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HomeMy WebLinkAbout10-0223 TTE PR0 p!0?07ARY 2010 JAN -6 PM 3: 4 7 COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Io- Aa3 Civ;l Terry VS. COMPLAINT IN CIVIL ACTION DEBRA D FOUTZ 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 07959646 C A Pit KMJ +Aa .00 Pty ATTY e_t* 44053w/ 81ou $(p 0 AT* d.35W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No DEBRA D FOUTZ 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 b 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: DEBRA D FOUTZ 138 B ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3893 . 4. Defendant made use of said credit card and has a current balance due of $8929.41 , as of November 09, 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 29.990% per annum on the unpaid balance from November 09, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 0 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 , DEBRA D FOUTZ individually , in the amount of $8929.41 with interest at the rate of 29.990% per annum from November 09, 2009 plus attorneys' fees of $125.00 , and costs. fames WEL 436 Pit s (4 ) 0 --- ----------- WEINBERG & REIS CO., L.P.A. e enth Avenue, Suite 1400 b rgh, PA 15219 434-7955 412-338-7130 646 C A Pit KMJ This law firm is a debt collector attVdpting to collect this debt for our client and any information obtain d will be used for that purpose. IJ1bV V tK $8,929.41 CARD 22 SDSN6A01 0004834 DEBRA FOUTZ 138 B ST CARLISLE PA 17013-1907 $8,929.41 I Enter Amount Enclosed Below Payment Due Date $1 6q? November 17, 2009 please make check payable to Discover Card. Minimum payment due includes a past due amount of $1,810.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 (II rr.IlllrrlIallBill rllrrl CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space b a ove, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986623605876502089294 100000000892941 Discover Miles Card Account Summary Closing Date: October 22, 2009 page 1 of 1 Account number ending in 3893 Previous Balance $8,929.41 Payment Due Date November 17, 2009 Payments And Credits 0.00 Minimum Payment Due $8,929.41 Purchases + 0.00 Credit Limit $7,200 Cash Advances + 0.00 Credit Available $0 Balance Transfers + 0.00 Cash Credit Limit $0.00 finance Charges + 0.00 Cash Credit Available $0.00 ___ New Balance = $8,929.41 f Opening Miles Balance 0 Miles New Miles Earned + 0 by DISCOVER cAk Miles Balance 0 Miles AnntversaryDowOctober 22--------------------- ..------- -------- _..--------- Earn Miles even Faster! You can earn Double Miles on up to $3000 in travel and restaurant purchases, plus 1 Mile for every $1 spent on all your other purchases. How Can We Hel YOU? 1 • 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 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, Sak Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance s Rates RATES RATES CHARGES CHARGES current billing period: 22 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Past Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $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 Information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account rn Lost or stolen cards. Report immediately! Call 1-800-347-2683. co Billlnu RII Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wron , or If you need more InionnaUon about a oz transACtioh on yyoour bill, write to us on a separate sheet Mager at Discover Card PO Box 30421 Sal Lake City. UT 84130-0421 as soon as possible. We mLSt hear from You no later than 60 days sent you the firs( bill on which the error or prbblem appeared. %u can telephone $ s but doing so will not Areserve your rights. In your letter, give us the following information: • Your nam and Account number. • The dollar amount of the su ected error rn Describe the error and expla?R, if you can, why you believe there is an error. If you need more Information, describe the Item you are unsure e about You do not have to ppaayv anyy amount in uuuestion while we are invest) atin , but ypu are still obligated to ply the parts of ur bl?1 thtare not in question. While we InVesUgate your Question, we cannot report you a def?nauerft or take any ac?inn to r i!S 16r1,h[ ?n , Y° ar ,,w..? S S cial Ride for Credit Card Purchases: 1fyo u have a roblem with the quality of odds or services that You purchased with a credit card, and u have tried in ?oo?pd faith to correct