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HomeMy WebLinkAbout10-1201 ?? vl"w FO 22 12. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: I0 -12.0? ?tvil?Terw VS. COMPLAINT IN CIVIL ACTION RANDALL L MEAGHER 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 07765711 C A Pit KMJ 0 !M4.0oPAATT" cr.'P 4s 1 N oa.E ko .23 7e" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No RANDALL L MEAGHER 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: RANDALL L MEAGHER 229 WALTON ST LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9451 4. Defendant made use of said credit card and has a current balance due of $12376.30 , as of August 26, 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 26, 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. 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 , RANDALL L MEAGHER individually , in the amount of $12376.30 with interest at the rate of 28.990% per annum from August 26, 2009 plus attorneys' fees of $125.00 , and costs. James Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S th Avenue, Suite 1400 Pitts u gh, PA 15219 (412 4-7955 FAX: 2-338-7130 077 11 C A Pit KMJ This law firm is a debt collector atte*ting to collect this debt for our client and any information obtained will be used for that purpose. C?RD $0.00 $2,413.00 Payment Due Date December 29, 2007 30 SDSNi>AO1 0002075 RANDALL MEAGHER 229 WALTON ST LEMOYNE PA 17043-2025 Enter Amount Enclosed Below Will your payment get tc 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 11111111111111111111111111111 CAROL STREAM IL 60197-6103 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. 000001986618134309306000000000000000241300 Discover More Card Account Summary Closing Date: November 30, 2007 page 1 of 1 Account number ending in 9451 Previous Balance $12,551.30 Payment Due Date December 29, 2007 Payments And Credits - 12,55110 Minimum Payment Due $2,413.00 Purchases + 0.00 Credit Limit $10,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $5,000.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback BonusO Anniversary Date: April 25 How Can We Help YOU? I . Visit Discover.com to pay your bill for no cost, view our 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 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Nov 30 Nov 30 INTERNAL CHARGE-OFF $ -12,551.30 EXHIBR Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 5 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. r...,...,.,,?_,?.,?..,.:.ti...?.,.??,?,?.,.,,?....... 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. cn 0 Lost or stolen cards. Report immediately' Call 1-800-347-2683. Z 0 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 o transaction on your bill, write us on a separate sheet of paper at Discover Moresm: PO Box 30421, Salt Lae City, UT 84130.0421, as soon as possible. We must hear from 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 °o doing so will not preserve your rights In your letter, give us the following information: N Your name and Account number o *The dollar amount of the suspected error. *Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure X 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 N 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. You have this protection only when the purchase price was more than $50 and the purchase was made in your home stale or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payyment, 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 PM 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 your payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197.6103 Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800.347.2683 You will need this statement and yyour bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S 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 1-800-347-2683 or by mail at address listed in the previous paragraph. If your payments may vary in amount we will tell you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be 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, PQ Box 15316, Wilmington DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pay your entire New Balance, by making payments or receiving credits However, we will provide the following "grace period." If you paid the New a ance on your previous billing statement by the Payment Due Date shown on that statement, and you pay IFfe New Balance by the Payment Due Date on this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on this statement. Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on those new purchases.There is no grace period on balance transfers or cash advances. We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction categories At the end of each billing period, we compute balances and Periodic Finance Charges 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 Dairy 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 We compute the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by first 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 " revious 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 he billing period in which it is posted to your Account. All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to he applicable balance transfer transaction category When the special rate expires, we move the unpaid balance of the balance transfer and the Balance g 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. 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 Aaron Spain (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. ZAI? Sign tey WWR# 7765711 Randall L. Meagher '6011298713729451 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~ rl4hff?TAFtY t.~ Sheriff „ti,, at tia,u6e~~~~t Jody S Smith ~°~~ ~` 2010 MAR -3 AM 9~ 43 Chief Deputy ,. Edward L Schorpp C~fJ'~~'tu~-t`t~ ~+' Solicitor t~ . ` ~" `. r= ~R*~l-1tIl~N~ Discover Bank vs. Randall L. Meagher Case Number 2010-1201 SHERIFF'S RETURN OF SERVICE 02/25/2010 06:11 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1811 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randall L. Meagher, by making known unto himself personally, at 229 Walton Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 February 26, 2010 SO ANS S, '"+~.. RO R ANDERSON, SHERIFF ~' Deput Sheriff c CqunySuite Shenil 7zel~o.