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HomeMy WebLinkAbout09-6638IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ( _ (01o3S ClV?l ?Erf14t VS. COMPLAINT IN CIVIL ACTION THERESA PEIFER 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 07570219 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No THERESA PEIFER 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, DISCOVER BANK 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: THERESA PEIFER 921 GETTYSBURG PIKE MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8179 . 4. Defendant made use of said credit card and has a current balance due of $6060.14 , as of June 10, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.240% per annum on the unpaid balance from June 10, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 0 8. Plaintiff avers that such attorneys' fees will amount to $125.00 9. 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 , THERESA PEIFER individually , in the amount of $6060.14 with interest at the rate of 25.240% per annum from June 10, 2009 plus attorneys' fees of $125.00 , and costs. fames u. warmnrocit, 42b24 WELTMAN, WEINBERG & REIS CO., L.P.A. tj6 Sev th Avenue, Suite 1400 ttsb PA 15219 (412) 3 -7955 FAX: 4/12 338-7130 07570P1 C A Pit SJS This law firm is a debt collector attem g to collect this debt for our client and any information obtained ll be used for that purpose. W-W T%RN. - _T "IN CARD ",064.14 $6,060.14 Payment Due Date June 21, 2009 22 SDSN6AOt 0004242 h THERESA PEIFER E+ 1 500 MUMPER LM ?r3N DILLSBURG PA 17019-9349 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. Enter Amount Enclosed Below $? Please make check payable to Discover Card. Minimum payyment due includes a past due amount of $1,1 13.00. 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 Discover.com/payments today. PO BOX 6103 111...IIII unIt lu11111 r,l CAROL STREAM IL 60197-6103 (1(L1(11 15r,11(11 ill111,11111,r,l 11111r,r,11111r,111((11(1?(( 000001986762385196242060601400000000606014 Discover More Card Account Summary Closing Date: May 22, 2009 page 1 of 1 Account number ending in 8179 Previous Balance 'Payment Due Date June 21, 2009 Payments And Credits $6,060.14 Minimum Payment Due $6,060.14 Purchases 0.00 Credit Limit $5,900.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 finance charges ? + 0.00 Cash Credit Available $0.00 - ? - New Balance +-__.-_ 0_00 = $6,060.14 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0 00 Cashback Bonus Balance $ 0100 Cashback Bonuse Anniversary :Date: April 22 - - - - - - How Can We Help You? I. Visit Discover.com to pay your Will for no cost, view your 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 Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3 • Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You 'While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR For purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. I 1xHIBIT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance Rates PET s _ RATES current billing period: 30 days CHARGES CHARGES Purchases $0 0.06915% 25.24% V 25.24°i $0 Cash Advances $0 0.06915% 25.24% V 25.24% $0 $0 $0 The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above. Important Information. If there is more than one page to this billing statement, see the back of each page for additional important infor mation. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1-800-347-2883. Billing Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet of paper at Discover MoresM; PO Box 30421, Salt Lake City, UT 84130.0421, as soon as possible. We must hear Trom you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and Account number. :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 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. Special 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 you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services miles of yourumail ng addrpssro.tection we own oire the urchase rice was operate the merchant, or more than 0 and e advertisement for he goods orrse services, purchases lwithin 100 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 payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received on or after 1 Monday through Friday or on a weekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope, send ur payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197.6103 Please allow 7-10 days for delivery. If your payment is returned unpaidywe reserve the right to resubmit it as an electronic debit You can ay your minimum pa ment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2683 You will need this statement and your bank account information You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.5. 