the rbblem with phe merchant yyopu may pot Roods to pay the wralmng amount due on the cods or services. ou have this rot son only when the rchasepnce was more than ;50 V2the purchase was made in Yyoou?r home state or with f? 100 miles of your mailin apddress. ((If we own or or tto the merchant, or If we mailed you the advertisement for the grwds or services, all purchases are covered regardless the amoilnt or location purchase) Paavvmmer? Send onl r a ment and th to on of this statement in the envelo o midd D not send cash. % sendin your check as descrl above, varYait?oipz? us to use ir7orrtPiation on your check to make an electro ? and transer from your acco0nt at th? iinanclal Institution indicated on your check or to ocess the payment as a Check transaction. If lay, ment Is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your ch k ake an electronic fund transfer funds may be withdrawn from your account as soon as the same day we receive your payment, an3you will not receive your check back from your inancial institution. The processen of Yyoourpayment max be delayed If you send cash comes d ponence or other items with your pa ent, If you send the avment to any othe[[ addres? or Tf yoU use an envelope other thar?the one orovi'ded. Payments received on or after 1 PM at dur $rocefsing facility A?ondaY or on a weekend or bank holida will be posted to your Account thfou h Fdda as of the next business da It you h ve misplaced vo r envelope send ur p nantto Discover Bank, PO Box 61"03 Carol, Stream, iL 60197-6103. Please allow 7-10 days for de?ivery. ttyour paymefitis returned' unRaI , we' rr'senre the right to resubmit it as an electronic debit You can pay.your minimum payment or a reater amount over the telephone, and You can set uC automatic pa ments. Call us at 1-800-347-2683. You wi11 ne this statement arfdsyour bank a?count information. i ou must ensure that s I iclent funds are avaUaXle In vourr nk account and all transactions must rwmpl with U.. law. You will be asked to rovde the first 5 digits of your account statement zi code ntering those umrs as r elect ic si ndt?re, you will be agre???g to?his authorization to allow s n? your bank to dedu each ant vau authorize m our nk account, and ?o InfUate debit or creaIt enures to your bank account, as apliable, tan error in th esstn9 of such m?nt You must tell us the amount of each pavmant or you can selecan amount ucainim ant ue New Balance on ea?h statement You can cancel a payment however we mrlst receive notice at least three business days in adirance of the scheduled pa rant You may notify us try phone at 1-800-347-2683 or by mail at the address listed in the pmWous paragra h. ? your pavmen's vary in amount, will tell Yon each mdnthl statement when your pa r(?ent will be made and how much R w111 be. Youf a?itoma it c p y2 fr ant amoui5t may be less than indicated on the mofithiy statement based doredits or payments applied during the billing cycle. Credit Reporting. We m re rt Information about your account to credit bureaus. Late avments, missed payments, or other defaults on your account r a be retlectedn ypoour credit re rt We n rmall report the status and pavmerQ nfstory of Cr bunt to credit reportin agencies each min rc y i ?e? ve that put report is inaccurate or incomy eto,lease write us at the to?liowirlo address: Discover Card, PO Btlx 153 6, Wilmington. DE 1850- 1 pease Inc ude Your name, address, home tg?epn ne numbe r and A ccoun number. the Mrs, fur fits. the Minhnun Finance Chaarrgpe. We will charge you a minimum FINANCE CHARGE of 9.50 for any billing period in which Periodic Finance Charges of less than ;.50 would otherwise be Imposes. A nee Fee. If your Account has an annual fee It will be billed at the be inning of each anniversaiv year ur Account Is open. The amount of the tee a pears bn the statement when the fee is billed. The annual fee ig not refundable unless vo0 notit?s that you wish to close your Account within 3 R of the mailing or delivery date of the statement on which the fee Is billed. You will receive this refund even If you use your Card during that period. Periodic Fln0' Charles. We sort your transactions into ?roups of ?urohases, cash advances and balance transfers and then further tort the transactions w thin eacrf group their Annual Percents9e ate. For a amble purchases subject to a DromoUonal rate and purchases suG'Iect to a standard rate would be