HomeMy WebLinkAbout10-1742FLED -OrF'?-E
_ T, F
2010 MAR 10 PH 3: 50
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
ROGER RICHARDS
Defendant
No. lo-- 114A O.ivi 1 -T*.rk
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7186894
49a. oo P o arty
ce 89 as 53(o
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No.
ROGER RICHARDS
Defendant
COMPLAINT IN CIVIL ACTION 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
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY,
OH 43054-0000.
2. Defendant is an adult individual residing at 6204 EDGEWARE RD
MECHANICSBURG,PA 17050.
3. Defendant applied for and received a credit card issued by Plaintiff's bearing the account
number XXXXXXXXXXXX5963.
4. Defendant made use of said credit card and has currently a balance due and owing to
Plaintiff, as of December 10, 2009, in the amount of $5,980.18 .
5. Defendant is in default of the terms of the cardholder Agreement having not made monthly
payments to Plaintiff thereby rendering the entire balance immediately due and payable.
6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay
Plaintiff's attorneys' fees.
7. Plaintiff avers that such attorneys' fees will amount to $125.00.
8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, finance charges or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, ROGER
RICHARDS individually, in the amount of $5,980.18 with interest at the legal interest rate of 6.00% per
annum from date of judgment plus $125.00 in attorneys' fees
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James C. brodt, Esquire
PA I.D. # 2 24
WELT A , WEINBERG & REIS CO., L.P.A.
1400 p ers Building
436 S v th Avenue
Pitts gh, PA 15219
(41 434-7955
WWR#:7186894
'NtK
A R'D $5,980.18__
15 SDWA01 0004895
ROGER RICHARDS
119 HOLLY PATH
WINDBER PA 15963-6254
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PO BOX 6103 1111111 111111
CAROL STREAM IL 60197-6103
I1ill ll,u1111111l,ilnil1I1,nu111111111111llin11111111.11
000001986452250126942059801800000000598018
Discover More Card Account Summary
Closing Date: November 15, 2008 page 1 of 1
Account number ending in 5963 Previous Balance
Payment Due Date December 14, 2008
Payments And Credits $5,980.18
Minimum Payment Due $5,980.18 Purchases
0.00
Credit Limit $4,700.00 +
Cash Advances 0.00
Credit Available $0.00 +
Balance Transfers 0.00
Cash Credit Limit $0.00 +
Finance Charges 0.00
Cash Credit Available $0.00 +
New Balance 0.00
_ $5,980.18
'Cashback Bonag Opening Cashback Bonus Balance $
New Cashback Bonus Earned + 000
0.00
Cash back Bonus® Anniversary Cashback Bonus Balance $
Available. to Redeem $ 0.00
Date; November 15 . .... - . 0,00
How Can We Help You? I. Visit Discover.com to pay your bill for no cost
view our
:It's your choice - 3 ways to help ,
latest Account information, earn and redeem rewards and more
2. Call 1.800-DISCOVER (347-2683) for fa
t
lf
Please have your Discover Card available. s
, easy se
-service
options or to speak with a Customer Service Account Manager
for TDD (assistance for hearing impaired) see reverse side 3' Write us at Discover Card, PO Box 30943
,
Salt Lake City, UT 84130
tXHIB1T
,Finance Charge Summary
Nominal
Average Daily ANNUAL ANNUAL Transaction
Fee
BalDailyances attS Periodic PERC Periodic RATEEENTAGE PERCENTAGE FINS ES F NHARGES
current billing period: 15 days RATES
Purchases $0 0.07942% 28.99% F 28.99% Cash Advances $0 0.07942% 28.99% F 28.99% $0 none
previous billing period: 13 days $0 $0
Purchases $0 0.07942% 28.99% F 28.99% $0 none
iThe rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
11,111.111.11, 1 may...... vue ! HCCOVn! Number ending in 5Y63
$5,980.18 Enter Amount Enclosed Below
Payment Due Date
December 14, 2008 please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $1,208.00.
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
Lost or stolen cards. Report immediately! Call 1-800-347-2683.
Billing Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wrongg, or if you need more information about a
transaction on your bill, write us on a separate sheet of paper at Discover Moresm: PO Box 30421, Salt LaIL City, UT 84130.0421, as soon as possible.
We must hear rom you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but
doing so will not preserve Vour rights. In your letter, give us the following information:
•Yo r name and Account (lumber.
