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Home My WebLink About09-8354IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No : ®9 , g'3 5 7 vs DARRYL R BROWN JR Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07884601 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DARRYL R BROWN JR Defendant Civil Action No 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: DARRYL R BROWN JR 420 W SHADY LN ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4619 . 4. Defendant made use of said credit card and has a current balance due of $2909.06 , as of August 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 28.990% per annum on the unpaid balance from August 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. 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 , DARRYL R BROWN JR individually , in the amount of $2909.06 with interest at the rate of 28.990% per annum from August 10, 2009 plus attorneys' fees of $125.00 , and costs. James c / warMDroaL, ?Z0Z? WELTMAN EINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitt sb r h, PA 15219 (412) 4-7955 FAX: -338-7130 07884 1 C A Pit KMJ This law firm is a debt collector attemp ing to collect this debt for our client and any information obtained ill be used for that purpose. 77 - c New Balance Minimum Payment Due Account Number ending in 4619 Cf -vER $0.00 $629.00 Enter Amount Enclosed Below D' J CARD $ t Due Date P aymen 09 September 25, 20 d ? t?? Q I D k. .1 i 31 SDSN6A01 0003946 Will your payment get to us on time? Pay bill online and your payment can be RYL BROWN JR your DAR 420 W SHADY LN made to your account on the same day. Visit ENOLA PA 17025-2241 Dfscover.corn/payments today. PO BOX 6103 CAROL STREAM IL 60197-6103 e-mail or telephone change? Print change in space Address , above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458451887919000000000000000062900 Discover More Card Account Summary Closing Date: August 31, 2009 Pogo 1 of 1 Previous Balance $2,909.06 Account number ending in 4619 Pa ments And Credits 2,909.06 2009 y Payment Due Date September 25, + 0.00 Purchases Minimum Payment Due $629.00 Credit limit $2,000.00 Cash Advances + 0.00 0 00 + . Credit Available $0.00 Balance Transfers + 0.00 Charles 00 Finance -- - - _- ---- 000 - - _.._ - . Cash Credit Limit $1, Cash Credit Available $0.00 New Balance $0.00 Cashback Bonus® Opening hbock Bonus Balance 00.00 .00 New Cashboc Bonus This Period + Cashbock Bonus Balance $ 0.00 Cashback Bonus@ Anniversary Date. September 5 1. Visit Discowr.com to pay your bill for no cost, view your ore How Can We Help You? CoRslAccount 5C0 ER 1(347 am an rrredfast, so easy rewards nd more It's your choice - 3 ways to help 2 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 Payinents and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF $ -2,909.06 n, Finance Charge Summary Nominal Transaction 3 Average Daily di i P ANNUAL PERCENTAGE ANNUM Periodic PERCENTAGE FYJANCE Fee FNANCE Daily al nces c er o Rates __ _ RATES _ RATES CHARGES CHARGES ? i current billing period: 26 days Purchases $0 0.07942% 07942% 0 28.99% F 28.99% F 28.99% $0 28.99% $0 $0 $0 Cash Advances $0 . I The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important Irrlossnadaa• H there is more than one page to this billing statement, see the back of each page for additional important information. Sae Yew Cardnietsrbar AWeement. Your Cardmember Agreement contains all the terms of your Account Loot ar stoWn ca*. Report immediatel ors or y! Call tte-1100-94po7--o2au6??9er gpI t you 9 votuv e? qp tproasns, mUSt ??il Ito u o Wta anC60 drays attdr Was sentlviolewUV reCfxd P?tIbx i4ht?Saer? or pr?luT appea ed?? ca?tdephone Us but doing so vAll not your tights. In your letter, give us thb tollowmp InfomiaUOn. • our name and Actal numbef. . the dollar amount of tnep ??? ? believe there Is an error. H you need more Information, describe the item you are unsure cri the ertor and ex a Ii can, wnY YW you oav y?? not have t0 anY amount ini e?? ? cainnM report ?U n ? am still obit ated to the tarts of r bill that are not in de?nquertt or take any ac?lon to c0ilect th emoun you question. question. Wnlle we InYesUgate You q es a ?c? fat rehased with a credit card, and C psrd?as: H you have a problem with the puality of goods with a merchant, morel not aye to the remal In 6 ? ?? al?1D cam me roEidtrd? to li n mount due on fine goods or seMca. ou h this aR only when the ase was more than Sy45uU and the purchase'vYas made in r home state a with 100 miles of yvoouiir maavvagqlingQ s. (It we own a o?rpauto tha enchant, a H we maflW you the adveNsement for the a services. all purchases aro coveretl er gardl?s 0t th?oUnt a location M purchase) .. J ..I_ ..? -- ...,..,. in rn. 