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 you authorize from your bank account and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such 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 payment, however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-800-347.2663 or by mail at address listed in the previous paraggraph. 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 less 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. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover MoresM Card, PO Box 15316, Wilmington DE 19850.5316. Please include your name, address, home telephone number and Account number PERIODIC FINANCE CHIA ROES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pay your entire New Balance, by making payments or receiving credits. However, we will provide the followin "grace period" If tyou Ppaid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you paV the New Balance by stat ment. Ottherwise, youtwillsrecevenat we ? willstatemenot month that includesPerriiodc FinanceaChargestois, n those h new TT purchases.Thereristnio 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. Tor 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 for each day of the billing period for each transaction category. We use the following equation to compute Periodic Finance Charges for each transaction category: Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (See the finance charge summary on your statement for these amounts.) Then we add up the Periodic Finance Charges for each 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 average daily 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 Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement and dividing the total bgy theln umber of dayys in the billing category ebcompute the dailyeba alnceafor each transacttiioneca ego aonaeachida cb lirl adding the following to the previous day's daily balance. transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the daily balance for the previous billing period, we consider the "previous day's daily balance" to have been zero on the first day of the 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 adde are addedhorthe aphplicabe balance transferptransactionhcategory Whenathe specialggorateaexpiires we movefthe unpaidlibalance ofpthe balan eetr nsfer and the Balance Tr ansfer 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 TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Thr. Mgnmiar6u MnrngM f`a r(1 is ie--i h,, ni-...1 Rant AA-m .r rnir 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) WWR# 7570219 Theresa Peifer '6011300950638179 OF THE. ? 2009OCT -6 AIM 8? 4fa *"l8.5o p U ATri cx* 4aq8(9(5 at a 31 4 8a R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~45i;,t" ut ~rtirlLt~(,~t~4 ~g€ . _ ~ -~ ll ~ ~ -,-. Discover Bank vs. Theresa Peifer Case Number 2009-6638 SHERIFF'S RETURN OF SERVICE 11/13/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theresa Peifer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Theresa Peifer. Neighbors at address requested for service of 921 Gettysburg Pike Mechanicsburg, PA 17055 do not know the defendant. The Mechanicsburg Postmaster has advised the defendant's mail is delivered to address given. An exact address is not available. SHERIFF COST: $42.00 SO ANSWERS, Fr._ ~".~,~.. .Y" `'- November 13, 2009 R THOMAS KLINE, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY n' rr, ~ -. .r ~_!, ', r . rf,V Icj Coui~ty5uite Shenif, Tear: osofl. In;; ~. 2010 Jl~l 30 ('i~~ ~~ ~~+ Cv~ri~.:,::... :~ ~~~~~tN . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 09-6638 CIVIL TERM vs. PRAECIPE TO REINSTATE COMPLAINT THERESA PEIFER Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA ID #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#7570219 DIS ~ . d U ~' f 2~u~l~r~~~ O~ ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-6638 CIVIL TERM THERESA PEIFER Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTM~ WEINBERG & REIS CO., L.P.A. By: ~ Lyndsay owland, squire PA ID #2 520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7570219 n ~ ° v CJ -n -~~~~: ~'• •;~' ' o r s ~ - J - ! ^ ~` ~ ?a ~` ' ~.+ ~ ~~ 2 C'; ~~ C.' ~ 7 i:7 7 ,°_ i= CA •• J .