.The dollar amount of the suspected error.
.Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure
about.
You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in
question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.
Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, 'and
you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or
services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state 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 payment if you send the payment to any
other address or if you use an envelope other than the one provided. Payments received on or after 1 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 your 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 wll tell
you on each monthly statement when your payment will be made and how much it will Tie. Your Automatic payment amount may be less [han
indicated on the monthly statement based on credits or payments applied during the billing cycle.
Credit Reporting. We may re art 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 a encies each
month. It you believe that our report is inaccurate or incomplete, please write us at the following address: Discover More S Card, P? Box 15316,
Wilmington DE 19850.5316. Please include your name, address, home telephone number and Account number.
Periodic Finance Charges. Except as provided below, we will impose Periodic Finance Charges on purchases, cash advances and balance transfers
beginning with the date the transaction occurs until the date of repayment and on Old Balances until the date of repayment Old Balances are
comprised of either purchases and cash advances made on or prior to the last day of your billing period ending during February 1993 or Reserve
I ina h?l?nrae
u can avoid
hase first of
the "grace
nce in a tra
e use the
payment of Periodic Finance Charges on new purchases it you pay the New Balance shown on the billing statement on which the
)ears by the Payment Due Date, and the Payments and Credits on that statement equal or exceed your Previous Balance. We call
eriod". You do not have a grace period on balance transfers or cash advances. Periodic Finance Charges are imposed on new
and cash advances beginningg with the date the transaction occurs
Charges are imposed on alltransactions and Old Balances until the date of repayment Repayment means payment of your entire
wever, if you pay the New Balance shown on this billing statement by the Payment Due Date, and the Payments and Credits shown
equal or exceed the Previous Balance we will not impose Periodic Finance Charges on new purchases, that is, purchases first
statement If your Account was closed as of September 27 1999, you can avoid payment of Periodic Finance Charges if yyoou: pay
shown on this Statement by the Payment Due Date and the Payments and Credits on this statement equal or exceed your PteJ;0us
ie. You will receive a billing statement next month that includes Periodic Finance Charges imposed until the date of repayment
rioaic Finance Charges each day for purchases, cash advances, balance transfers and Old Balances (which we refer to as transaction
1g the following equation: Average Daily Balance x number of days in the billingp period x Daily Periodic Rate. (Refer to the finance
an the front of your statement for these amounts.) Then we add all the Perio is Finance Charges for each transaction category to
odic Finance Charges for your Account The Average Daily Balance is shown as 0 if no Periodic Finance Charges apply to the
artinn enfnnnrv
the Payment-Due Date, we will fm pose Periodic Fin
statement thWef icompute rthe averagienaa ?tyyatbalanci
transaction categgorryy and dividingg the total b the na
on each day by 1irsT adding the iallowing to the rev
Charges accrued on the previous day's aily balance
transaction category on that day. In calculating the
have been 0 on The first day of The billino nerinH
that becon
All fees
Charges w
balance tr
date to be
ance charges are inc
been terminated due
ial rate otherwise we
riod, we subtract the
alance transfers on th
,ccount are added to
the cash advance W
category. If a transa
current billing perio
dingg new transactions) method of calculating the balance upon which we impose Periodic
Balance shown on the billing statement you received during the previous billing p61iod by
Charges on new purchases that first appeared on that billing statement, as well as new
ss we already imposed Periodic Finance Charges on the purchases on your previous billing
each transaction category by adding up all the daily balances in a billing peridd for a
of da s in the billing cycle. We compute the daily balance for each transaction g1tegory
lay's daily balance. transactions made that day, fees charged that day and Periodic finance
by then subtracting any credits and payments that are applied against the balancili of the
balance for the previous billing period, we consider the previous day's daily balance" to
:hase and cash advance transaction categories. Special rate balance transfers and Balance
the daily balance transfer transaction category. Balance transfers that were subject to an
to payment or because you exceeded your Account credit limit are also included in the
e expired. In calculating the dally balance of the balance transfer transaction category on
balance of those Balance Transfer Transaction Fee Finance Charges and balance 1Tansfers
and we add that unpaid balance to the balance of the purchase transaction category,
.
rchase transaction category with the exception of Cash Advance Transaction Fee Penance
a category and Balance Transfer Transaction Fee Finance Charges which are added to the
ade in a previous billing period is itemized on this statement, we consider the transaction
we calculate your Periodic Finance Charges.