=,ofL I~?c. 20l~ APR ~0 Ali L©~ 4 C:J~~'~ ~ ,~~ ~.~ :~.1t~~TY 'a "'~"t~V~1N " t-'~~~~v ~ r 'sn DISCOVER BANK Plaintiff vs. RANDALL L MEAGHER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-1201 CIVIL TERN! PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & R.EIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07765711 C A Pit DIP Judgment Amount $14401.75 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1201. CIVIL TERM RANDALL L MEAGHER NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t e following Order of Judgment was entered against you on .~~p/~p (xx) Assumpsit Judgment in the amount of $14401.75 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: RANDALL L MEAGHER 229 WALTON ST LEMOYNE, PA 17043 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. 10-1.201 CIVIL TERM RANDALL L MEAGHER PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant RANDALL~ L MEAGHER above named, in the default of an Answer, in the amount of $1.4401.75 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principal $12376.30 from August 26, 2009 to @ the interest rate of 28.990a Attorney's fees TOTAL $12376.30 $275.00 balance of April 05, 2010 oer annum $2175.45 $125.00 $14401.75 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. 077657 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P. ., 436 Seventh Avenue, Suite 1400 Pittsbu g And that the last known address of th E RANDALL L MEAGHER 229 WALTON ST LEMOYNE, PA 17043 rmbrodt,42524 A Pit DIP PA 15219 fendant is . $ I~F.oo Po ATN CX.~ ~ '~ d3'1D (L'~ a+~o~s8 No~tes~ t~-~Q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RANDALL L MEAGHER Defendant Case No. 10-1201 CIVIL TERM IMPORTANT NOTICE TO: RANDALL L MEAGHER 229 WALTON ST LEMDYNE, PA 17043 ('I Date of Notice: V 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 SE7 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 5ET 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 WIT1 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, WEINBERG &REIS CO., L.f'.A B}/~ ~~ - Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. Phone: (412) 434-7955 7765711 A P1T T4S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1.201 CIVIL TERM RANDALL L MEAGHER 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 RANDALL L MEAGHER 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 th.e individual status. RANDALL L MEAGHER 229 WALTON ST LEMOYNE, PA 17043 is not in the military service. Further Affiant sayeth naught. SWORN TO AND S S RIBED in my presence this ~_ day o ZD 1 ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public { Wandy I.. qau~, Notary City of P'lltsburph, Alla0h4ny County ~,_ ~Jl~r Cots~mi9ewn ExpirnB Jul 18, 2010 f~Aember. Per:nayivanla Aaeoclatlon of Notaries Request for Military Status Department of Defense Manpower Data Center Military Status Report ~,~r:~` Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-li-2010 06:10:18 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MEAGHER RANDALL Based on the information you have furnished, the DMDC does not possess L 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.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (c.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~•//www ~lmclc n~~lmil/anni/cc~ra/nnnrennrt rln 4/1 ;/x(11O 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 I~ ederal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilisation position in the unit they support. This includes Navy T ARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies 1o 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 (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 of service. I~ urthermore, 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:FPJT6UNSII httnc•/hwww ~lm~lr ncrl mil/anni/ccra/n~nrPnnrt ~ln 4/1 ~/~(11(1 4 IL 1 ROTHONo TA 13 OCT 22 AM 8: 2; Ot1MSERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-1201 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) RANDALL L MEAGHER� as 9 (ADot 1'Jon S4. Defendant(s) LemO1 ie l F*3 1 la V3 SOVEREIGN BANK , 1'1 L")• r4� '� �ar�Sk t i�� l�0�3 METRO BANK � 10)lotiL Pt 1 lid, lyr Lw LQ PJf t)6/3 Garnishees) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 C:\ °C) It �t \mil• [, ata- ) 13W) aRs atf_ 0 297►Q WWR No. 77657 1 (4 3:149/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1201 CIVIL TERM RANDALL L MEAGHER Defendant(s) SOVEREIGN BANK METRO BANK 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 RANDALL L MEAGHER , Defendant 3. against SOVEREIGN BANK, METRO BANK, ,Garnishee 4. Judgment Amount $ $14,401.75 q SI. 1 S Less Payments/credits received $ $450.00 Interest $ $2,932.66 Costs $ SUBTOTAL: $ $16,884.41 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG& REIS CO., L.P.A. By: 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. 7765711 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1201 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 RANDALL L. MEAGHER,229 WALTON STREET,LEMOYNE,PA 17043 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: SOVEREIGN BANK, 17 W.HIGH STREET,CARLISLE,PA 17013 METRO BANK,20 NOBLE BLVD.,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; (2) 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$13,951,75 Plaintiff Paid$ Interest$2,932.66 Attorney's Comm. % Law Library$.50 Attorney Paid$177.40 Due Prothonotary$2.25 Other Costs$ Date: 10/22/13 1 /. __ _ • David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : WILLIAM T. MOLCZAN,ESQUIRE Address:WELTMAN,WEINBERG& REIS CO.,L.P.A. 1400 KOPPERS BUILDING,436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .._ r Jody S Smith ' '4j Chief Deputy «. f' w u, Richard W Stewart Solicitor Discover Bank vs Case Number Randall L. Meagher 2010-1201 SHERIFF'S RETURN OF SERVICE 10/25/2013 01:37 PM-William 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, Sovereign Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Julie Myers,Teller, personally three copjipso interrogatories together with three true and attested copies of the Writ of Execution and made the the nown to her. LL AM CLINE, DEPUTY SO ANSWERS, October 28, 2013 RON RSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith , t Chief Deputy : ` .. ''W iT r 29 p c 1 Richard W Stewart Solicitor Discover Bank Case Number vs. Randall L. Meagher 2010-1201 SHERIFF'S RETURN OF SERVICE 10/2512013 02:50 AM-William 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, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Taryn L.Walters, Store Manager, 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 October 29, 201 to dall L. Meagher at 229 Walton Street, Lemoyne, PA 17043. LUAM CLINE, DEPUTY SO ANSWERS, October 28, 2013 RONNY R ANDERSON, SHERIFF u,Cou^tvSute Sheriff.Te.eosof.