~" Cri -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIV.T.SION DISCOVER BANK Plaintiff No: (~ - ~A~~ ~iv-{ ~~tM vs. COMPLAINT IN CIVIL ACTION THERESA PEIFER Defendant FILED ON BEHALF OF PJ.aint if f COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 {412) 434-7955 . FAX: 412-33$-7130 0757L~219 C A Pi.t SJS 7570219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No THERESA PETFER 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, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY OH 43054 . 2. Defendant is adult individuals} residing at the address listed below: THERESA PEIFER 921 GETTYSBURG PIKE MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8179 . 4. Defendant made use of said credit card and has a current balance due of $6060.14 as of June 10, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.2400 per annum on the unpaid balance from June 10, 2009 A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. a 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. 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 THERESA PEIFER ,individually in the amount of $6060.14 with interest at the rate of 25.240% per annum from June 10, 2009 plus attorneys' fees of $125.00 , and costs. V QIIlG ~7 4. rr ai. iiwi v..a. ~., +.. -- - WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsb PA 15219 (412) 3 -7955 FAX: 2 338-7130 07570 1 C A Pit SJS This law firm is a debt collector attem g to collect this debt for our client and any information obtained 11 be used for that purpose. t!./O~i'!r'4:s~' ~ ti:l'C ~6,UbU.14 CARD 22 SDSN6A010004242 THERESA PEIFER 500 MUMPER LN DILLSBUR~ PA 17014-4349 $6,060.14 Payment Due Date June 21, 2009 ~~. ~ ~~" ~ f ~ y + ~ ~ t~t~G ..~ .... . Enter Amount Enclosed Below -,~~ Please make check payable to Discover Card. Minim~mpa ment due includes a past due amount of $1,f 13,00. WIEI your payment get to us on timeE Pay your bill online and your payment can be made to your account on the same day. Visit Dlscovcr.com/payments today. PO BDX 6103 !!!nr!luurl,lnlrl,!!n! CARDL STREAM IL 60147-6103 Address, e-mail or telephone changed Print change in space (r!!,r!lunn!!lrluln,lr!lnn,!!Il,nnllrllnnr!!n!u!! above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. OD0001986762~851962420606D140DDDDOOD606014 Discover More Card Account Summary Closing Date: May 22, 2009 pogo 1 of 1 ~Accovnt number ending in 8179 Previous Balance $6,060,14 !Payment Due Date June 21, 2009 Payments And Crodits _ p p0 .Minimum Paymenf Due $6,060.14 Purchases + 0 00 Credit Limit $5,900.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 ;Cosh CredH Limit $0.00 Finance Charcdes , + 0 00 Cash Credit Available $0.00 T _ ,_ ~__ New Balance _ _ , ^~~='$6,060.14 Cashback Bonus® Opening Cashback Sonus Balance $ 0,00 New Cashback Bonus this Period + 0 00 ;CnshbackBortus~Anniversnry._ - -----..._... Cashback Bonus Balance $ 0.00 . .__........_ .._....__........_..._.___....._. :Date: April 22 ;How Can We Hel YOU .~ p 1 • Visit Discover,com to pay your bill fur no coat, view your :!t's your choice - 3 ways to help latest Account information, earn and redeem rewards and more 2. Coll 1-800.DISCOVER (347.2683) for fast, easy self-service 'Please have your Discover Card available, options or to speak with a Customer Service Account Manager !For 7DD (assistance for hearing impaired) sea reverse side 3' Write us at Discover Card, PO Box 30443, Salt Lake Cify, UT 84130 :.Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. 'Information For You '.While we are permiNed under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so of this time. We have terminated, however, any introductory or promotional rate on ,purchases and any special balance transfer rata, and applied the standard APR for purchases io your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the ,minimum payment due by the payment due dale. See the Default Rate Plan section of the Cardmember Agreement for •....: details. .. 