'nvelme oravlded. DO nqt send cash_9Y._send: i? K?;?^(;(?k a5 ppaynretn a oNe?er?doerfUarualts6tv ono ues each +buroausp. ?Lante ??ts. missed 6rt'eaand n Atxmaeu a{i)nu adadZ! D1CS000wua Card, PO Bdx 11531Hmington. then 0 noes. ?gr?ee VYe will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges o IesM s arf.50 wool oth rr+ise be Impose0. yyeeaa The amount of 4 beo p any hotl us that wish close your Account {eeappearsyponuthe statement vadnjennMet fee (sHbllledb Tdel?nualnlx If nnoitnrLtundd. o, wfi r r Account Is open . within 30 days of the mailing or delivery date a the statement on which the fee is bllieleO. You will receive this refuAd even if you use your Card during that period. ronsactions Into groUD? of purchases, cash advances and tliance m 0 m N (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate) )) Dp l your billlnF statement ?Ur Aunt these or Average Daily Balance IS Shown as zerb If, because of the grace .erer to the finance ettarge_summarXon trans nl l V ape ?• 1 ' and Periodic finance hatroo?ees?sruu60 on the previous ddaayrys da IY buallancae, a then su rig day sous dllin riod. caf last daytol y"Fr. e u n od. we co Ider the Fee y inst the balance eVansactlon ca °?lana runt c hl tr nsnaetlon c ba"ll h 4us days dalht balance" to have bee c6ri All Tees cl5ar To r Account are to the standard urchase transacUO c with the ex E ofsaCcaUsh A TransactioOnes is you ooI C?(eporyto ez res we move the unpaid balan,of the balance Fiinnannccee a e a ich aree aria VansfEt trnaae?lc?on catego?ry? W enthe special ra a d lance Transt n on a Finance Char rice Transfer Transactionaee k 4' transfer and the ricea,,WTra?sier T nsas Fee tman? Cnar9peas to the staAOdtand purchase transaction ca?eoory Ha+rever, the special to has tra been tennlnar oreica ?et??aneansftiansaelonurctalegdor?ylunti?l the specaial rate v+ou drhave expthe expired Finance Charges in t PDI n.sn uer•tance. ukase cell t-1100 847-7449. ... ,-° , ?oU oavm se ohm? casn?adneunCIS or It? ai or att?er 1 Prtrit burent if sin TancdiliheMond ant to r an o A nt a of the next businass da If h misplaces 91 0 days dr delivery. If your payme Is return Ifaur nic -st03. lease allow 7-1 f d 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 James Ball (Name) Team Lead 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. WWR# 7884601 Darryl R. Brown '6011002331884619 f? Tt sir f ul?? 26 ?; 1, J•; l-j ` v? 434 3773 J IN THE CURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK: Plaintiff vs. Civil Action No. 09-08354 7u ?D> ma c, ca 3 -n :7 DARRYL R BROWN JR- Defndant 4 Ad w eSVio?df Lr;?.Yle , ?irt of Q t ?W ?'70 a S PSECU, Garnishee L 1 CYe k Unvoyl PRAECIPE TO INDEX WRIT OF EXECUTION ? s\" t PY4 )1110 AND ENTER IT IN THE JUDGMENT INDEX O THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of DAUPHIN County: 2. agt:ir.st DARRYL R BROWN JR, Defendant 3. against PSECU, Garnishee 4. anu enter this writ in the judgment index (a) again ;t DARRYL R BROWN JR, defendant, and (b) agains± PSECU, as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: Any and'or all personal property belonging to the defendant(s) in possession of the garnishee(s). 5. Judgment Amount Less ,,aynients of Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): itq 1 ?. C)0 tL It a sou ?? co ?d a 60. ? s a ?L- Cti? I?1433`3 ?? aba 3s ? $ 3486.92 $ 696.00 $ 255.05 $ 3045.97 WELTMAN, WE RG &REIS CO., L.P.A. B / -_ 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK: Plaintiff No. 09-08354 VS. PRAECIPE FOR WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX (BANK ATTACHMENT ONLY) DARRYL R BROM'N JR. Defendant PSECU, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07884601 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8354 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From DARRYL R. BROWN JR., 420 W. Shady Lane, Enola, PA 17025 (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: PSECU, 1 CREDIT UNION PL, HARRISBURG, PA 17110 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 $2,790.92 L.L. $.50 Interest $255.05 Atty's Comm % Due Prothy $2.00 Atty Paid $161.00 Other Costs: Plaintiff Paid Date: 7/26/11 Davi _ onotary ' (Sea]) By: REQUESTING PARTY: Name MATTHEW D. URBAN, 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 Deputy