Fnr TM rTrlrrnmmunrrafinnv nevirr for thr nrAft a%slatanre. nlrnsr call 1-ann-3A7-7AA9.
Jan. 26, 2010 2:48PM No. 5711 P. 4
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating
to unsworn falsifications to authorities, that he/she is
Name)
ACCOUNT MANAGER of DFS SERVICES LLC , plain iff herein, that
(Title) (Company)
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing
Complaint are true and correct to the best of his/her knowledge, information and belief.
( ign e)
WWR# 7186894
DF'S# ??/5963
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
?4`t?l?'k• (Jl 4p.t111!(1r???ry? If- F,_ .'r ?t?'??
Jody S Smith T
Chief Deputy 16 z-7 ? :21
Edward L Schorpp f
Solicitor OFF !
Discover Bank
vs.
Roger Richards
Case Number
2010-1742
SHERIFF'S RETURN OF SERVICE
03/12/2010 06:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March
12, 2010 at 1806 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Roger Richards, by making known unto Rachel Marte, Mother in law at 6204 Edgeware
Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its conte s and Zesame time
handing to her personally the said true and correct copy of the same.
SH N HARRISON, DEPUTY
SHERIFF COST: $37.00
March 15, 2010
SO ANSWERS,
K 10?'2
"Z' x Z?2
RON R ANDERSON, SHERIFF
(Ci GOwityStAte Sheriff. Te.eosof.. In;;.
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DISCOVER BANK
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff No: 2010-1742
vs.
ROGER RICHARDS
PRAECIPE FOR DEFAULT JUDGMENT
Defendant FILED ON BEHALF OF
Plaintif f
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
07186894 C A Pit DIP
Judgment Amount $6463.18
~I~.oo Po p`m`t
C~~ '~18q~5
No•hee ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
ROGER RICHARDS
Civil Action No. 2010-1742
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the ollowing Order of Judgment
was entered against you on _ ~a~~p
(xx) Assumpsit Judgment in the amount of $6463.18 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:
ROGER RICHARDS
6204 EDGEWARE RD
MECHANICSBURG, PA 17050
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. 2010-1742
ROGER RICHARDS
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against the Defendant ROGER RICHARDS above named,
in the default of an Answer, in the amount of $6463.18 computed as follows:
Amount claimed in Complaint $6338.18
Less payments / adjustments made $0.00
Attorney's fees $125.00
TOTAL $6463.18
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. r ro t,4252
07186894 ,A Pit DIP
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400 Pittsburg P 15219
And that the last known address of the of ndant is
ROGER RICHARDS ~'
6204 EDGEWARE RD
MECHANICSBURG, PA 17050 ~j
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case Nv. 2010-1742
u~.
FtOQER t~I~HAftDS
Defendant
IMPARTANT NOTICE
TO:
ROGER RICHARDS
6204 EDGEWARE RD
MECHANICSBURG, PA, ,j1~7~0~r1~
Date of Notiee: L,~JiI
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 OFFIGE 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
{Y17} 249-3166
WELTMAN,~BERG ~ REIS CO., L.P.A
ray: ~-
Matthew Urban
P.A.I.D.# 90963
WELTMAN, WEINBERG &REIS CO,, L.P.A.
436 Seventh Avenus, 1400 Koppers Building
Pittsburgh, PA 18219
Phone: (412) 434-7955
7186894 A PIT WLG
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 2010-1742
ROGER RICHARDS
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 ROGER RICHARDS is not in military service.
Affiant further states that this belief is supported by the attached
certificate from the Defense Manpower Data Center (DMSC), which states that
the DMDC does not possess any information indicating the individual status.
ROGER RICHARDS
6204 EDGEWARE RD
MECHANICSBURG, PA 17050
is not in the military service. Further Affiant sayeth naught.
P.equest for Military Status
Department of Defense Manpower Data Center
Military Status Report
~+ ` ~: ~ ~ ' Pursuant to the Service Members Civil Relief Act
~"
Page 1 of 2
May-19-2010 12:00:02
'~ Last
Name First/Middle Begin Date Active Duty Status Active Duty End llate Service
Agency
RICHARDS ROGER 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 1lealth, and Coast
Guard).
~ ~ ~,-~-
Matt' M. Snavely-llixon, 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.
T'he 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/PC09SI DR html. if you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App.~~521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of=
contact.