1~----- ... _ ____._ :Finance Charge Summary Average Daily Nominal ANNUAL. ANNUAL Periodic Transaction Fee Doily ncas Periodic Rates PERCENTAGE RATES PERCENTAGE RATE$ FINA aC~ FINA G S ~ CHA ~ HAR E current billing period: 30 days Purchases $0 0.06915% 25.24% V 25.249'0 $0 $0 'Cash Advances $0 0.06915% 25.24% V 25.24% $0 $0 ~7he rates that apply to your Account ore either fixed {F) or they may vary (V) as Holed above. Important Information. II there is more than one page to ibis billing stalemenl, see ltie Dack of each page for additional important information. See your Cardmember Agreemem. Your CardmemDer Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1-800-347-2683. BIIBng Rights Summary. In Casa of Errors or Questions ADOUt Your Bill: If you think your bill is wrong, or if you need more information about a transaction on yyour Diil, write us on a separate sheet of paper at Discover MoresM; PO Box 30421, Sall Lake Gty, UT 64130.0427, as soon as possible. We must hear Tram you no later Dtan 6D days after we sent you the first biU on which the error or problem appeared. You can telephone us, but doing so will not preserve your r~gats, in your letter, give us the following information: •YOLr name and Account number. •The dollar amount of the suspected error. •Describe the error and explain, if you can, why you believe there is an error. tt you need more information, describe the item you are unsure about. You do not nave 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. Specter Rule for Credit Card Purchases: If ov have a problem with the quality of ggoods or services that you purchased with a credit card, and you,have tried in good faith to correct lXe roblem wish the merchant you mayy rSOt have to pay the remaining amount due on the goods or seraces You have this protection only when Phe purchase price was more than $50 and the purchase was made in your Noma stale or wlhrn 10D mites of your mailing address. (If we own or operate the merchant or if we malted you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.} Payments. Send Dory your payment and the lop portion of this statement in the cnvewpe provided. Do not send cash, 8y sending your check as described above, you authonze us to use informalon on your check to make an eleclronre fund transfer from yyour account at the financial msUtution indicated on your check or to process the payment as a check transaction. tt 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 luntl transfer, funds may >m withdrawn from your account as soon as the same day we receive your payment and you wilt not receive your chock back from your linanciat inslilution. The prxessing of your payment may be delayed ff you send cash, correspondence or other items with your payment, if you send the payment to any othher address or if you use an envelope other than the one provided. Payments raceivo0 on or after 1 PHi Monde through Friday or on a weekend or Dank holiday will be posted to your AcCaunt as of the next business day. If you have misplaced your envelo~e; send your payment to Discover Bank, PO Box 6103, Carol Sireem, If. 60197.6103. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronk debit. You can pav your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us al 1.6D0.347.2683. You will needd tins stalemenl and yyour bank account information. You must ensure that sufficient funds are available rn your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip Code. 8y entering those numbers as your electronic signature, you will be agreeing to tars authorization to anew us and your bank to deduct each ppayment you authorize from Xour bank account, and to initiate debit or credit entries to your bank account, as applicable to correct an error in U1e processing of such paym nl You must tell us the amount of Baca payment, or you can select an amount such as the Minimum Payment Due or the New Balance on each sletemenl. You can cancel a payment, however we must receive notice at least three business days in advance of the scheduled payment.. ,You may notify us by phone al 1-600.347-2663 or by malt at address listed in tae previous pareggraps, if your payments may vary in amount we wdl felt you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be less Phan 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 cradtl bureaus Late payments, missed pa meets, or other defaults on your account may Do reflected m your credd report. We normally report the status and payment history of your Account to credit repprung agencies each month. If you believe teat our report is inaccurate or incomplete, please write us al too following address: Discover r~ress+ Card. PO Box 15376. Wilmington DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CNARDES. Periodic Finance Charges are imposed on elf Uansactions from the dale the transaction is posted to your Account until the dale You pay your entire New Balance, by making payments or receiving credits. However, we will provide the following "grace perrod." if you paid lee Now a ance on your previous bilhng stalemenl by tae Pa meal Dua Dale shown on that statement and you payy, the New Balance Dy the Payment Due Date on this stalemenl, we will nal impose Periodic Finance Charges on new purchases, that is, purchases -usl appearing on lhrs stalemenl Otherwise, you wit! 