sdparate?groups We refer to these groups as transactidn cafe Dries. At the end ai each billin perlad, we compuu balances nd Par!odic Finance Chaf es for each day of the billing period for each transaction category. We use the following equation to compute Periodic Finance Charges for eachansaction category (Average Daily Balance) times (days in billing period) times (Dally Periodic Rate). as for these amounts.) Then we add the Periodic Finance Charges for each :count The Average Daily Balance 13 shown as zero if, because of the grace catennrv close category you rst Sol the pillingq ppeeriod, we coAMder the y o1 t previous plllln od. ex tor?of Cash Advaprr?Transaction Fee ransfer Transaction FFee Finance Charoes which move the unpaid balance of the balance Ion cateooz However, If the special rate has and theEafance Transfer Transactinn Fee r-- Tnn .T-1--w...w...wlwwuwww nw.Aww - /1.w nww11 wwwl.?wwww wlwwww --11 4 Onn 419 T/In 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# 7959646 Debra D. Foutz '6011208923353893 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Eli' ?aiaufie;l. FILF-D--Or"FECE OF THE 20 10 JAN {3 Ail 10: 2 b Edward L Schorpp Solicitor CUNA vTY FL?r' Q,ri 'Ri,,IA, Discover Bank vs. Case Number Debra D. Foutz 2010-223 SHERIFF'S RETURN OF SERVICE 01/08/2010 03:18 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2010 at 1518 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debra D. Foutz, by making known unto herself personally, at 138 B Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 January 11, 2010 SO AN ERS, NY R ANDERSON, SHERIFF By De uty Sher if Ik- r ALEG- 3 E F T'r',? FRS`: " NARY 11 58 2010 MAP -8 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA D FOUTZ Defendant No. 10-223 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#7959646 Judgment Amount $ 10910.62 f p4, 0Of'c'fy (-k-4:r qv vro 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-223 CIVIL TERM DEBRA D FOUTZ Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 3 ,y- /6 (xx) Assumpsit Judgment in the amount of $10910.62 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: PROTH ARY (O DEPUTY) DEBRA D FOLITZ 138BST CARLISLE, PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. I0-223 CIVIL TERM DEBRA D FOUTZ Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DEBRA D FOUTZ above named, in the default of an Answer, in the amount of $10910.62 computed as follows: Amount claimed in Complaint $8929.41 Interest from November 9, 2009 to March 1, 2010 at the legal interest rate of 29.990% per annum $1856.21 Attorneys Fees TOTAL $125.00 $10910.62 1 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: 4'z'?4' I ??- WILLIAM T. MOLCZ , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7959646 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 138 B St Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA D FOUTZ Defendant Case No. 10-223 CIVIL TERM IMPORTANT NOTICE TO: DEBRA D FOUTZ 138BST CARLISLE, PA 17013 Date of Notice: 0 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, WE.,WRG & 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 7959646 A PIT T41- IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA D FOUTZ Defendant Case no: 10-223 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, DEBRA D FOUTZ is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, DEBRA D FOUTZ is not in the military service. Further Affiant sayeth naught. f / W AFFIANT SWORN TO Of MW RIBED in my presence this _J_ day 7s))(). C NaWW I" of PM*P% "Afto Cm* 111 1010 Member, aPeW4y1V"An0ddWdF*fteW Request for Military Status Department of Defense Manpower Data Center YMilitary Status Report jgj3W Pursuant to the Service Members Civil Relief Act NOW Page 1 of 2 Mar-02-2010 05:07:47 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency FOUTZ DEBRA D 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). 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/faq/pis/PC09SLDR.htmi. 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. httn.c•//www tlmde.. owi mil/nnnikern/nnnrennrt rln I/?/?(11(1 Request for Military Status Page 2 of 2 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:36K4PF26C0 httne•//www rlmdc nvi mil/nnni/w..rn/nnnrennrt (in /?