5692 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first 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 , JAMES A MEINTEL is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the Defendant , JAMES A MEINTEL 104 BELLE VISTA DR MARYSVILLE, PA 17053 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUBSCAIPED in my presence this Z day of COMMCNwEA TW OF PENNSYLVANIA Notarial Seal Sheila Q. Bevan, Notary Public City Of Pittsburgh, Allegheny County MY Commission Expires Nov. 15, 2010 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JAMES A MEINTEL Defendant Case No, 09-5692 CIVIL TERM IMPORTANT NOTICE TO: JAMES A MEINTEL 104 BELLE VISTA DR MARYSVILLE, PA ``17053 ffi?n Date of Notice: 1 V 1 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAfMS 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 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. CUMBERtAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN„ /jEINBERG & REIS CO., L.P.A. By' - Matthew Urban P,A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7565727 A PIT T4S Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page I of 1 Oct-30-2009 08:22:42 4•. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MEINTEL JAMES Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). y6t P 4A4-DW?_ 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL http;//www.defenselink.mil/fa_q/pis/fIC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:G161F4N8H7 httnc•//wwxxnw rimrir ncrl mil/anni/crrn/nnnrennrt rln 1(1/i(1/7(I(19 FILED--OFIi II E 2009 NOY 20 P14 3. 39 :s C(? ti3sa s?? Z? a.? 3 43? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5692 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From JAMES A. MEINTEL, 104 Belle Vista Drive, Marysville, PA 17053 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SOVEREIGN BANK, 401 Enola Road, Enola, PA 17025 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$11,068.48 Interest $825.63 Atty's Comm % Atty Paid $161.00 Plaintiff Paid Date: February 28, 2011 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs avi D uell, ro onotary By: 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMS A MEI?NTEL i off 75e ( !r- ? 4/i sic.. -Dr. WV "I V'6eefen lantt7&S3 SOVEREIGN BANK, yol £rnol?a ??? S ?I?• ?iarn]shee, No. 09-5692 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07565727 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff " vs. Civil Action No. 09-5692 CIVIL TERMNT N . co z JAMES A MEINTEL © 7E* c7 ? ? c5 =6 Defendant ' SOVEREIGN BANK, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against James A. Meintel, Defendant 3. against Sovereign Bank, Garnishee 4. Judgment Amount $ 11,342.85 Less payments of -$ 1,100.00 Interest $ 825.63 Costs $ 0.00 SUBTOTAL: Costs (to be added by Prothonotary): lpq-so ea all? ? 7S st r r -Iva i) •bo-Aue oz. St •Sb LL. SOIc$S Ito ?1529-P 7 11,068.48 WELTMAN, WEINBERG & REIS CO., L.P.A. By: I William T Molczan, uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?cyt??ttt, ai ?arn(,rpf, j OFD t- '• -il -E-1,F K3D -9 NH 2- Discover Bank Case Number vs. James A. Meintel 2009-5692 i SHERiFF'S RETURN OF SERVICE 03/03/2011 08:43 AM - Gerald Worthington, March 3, 2011 at 0943 hours, al monies of the within named deft within named garnishee, Sovere 17013, by handing to Denise Be interrogatories together with thn there of known to her. eputy Sheriff, who being duly sworn according to law, states that on ched as herein commanded all goods, chattels, rights, debts, credits, and Jant, to wit: James A. Meintel, in the hands, possession, or control of the n Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania ,her, Customer Service Representative, personally hree copies of true and attested copies of the writ of execution and made the contents The writ of execution and notice to defendant was mailed on March 7, 2011, to James A. Meintel, 104 Belle Vista Drive, Marysville, PA 1705 . March 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Gerald Worthin Von, Deputy r." t f ^ t ?i '; r , F' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 09-5692 CIVIL TERM vs_ INTERR IaRIES LN ATTACHMENT SOVEREIGN BAND JAMES A MEINTEL Defendant and SOVEREIGN BANK Garnishee FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY.- William T Molczan, Esquire PA LD- #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07565727 d til8l N NV's :6 110Z 'El 'a pW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.' 09-5692 CIVIL TERM JAMES A MEINTEL Defendant and SOVEREIGN BANK Garnishee TO; SOVEREIGN BANK Suggested Reference No.: XXX-XX-1168 401 N Enola Rd, Enola, PA 17025 RE: JAMES A MEINTEL 104 BELLE VISTA DR MARYSVILLE^ 17053 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 int 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 an withdrawn during the intervening period. g tizQ ,.N wa?ti 6 < < oz a pW INTERROGATORMS 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 co?trol of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. YES, SEE ATTACHED 3. At the tirne you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest" NO 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? NO 6. At any time after you were served did you pay, transfer, or deliver any money or property to the de endant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant agOnst you? NO 7. If you are a bank or other financial institution, at the time you were served or at any subsequent ti a 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 a chment 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 L 'd ti 2 l " N AVSS :6 1 lR apW 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so,', identify each account. YES, SEE ATTACHED 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 Interrogatoy 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 WELTMAN, WEINBERG & REIS CO.. L.P.A. By. William 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 WWR#07565727 tiZB I N AVSS :6 I I QZ a pW VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4944 relating to uinsworn falsifications to authorities, that he/she is JOHN s. GOMES (Name) LEAD SPECIALIST _ of SOVEREIGN BANK , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. A '7 ( GNA RE) 6 til8l " N Wd :6 1 l06 'apW ANSWERS TO INTERROGATORIES Account# 1681707721 Balance: $1,384.80 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $1,084.80. Account Holder: James A Meintel Andrea L Priori-Meintel 104 Belle Vista Dr Marysville, PA 17053-9640 Account # 0574106480 Balance Account Holder: James A Meintel Andrea L Priori-Meintel 104 Belle Vista Dr Marysville, PA 17053-9640 $191.93 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: John S. Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank vs. James A Meintel CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: James A Meintel 104 Belle Vista Dr Marysville, PA 17053-9640 t hn S. Gomes O.P. Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 March 4, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Discover Bank VS. James A Meintel CERTIFICATE OF SERVICE hereby certify than on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows. William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: James A Meintel 104 Belle Vista Dr Marysville, PA 17053=9640 tO.P. hn S. Gomes Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 March 4, 2011 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7565727 DISCOVER BANK vs. JAMES A MEINTEL and SOVEREIGN BANK Garnishee(s) Attorney for Plaintiff(s) Cumberland County Court of Common Pleas NO. 09-5692 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: c.y C - -n --4 ? c +'?p° r --V V0 '"? r- -QM 0 =C Kindly marked the above matter discontinued and ended as to Garnishee(s), SOVEREIGN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before me the 31 day 90arch, 2011 Y 'Pd.0y Du j 00 513 30'7S Al,s X771-1/ IC COMMONWEALTH Qi= PEi,r 61', VAIN IT Notariai Seal Wayne A. Jones, Notat y r'ubkc City of Pittsburgh, Allegheny County My Commission Expires June l9, Z014 ,.J Member. Pennsylvania Asscuitjon or yna?R? ~,. ~ ~~-r:U-f~F'F WELTMAN, WEINBERG & REIS CO., L.P.A. "" ~ ' ~' ~ ~RC# )`~ BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) ~~~Z ~~~ LD. No.86469 24 pH 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 ~~~~F~~-A~Q ~( Phone: 412.434.7955 ~~~~~ YLVA N Fax: 412.434.7959 File # 7565727 DISCOVER BANK Plaintiff CUMBERLAND County Court of Common Pleas vs. JAMES A MEINTEL Defendant(s) NO. 09-5692 CNIL 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., L.P By Sarah E. Ehasz, Esquire Attorney for Plaintiff ~,~i t' ', 2 I~ TY ~~,} msg. C~~ I~ ~.~ a ~d a~ ~i Slb