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 yyoour transactions into ggroups of purchases, cash advances, and balance transfers and Then further sort the transactions within each group b`/ their Annual Percentage Rate. For example purchases subiecl to a Gromolional rate and purchases subject to a standard rate would be Separate groups We refer to these groups as lransaclion categories. At the end of eaca billing period, we compute balances and Periodic finance Caarges for each day of the bilinc~ peuod for each lransaclion category We use the following equation to compute Periodic Finance Caarges for each transaction category. Average Dairy Balance x number of days in the billing perod x Daily Periodic Rate. (See tae finance charge summary on your statement for these amounts.} Thon we add up the Periodic Finance Charges for each Uansaction category to et the total Periodic Finance Caarges for your Account The Average Dairy Balance is shown as zero if, because of the grace period, no Perio~rc finance Charges apply to the balance ur a transaction category. We use the lwo•cycle,average dairy balance (includlnAg haw transactionsy method of calculating the balance upon which we impose Periodic Finance Caarges. This means d you did not pay tae New Balance shown on the billing statement you received during the previous billing period by lire Payment Due Date shown on twat statement, wo will impose Periodic Finance Caarges on new purchases that first appeared on that baling statement, as wolf as now purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on lee pwchases on your previous billing statement Wo compute the Average Daily Balance for each Uansactlon category by adding up ail the daily balances In a biihng period for a transaction categgory and dividing the total Dry the number of days in the bithng cycle. wrye compute the dairy baance for each transaction calagoiy on each day byTirst adding the following to the previous days daily balance: lransacl'rons made teat day, tees charged. that day and Periodic Finance Charges accrued on tae previous day's salty balance; and by then subtracting any credits arts payments that are appbed against the balance of the transaction category an that da , In calculating the dally balance for the previous billing period, we consider the "previous day's daily balance" t0 have been zero on Ina first day o~ the billing period. If a transaction is osled to your Account after the close of he billing period m wNch it occurs, we will treat tae transaction as having occurred on the first day of the bilBng period in which it is posted to your Account All fees charged to,your Account are added to tae standard purchase lransact}on category with the oxceplion of Casa Advance Transaction Fec Financr Chargges whtch are added to tae applicable cash advance transaction catetgory and Balance Transfer Transaction fee finance Charges which are added to the a pitiable balance transfer lransaclion category. Waen the special rata expires, we move the unpaid balance of the balance transfer and the Balance -Pranater Transac0on Fee Finance Charges to the standard purchase transactron 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 Firance Charges in lea applicable lransaclion category until the special rata would have expired. w 0 0 0 ib ~c c>, For TDD (Telecommunkatlona Device for tae Deatj assistance, please calf 1-800-3d7-7448. 7hn nIFP.IIUP.f6(1 MnIR SN f aM ie iec,mrl by ntenrn,ar nano u•ml.e. eror 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 Mana~yer of DFS Services LLC ,plaintiff herein, that (Title) (Coznp~Y) 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) WWR# 7570219 Theresa Peifer '6011300950638179 s ~ t i i X,' ~~ ~n _. ~'. _ ., ~,. z ..:. „o. a ~.