Supreme Court ID No. 90963 IN THE (OU%..T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DARRYL R BROWN JR Defendant and PSECU Garnishee (( CV 7 ?55 ' " No. 9-08354 INT RROGATORIES IN AT TACHMENT PSECU ..tip ta"? ?"r'1n ?n""; ?t"n•C co -?C FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & R EIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07884601 mco .rn rri 4- -- Lnr Y - 5 CD JF+ CD tv c) '. D .,.? rv z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DARRYL R BROWN' JR. Defendant and PSECU Garnishee Civil Action No.: 09-08354 TO: PSECU Suggested Reference No.: XXX-XX-7938 1 CREDIT (.ANION PL HARRISBURG, PA 17110 RE: DARRYL R BROWN JR 420 W SHADY LANE ENOLA, PA 17025 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 tl:e tirne 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 eny reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Yes. 1 a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe, or owed to him; and the nature and amount of each of such liabilities. See attached. 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. Yes. See answer #3. 3. At the time you were served or at any subsequent time did you hold legal title to any property of nv nature owned solely or part by the defendant or in which defendant held or claimed any interest? Yes. 2 Auto Loans. L13 2000 Dodge Durango $4,734.11 plus interest L15 2003 Honda CBR954*R $1,908.71 plus interest Auto title held as collateral for loan balance. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant i,ad an interest? No. 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? No. 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant againstyou? Yes. Transfer pursuant to defendants direction. Semi Monthly payroll transfer as follows: L13 2000 Dodge $119.44 8/31/11; L15 2003 Honda $68.41 8/31/11; L20 Signature Loan $50.00 8/31/11. PSECU Loans. T If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant ha- %, funds on deposit in an account in which funds are deposited electronically on a recurring basis and wHch are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. No. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendwat have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, dial not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. No. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 8/23/2011 10. If the answer to Interrogatory I is in the affirmative, state the date the written instrument, checking or savings account, cttrtificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 8/23/2011 H. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited eketronically 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 1 I 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. Bv: 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#07884601 DISCOVER BANK, Plaintiff VS. DARRYL R. BROWN JR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-08354 No. 2011-CV-7755-NT and PA STATE EMPLOYEES CREDIT UNION, Garnishee ANSWERS TO INTERROGATORIES la. Account # 0167687938 Darryl R. Brown, Jr. Sl Regular Shares $ 5.00* S4 Checking $ 1,535.19** *$5.00 Membership Fee held in Regular Shares. **$237.85 Transfer pursuant to defendants direction (see answer #6) Account #9731021409 Darryl R. Brown, Jr. Sl Regular Shares $ 5.00* S4 Checking $ .01 *$5.00 Membership Fee held in Regular Shares. $ - 300.00*** ***$300.00 Exempt from attachment under 42 Pa.C.S.8123. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating Judgment Collector of PSECU (Title) (Name) to unsworn falsifications to authorities, that he/she is Kathleen Weinstein garnishee herein, (Company) that he/she is duly authc,Jzed 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. T (SIGNATURE) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh Avenue, Suite 1400 C Pittsburgh, PA 15219 A Phone: 412.434.7955 Fax: 412.434.7959 Zr- n File 4 7884601 <> ?v DISCOVER BANK Plaintiff CUMBERLAND County Court of Common Pleas vs. DARRYL R BROWN JR Defendant(s) NO. 09-8354 PRAECfPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: a zc:) _ --? w - r-"Urn C5 cp - r XQ C ---I r"' Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WE By Sworn to and subscribed Before,me the day of , 2011 V NOTARY PUBLIC COMMONWEALTH f PENNSYLVANIA Notarial Seal '`(5,uL U. Kievan, Notary Public oss t wp,, Allegheny County My ornrnis>slo,i Expires Nov. 15, 2014 t IBER, PF-Ni3RtA 4,A ASSOI-TAiION OF NOTARIES Sarah E. Eh? Attorney for & REIS CO., L.P.A. -* g . oo P D Aytq a* j0&,75y-73 O#Aa 88_P