„ic. IT %ft,V —7 PH I: 43 t tNolSYl!VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1201 CIVIL TERM RANDALL L MEAGHER r Defendant(s) S e/S INTERRO ATORIES IN ATTACHMENT SOVEREIGN BANK METRO BANK 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. 7765711 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1201 CIVIL TERM RANDALL L MEAGHER Defendant(s) SOVEREIGN BANK METRO BANK Garnishee(s) TO: SOVEREIGN BANK, 17 W HIGH ST, CARLISLE, PA 17013 METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 RE: RANDALL L MEAGHER , 229 WALTON ST, LEMOYNE, PA 17043 Suggested Reference No.: XXX-XX-0713 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. 7765711 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Defendant has two accounts both of which are exempt . One is joint spousal and the other has less than $300 exemption 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 such liabilities. 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. 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? 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. WWR No. 7765711 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. 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 funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquir/ PA I.D. #47437 WELTMAN, WEINBE G & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 7765711 f . 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 Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she 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. (' „, 1 , I • L SI NA Al URE) 4 - f ., -. i r. r�'...I :2;12,1,i:1071 31, DFCHO E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU OUN Y,P 4NSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1201 CIVIL TERM /RANDALL L MEAGHER 1'U Defendant(s) INTERROGATORIES IN ATTACHMENT METRO BANK 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. 7765711 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? NO Ia. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. N/A 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. YES 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 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? NO 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? NO 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO WWR No. 7765711 • 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. NO 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. N/A 11. If the response to 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? N/A 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit in the account. N/A WELTMAN, WEINBERG & REIS CO., L.P.A. By: cif/ William T. Molczan, Esquir/ PA I.D. #47437 WELTMAN, WEINBE•G& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 7765711 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 JOHN S. GOMES (Name) LEAD SPECIALIST of SANTANDER BANK , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR No. 7765711 ANSWERS TO INTERROGATORIES Account # 2107864691 Balance: $1,057.11 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $757.11. Account Holder: ANDREW J MEAGHER RANDALL L MEAGHER 229 WALTON ST LEMOYNE, PA 17043 Account# 7678045085 Balance: $5.00 Account Holder: ANDREW J MEAGHER RANDALL L MEAGHER 229 WALTON ST LEMOYNE, PA 17043 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Santander, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Santander � I By: J . John S.Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: DISCOVER BANK vs. RANDALL L MEAGHER CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Service by certified mail addressed as follows: RANDALL L MEAGHER 229 WALTON ST LEMOYNE, PA 17043 �1V All .����► John S. Gomes .O.P. Lead Specialist Santander MA1 MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 November 8, 2013 WELTMAN,WEINBERG & REIS CO.,L.P.A. BY: Ashley L. Sweeney, Esquire Attorney for Plaintiff(s) I.D.No. 313667 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Mco rn CD n r:_.:' Fax: 412.434.7959 File# 7765711 u'� rj cn 1� r-; -.. DISCOVER BANK =G Cumberland County Court of Common Pleas VS. RANDALL L MEAGHER NO. 10-1201 CIVIL TERM and SOVEREIGN BANK AND METRO BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), SOVEREIGN BANK AND METRO BANK, only. WELTMAN, WEINBERG& REIS CO., L.P.A. By ey we ey, Esquir Attorney for laintiff Q.5o PD Arr'/ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Fit:ED-01 :0E tr `1 i rrt• ) 1 r i E F 0TH (J N (; i r; `!' OF Fi ; OF TI4E $HESIFF 20I01AY 13 PM 3: 03 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Randall L. Meagher Case Number 2010-1201 SHERIFF'S RETURN OF SERVICE 10/25/2013 02:50 AM - William 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, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Taryn L. Walters, Store Manager, 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 October 29, 2013 to Randall L. Meagher at 229 Walton Street, Lemoyne, PA 17043. 10/25/2013 01:37 PM - William 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, Sovereign Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Julie Myers, 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. 05/13/2014 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: $145.65 SO ANSWERS, May 13, 2014 RONNS' R ANDERSON, SHERIFF 4e -x, ,tVw 3O go9 (c) CountySuito Sheriff, Teleosoff, inc.