~ .,~. ~~ 7E~E , ~ ~ r~,~Y 2G(~ JJE. 19 ~'~~ 3~ I IN THE COURT OF DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant ;OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 09-6638-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7570219 IN THE COURT OF DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant Before me, the COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 09-6638-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT ned authority, personally appeared Matthew D Urban, Esquire, who, being duly sworn according o law, deposes and says that on July 8, 2010, he did cause to be sent to Defendant, Theresa Peifer, laintiff's Complaint by Certificate of Mailing Postal Form 3817 and on July 8, 2010, he did cause to be se t to Defendant, Theresa Peifer, Plaintiff's Complaint by Certified Mail, Return Receipt requested, d rected to the Defendant at her last known address of 921 Gettysburg Pike, Mechanicsburg, PA 17055. rue and correct copy of Plaintiff's Certificate of Mailing PS Form 3817 is attached hereto, marked as xhibit "1" and made a part hereof. Furthermore, true and correct copy of Plaintiff's Receipt for Certifi Mail is attached hereto, marked as Exhibit "2" and made a part hereof. As the Order of Cou states, service is deemed to be perfected as of July 8, 2010, the date of mailing. WELTMAN, WEINB RG &REIS CO., L.P.A. -~~ By: Matthew D Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7570219 Sworn to and sus ibed ~~~.~ ~ day before me this ,,jai see day of , 2010. weedy ~. GaWt, Notary Publk C0.Y of Pftb~urph, ANeplleny ~ntY My Commisslon 6cpkes ]uly 15, 2014 Member. PennsvNanla Assodat9on of Notches NOT PU ~~~ _._, {~It(ITErOSTI~TF"S CerEificafe Of To payree,aSa 1'OST/~L ,ERV1~F~ Mailin melerpostager ~~ ~ 1 _4 `~' C~ ~, ~ ~.i This Cedificale of tvgiing provide evidence that mail has been presented to USpS~ for mailing. .`~ ~p~ This form may he used for domez is and international mail. ~~~ '~"°' ~~l °`- ~.. t~ From: ~ - - i`-- 36 7~h eve. ;:` 4~ ~ ~ W i s urgh, Pik 15219 ~,' ~•~-~.~~~ ~ ~aso:i,~.,f, _ ~ ~:~ mark He x71-7 t f', i~ t 1 !` ~/'t i I L /~ ~i i 'K J y' -v',::.. P5 Form 3817,April 201 ~7 PSN 7530-02-000-9065 ,~ p ~ , r - . ..- .-. Q-. fL 17'I ~ Ponta S 9e '' „• ,~ , .~ J ` ~?~'~~ ~y ST STS r9 Certified Fee ~F r f • 7 ~r ( 4 ~i4 L \ J ~ O (En Retum Receipt Fee oreement Required) , Po .7., • o x r ~'~ p a ~ Re (E d Delhrery Fee rsement Required) .n f ~ ~. ~ '~ : •-. 0^ fL T 1 Postage 8 Fees $ 3~`p Vii ~ S. ~ ` yg~ ' ~ r,.. ~ ~ ~ Sen o _ /~ `. hJ~~ ~"\ J ra J 1 ~ ~~ ~ ~ or ~ ~-~:.. ... Box No. ~'7 I • . . ... - ).l.L.~. ~ I t~-~'i 1 ~ ~ i 1 L / JI~ .171)/ SRV7~ !''s1~1d G1I1~1~ V RJED-{;f-PC E T OF 7f. Vl F" coutm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant No: 09-6638 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 07570219 C A Pit DIP Judgment Amount $8009.36 *14.00 PO P-T N It 4'50 1 1a ag818/ w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA PEIFER TO THE PROTHONTARY: Civil Action No. 09-6638 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant THERESA PEIFER above named, in the default of an Answer, in the amount of $8009.36 computed as follows: Amount claimed in Complaint $6060.14 Less payments j adjustments made $0.00 Interest on the remaining principal balance of $6060.14 from June 10, 2009 to August 20, 2010 @ the interest rate of 25.240% per annum $1824.22 Attorney's fees $125.00 TOTAL $8009.36 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: James C. 4arm ro t,4 0757021 A Pit DIP Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburc And that the last known address of the L THERESA PEIFER 500 MUMPER LANE DILLSBURG, PA 17019 PA 15219 fendant is : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant TO: THERESA PEIFER 500 MUMPER LANE DiLLSBURG, PA 17019 f Date of Notice: LO Case No. 09-6638 CIVIL TERM IMPORTANT NOTICE 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, W RG & REIS CO., L.P,A. By _ Matthew Urban P.AJ.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434- 7955 7570219 A PIT H4N DISCOVER BANK Plaintiff vs. THERESA PEIFER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-6638 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th? ollowing order of Judgment was entered against you on 1 r??p (xx) Assumpsit Judgment in the amount of $8009.36 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: )r_61Q1 THERESA PEIFER 500 MUMPER LANE DILLSBURG, PA 17019 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. Civil Action No. 09-6638 CIVIL TERM THERESA PEIFER 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 , THERESA PEIFER 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 DMDC does not possess any information indicating the individual status. THERESA PEIFER 500 MUMPER LANE DILLSBURG, PA 17019 is not in the military service. Further Affiant sayeth naught. Rt:qucst for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-31-2010 12:25:51 . Last First/Middle Begin Date Active Duty Status Active Duty End Date Service enc A Name y g Based on the information you have furnished, the DM DC does not possess PEIFI R hl IERF.SA 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 1?orce, NOAA, Public I lealth, and Coast Guard). 