/?nl n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-223 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From DEBRA D. FOUTZ, 138, B Street, Carlisle, PA 17013 (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 W 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 $10,910.62 Interest -- $1,345.15 Atty's Comm % Atty Paid $170.90 Plaintiff Paid Date: 4/9/12 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-223 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) DEBRA D FOUTZ Defendant(s) M&TBANK --tom °- Garnishee(s) 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 No. 7959646 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-223 CIVIL TERM X . DEBRA D FOUTZ , 138 8 °-5r, CarKSW PA 17013 Defendants M & T BANK, 1 W HcihSt, O&rlisle PA 17013 err: Garnishee(s) ?,. 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 DEBRA D FOUTZ , Defendant 3. against M & T BANK, , , Garnishee 4. Judgment Amount $ $10,910.62 Less Payments/credits received $ $0.00 Interest $ $1,345.15 Costs $ SUBTOTAL: $ $12,255.77 Costs (to be added by Prothonotary): $ _ O WELTMAN, WEINBERG & REIS CO., L.P.A. *a4 oo Pa A-MY . :33.?1o 68F By: (n/ ?4' r?- qa' 00 William T. Molcza , Esquir 14, O° p PA I.D. #47437 02.50 " WELTMAN, WEINBERG & REIS CO., L.P.A. $ fop ATN 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 4,2 -as (Jue Co so u. c-Vloyqsq o 0 o1,736 1Q w6'r _ / WWR No. 7959646 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff d } $??cr Jody S Smith Chief Deputy M 18 P"m 11 Richard W Stewart Solicitor ° ? °' L ? C O U" P E F?SYLVPat4 r Discover Bank vs. Case Number Debra D. Foutz 2010-223 SHERIFF'S RETURN OF SERVICE 04/13/2012 10:19 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1011 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Debra D. Foutz, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Connie Negley, 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 April 17, 2013 to Debra D. Foutz, 138 B Street Carlisle, PA 17013. SO ANSWERS, April 16, 2012 R-0-WK-R- ON R ANDERSON, SHERIFF William Cline, Deputy c ou *;c or? :oi'f. ;,..: "1 IN THE COUiRf c- i NAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA D FOUTZ Defendant(s) M & T BANK Garnishee(s) Civil Action No. 10-223 CIVIL TERM '-Z W6 Yb INTERROGATORIES IN ATTACHMENT 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 No. 7959646 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA D FOUTZ Defendant(s) M & T BANK Garnishee(s) Civil Action No. 10-223 CIVIL TERM TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 RE: DEBRA D FOUTZ, 138 B ST, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-0492 XXX-XX- 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. WWR No. 7959646 l f? G f 0 r ,es Pro idea Ct Un INTERROGATORIES IN ATTACHMENT DO S?Ctjo n W?7, :r;g P? , or L Poste e 1. At the time you were served or at any subsequent time did you owe the defendant anN ?tor 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)? V 1--40 defendant. 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 suc i 6 1)--5(ol1 a JOINT Accovrrr 510,C6 '\ i ;?'1 ti's \ ,, M & T Bank requires written Authorization of both owners ancVor 2. At the time you were served or at any subsequent time was tftT* aft ?l;c s or control of yourself and one or more other persons any property of any nature owned solely or in part by the 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? 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? 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? ou 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? 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. t3 o WWR No. 7959646 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 P § 8123? If so, identify each account. ay rl®tn?es r??. 'Doc tense 0"ect V'Iaecy mGIit p oce $rk gal ed 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 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. 44 ii I? 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 funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory I I is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: G? ?.,,r f/? 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 No. 7959646 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating Melissa M. Peters to unsworn falsifications to authorities, that he/she is M&T Bank (Name) LIB of_?? I , 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. (SIGN TURE) WWR No. 7959646 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-223 CIVIL TERM vs. PRAECIPE FOR JUDGMENT AGAINST GARNISHEE DEBRA D FOUTZ *ry? Defendant mco , ' M & T BANK .; c--y ` j i Garnishee 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7959646 c? iaviGV?' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-223 CIVIL TERM DEBRA D FOUT:Z Defendant: M & T BANK Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, M & T BANK, in the amount of $210.08, which is less than the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#7959646 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7u' Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: P.O. Box 844, Buffalo, NY 14240 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DEBRA D FOUTZ Defendant(s) M & T BANK Garnishee(s) Civil Action No. 10-223 CIVIL TERM INTERROGATORIES IN ATTACHMENT 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 No. 7959646 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff' vs. Civil Action No. 10-223 CIVIL TERM DEBRA D FOUTZ Defendant(s) M&TBANK Garnishee(s) TO: M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 RE: DEBRA D FOUTZ, 138 B ST, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-0492 XXX-XX- 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. WWR No. 7959646 ?s Pro INTERROGATORIES IN ATTACHMENT 'k)pC4rn ` '. tlr3ject U/7ae(j Posted gal 1. At the time you were served or at any subsequent time did you owe the defendant a !?nY41i j)t or were you liable to him on any negotiable or other written instrument, or did he claim that you ov ed him any money` or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of suctwfiAi' V JOI.li\ r .ACCOUNT M & T Bank requires written Authorization of both owners anchor 2. At the time you were served or at any subsequent time was tk7l? 'flYMPfftc ro*"4M 8or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. ?.J 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest?? 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? 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? 0U b. 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? 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. WWR No. 7959646 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 )?P?44 § 8123? If so, identify each account. ?, aye ?a?es ? P ,uv. "oot/ ?*"Se atc 0 Ct IJ? a, C7 P" '017S ar po teu °cess//gal q ?e 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. i 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. '4.1?e? iZ 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 funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By; G1/ tt>H- - 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 No. 7959646 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating Melissa M. Peters to unsworn falsifications to authorities, that he/she is M&T Bank ,f `? (Name) L-l -of 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. (SIGN TURF) WWR No. 7959646 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-223 CIVIL TERM DEBRA D FOUTZ Defendant M&TBANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $210.08 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 ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHONOTARY (OR DEPUTY) M&TBANK P.O. BOX 844 BUFFALO, NY 14240 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 71959646 DISCOVER BANK vs. DEBRA D FOUTZ, and M & T BANK Garnishee(s) Attorney for Plaintiff(s) 4. 1'F liJ f 20 Pry 4 s?.r?Lr?,?ID CI?U;;`I s. g? CUMBERLAND County Court of Common Pleas NO. 10-223 CIVIL TERM PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter satisfied as to Garnishee(s), M & T BANK,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. M czan, Esquire Attorney for Plaintiff auk a q. 93,Pd a Ck-g IV53591l SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson _ i ~ 4~1~.~~" i. ,,__s ''~rfrr~ u ~ dy S Smith7~ ~ i ~~~ _$ ~ ~; ~~.~, hief Deputy Richard W Stewart _ ~".~~"9t~~~dLN~<~1 ~,~,li~' ^ `r Solicitor ~ ~ ~ ~' ~ ~ ~`,~~€~, ~ ~=~ Discover Bank I Case Number vs. 2010-223 Debra D. Foutz SHERIFF'S RETURN OF SERVICE 04/13/2012 10:19 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1011 hours, attached as herein commanded all goods, chattels, rights, debts, credits. and monies of the within named defendant, to wit: Debra D. Foutz, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Connie Negley, 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 an April 17, 2011 to Debra D. f=autz, 138 B Street, Carlisle, PA 17013. 11/07/2012 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. ~~87.92 SO ANSWERS, _, ~~ -.._. November 07 2012 RON (S' R ANDERSON, SHERIFF ~~~~> ~~~~3~