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 (DI:LRS) 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 Relict'Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil RclicfAct 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 ofthe SCRA, you arc strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defense] ink.miI" URL http://w,,vw.defenselink. gill/lac/.)is/'PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification. punitive provisions ol' 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 ol'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. ii'it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. htfnc•//www dmcir ncci mil/anni/erra/nonrrnnrt cin ?'? Request for Military Status I'auc 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 t! SC § 101(d)( I ) 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 I)efense for a period of more than 30 consecutive days under 32 t1SC § 502(f) for purposes oi'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 tJ.S. Public Ilealth Service or the National Oceanic and Atmospheric Administration (NOAH 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 ol•sci-vice. 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 ol- SCRA extend beyond the last dates of active duty. "those who would rely on this certificate are urged to seek qualified legal counsel to cnsure 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 I1):63"f I t J A K 10 P hJ1m-//w-ww (Into wzd nil1/anni/;rra/nonrrnnrt rtn v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant: MEMBERS 1 ST FEDERAL CREDIT UNION, Garnishee, 475 Sv w (JU r 4? sa 17 f '50 3 6 PS/73- S/7 0YboVI 0 No. 09-6638 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) ? cz: c -. f, r f FILED ON BEHALF OF Plaintiff ` COUNSEL OF RECORD OF '' `•='' r THIS PARTY: ' < c- *.a Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7570219 '/ K, e "0= &et z 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant MEMBERS 1 ST FEDERAL CREDIT UNION, Garnishee TO THE PROTHONOTARY: Civil Action No. 09-6638 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against THERESA PEIFER, Defendant pia I l k iShc ?5 ?° ?GL'l,. r 7p5 S" 3. against MEMBERS 1sT FEDERAL CREDIT UNION, Garnishee cl ln4rW P1,0 ?A ", rWlid)- P,f 1-7as5- 4. Judgment Amount $ 8009.36 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 175.11 $ 8184.47 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6638 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVF?BANK Plaintiff (s) From THERESA PEIFER AT921 GETTYSBURG PIKE, MECHANICSBURG, PA 17055 (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 MEMBERS 1sT FEDERAL CREDIT UNION AT 4 MARKET PLAZA WAY, MECHANICSBURG, PA 17055 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,009.36 L.L.$.50 Interest $175.11 Atty's Comm % Due Prothy $2.00 Atty Paid $171.50 Other Costs Plaintiff Paid Date: Feb. 4, 2011 01 id D. Buell Prothonotary (Seat) By: Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1.400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 RECEIVED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN>I/A 201 CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant and MEMBERS 1 ST FEDERAL CREDIT UNION Garnishee No. 09-6638 CIVIL. TER 4I1St"vi"s re)- INTERROCIN ATTACHMENT )MEMBERS 1s' FEDERAL CREDIT UNION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7570219 r'? n.s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA PEIFER Defendant and MEMBERS IST FEDERAL CREDIT UNION Garnishee Civil Action No.: 09-6638 CIVIL TERM TO: MEMBERS IST FEDERAL CREDIT UNION Suggested :Reference No.: XXX-XX-1868 4 Market Plaza Way Mechanicsburg 17055 RE: THERESA PEIFER 500 MUMPER LANE DILLSBURG, PA 17019 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 hirn any money or were liable to him for any reason (including funds on deposit for checking; or savings accounts and certificates of deposit)? NU AU'LwA ? la. 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` 1R 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. N 0 w0.Vk 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? No ?Aecu?r??- 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? Nv ' -Ot nu4- 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? N0 ?- 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? IUD : LUA- 7 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. N D v c?+ 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. tkN 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. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being fiends that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 'N \ix 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N `0, WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7570219 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 Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. 44'*NATURE) C WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 _ Phone: 412.434.7955 rn rn r Fax: 412.434.7959 File # 7570219 --4 DISCOVER BANK :KGs C) Cumberland County Court of Common Pleas ?_? vs. THERESA PEIFER NO. 09-6638 CIVIL TERM and MEMBERS 1 ST FEDERAL CREDIT UNION Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1 ST FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscri Before me th NOTARY PUBLIC ?? ast? u s3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?4???i? pC ?r(iubcrc?hb OF THE PROTHONOTARY 2011 AUG 23 PM 3: 53 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLA'ANiA Discover Bank vs. Theresa Peifer Case Number 2009-6638 SHERIFF'S RETURN OF SERVICE 02/09/2011 01:26 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1324 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Theresa Peifer, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 4 Market Plaza Way, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Amanda Blair, Head Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 10, 2011 to Theresa Peifer at 500 Mumper Lane, Dillsburg, PA 17019. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $90.72 SO ANSWERS, August 22, 2011 RON y R ANDERSON, SHERIFF C s 3.)_ye (Oj GOLIMYSJ,to Shentt. Teio^.s^fl Inc gfr D G 3 3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6638 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From THERESA PEIFER, 500 MUMPER LANE, DILLSBURG, PA 17019 . (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: , M&T BANK, 1 WEST 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 $8,009.36 L.L. Interest $526.64 Atty's Comm % Due Prothy $2.00 Atty Paid $284.22 Other Costs: Plaintiff Paid Date: 11/7/11 Davi , Prot notary (Seal) B : I Deputy REQUESTiNG PAZTY: Name WII.LIAM 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 t'HE CUURI' OF COMMON PLEAS OF CUMBFRi,ANli COUNTY, PENNSYLVANIA C[VIL DIVISiC3N DISCOVER BANK Plaintrff vs. Civil Action No. 09-6638 CIVIL TERM 1~. tAr~Ow'gi4 IV J? D( °r ; HERFSA P~'JrER Detendant(s) , W ...W. M ~ NI,vr,'1 RAT'Y: u~ Garni,Aee(s) PRAECIPE FG':t VA'IZIT 7F Em:Cl'TI()N c?~ -~c-~' ~ "i 0 "rr.;:~. ~'R(i CHONLITA.KY: C: 777 K :;)dly issue a Writ of Exc;cutioi. in ±he ahove rt_ ae, ' 1. dirrcted ~o the Sh.Qrifi of CU-NIBERI,hND Ccunty: 2. against i:;:ERESA PEIFER , Defendant 3. against M&T BANK,,, Garnishee 4. Judv,rnent Amount $ $8,009.36 Les,; Yaycnents/credits received $ $0.00 Interi st $ $526.64 Costs $ SUt3TUTAL: $ $8,536.00 CoAs (to bz added by Prot-,jnr.,tar;;-): $ N'l;I.,'1'MAN, Wt;INBERG & RE1S CO., L.P.A. ~ W:.Ai_l".m 1,. Mol+;zan_, Esquire ~O. .7a uu PA I.D. #47437 I$-to l0. WELTI~'[AN, Wi;IT~BERG & R~;IS CO., L.P.A. ~y,. ~u u 1400 Koppers building 436 Sevenih Ave~uc: Pittsburgh, PA 152 i 9 Z5 r~~ ~ (412) 434-7955 0~ ~10 `d O c1U~I S c~.-W~No.7`i0219 UU 4 o~ & D;S U6::4 . , . . IN THE CULTF,T OF COMMON.PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION UTSCOVER EANK Plaintiff No. 09-6638 CIVIL rI'ERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK A'TTACHMENT ONLl) Def.;ndant(s) T7&: BA?':K C,arn:s,hee(s) FIL:'D Or' BFi{A?..r OF Pl3i1Z'.:r',' CQUNSEL OF RECORD OF THTS PARTY: Williani 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 , , i WWR No. 7570219 I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Theresa Peifer ?4??ti?ta of ?uut6rp?a ? OFF:CF.OF'..F --1-ZR1FF FILED- -0FFlu.. QH (G 5.- CUMBERLAND COUNTY PFNNSYLti ANIA Case Number 2009-6638 SHERIFF'S RETURN OF SERVICE 11/15/2011 09:50 AM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, b? handing to Jessica L. Reese, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 15, 2011 to Theresa Peifer at 500 Mumper Lane, Dillsburg, PA 17019. SO ANSWERS, November 16, 2011 RON R ANDERSON, SHERIFF Noah Cline, Deputy jrj GounrySuite Sheriff. Teleosott. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK VS. THERESA PEIFER PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for DISCOVER BANK in the above case. Date: December 18, 2014 NO. 2009-6638 17475 Si.gnattsr+e,D Num Stephen Seli ger Print Name Eltman, Eltman & Cooper, PC Firm 140 Broadway, 26th Fl Address New York, NY 10005