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1'tequest for Military Status 13age ? of
More 1rrfQrmation on "fletlve Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § I U 1(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 t1SC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Ciuard 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 a0 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 cheek 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:RFOTH161EI?
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-1742 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF 10 e3tit'%y COUNTY:
To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s)
From ROGER RICHARDS, 6204 Edgeware Road, Mechanicsburg, PA 17050
(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:
FIRST COMMONWEALTH BANK, 501 GRANT STREET, PITTSBURGH, PA 15219
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$6,463.18
L.L. $.50
Interest $513.16
Atty's Comm %
Atty Paid $170.00
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: OCTOBER 3, 2011
(Seal)
Deputy
REQUESTING PARTY:
Name MATTHEW D. URBAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BUILDING, 436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 90963
1N THE COUI r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Civil Action No. 2010-1742
vs.
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ROGER RICHARDS 904 `CA
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Defendant 00SO --
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FIRST COMMONWEAL,. r4 BANK, 501
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PRAECIPE TO INDEX WRIT OF EXECUTION t
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AND ENTER IT IN THE JUDGMENT INDEX
TO TEE' PROTHONOTARY: =°
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Kirdly i :sue a, Writ of Execution in the above matter...
I . dire-:ted to the Sheriff of ALLEGHENY County:
2. against KOGER RICHARDS, Defendant
3. agaln?'t FIRST COMMONWEALTH BANK, Garnishee
4. and enter this writ in the judgment index
(a) agains, ROGER RICHARDS, de`e-idant, and
(b)again : t FIRST COMMONWEALTH BANK, as garnishee,
as a lis pendens against real property of the defendant in the name of garnis hee as follows:
Any Md/or all personal property belonging to the defends- ) in possession of the garnishees .
1 . Judtmient Amount $ 6463.18
Interest $ 513.16
Co:,-; $
SUB'; O AL: $ 6976.34
Cosa (to added by Prothonotary): $ _
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WELTMAN-U?EINBERG & REIS CO., L.P.A.
ByF
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
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IN THE i'OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
No. 2010-1742
VS. PRAECIPE FOR WRIT OF EXECUTION
AND ENTER IT IN THE JUDGMENT INDEX
(BANK ATTACHMENT ONLY)
ROGER RICFARDS
Defe,idant
FIRST COMMONWEAL FH BANK,
Garnishee,
FILED ON BEI IALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Matthew D. Urb n, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7186894
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IN rHE COUF Y OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION RECEIVED
DISCOVER BANK OCT 18 2011
Plaintiff
vs.
ROGER RICHARDS
Defendant
and
FIRST COMMON `VEALTH BANK
Gz.mishee
No. 2010-1742
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INTERROGATORIES IN ATTACHMENT
FIRST COMMONWEALTH BANK
FILED ON BEI IALF OF
Plaintiff
COUNSEL OF RECORD OF
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> THIS PARTY:
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7186894
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No.: 2010-1742
ROGER RICHARDS,
Defendant
and
FIRST COMMONNVEAI,TH BANK
Garnishee
TO: WoRS-1 CO:YiMOT WEALTH BANK Suggested Reference No.: XXX-XX-9033
5101 GRANT ST
PITTSBUR JH, PA 15219
RE: ROGER RICHARDS
6204 EDGEWARE RD
MECHANICSBURG, PA 17050
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
INTERROGATORIES IN ATTACHMENT
1. At the , me you were served or at any subsequent time did you owe the defendant any money or
were you liable to trim 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 - accounts and certificates of
deposit)? For all answers to this and the
foregoing Interrogatories, see
Exhibit "A" attached hereto and
made part of hereof.
la. If ihr, ansv?er to Interrogatory l is in the aiiinnative, state the to] lowing: the amount
of money you owe or owt;d 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.
At the tip,.e 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 na.ttrre owned solely or part by the defendant or in which defendant held or claimed any interest?
4. At thr- time you were served or at any subsequent time did you hold as fiduciary any property in
which the def; ndant',,ad a,i 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.
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 finds on deposit, not including any
otherwise exernpt funds. ,.Sid not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If
so, identify each account.
9. If 1110 answer to Intenogalory 1 is in the affirmative, state the date the sheriff served these
interrogatories on this iii:>titution.
10. If the ans-.ver to Interrogatory 1 is in t'te affinnative, state the date the written instrument, checking
or saving account, Lertificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this
institution.
H. If the: response to Interrogatory 7 is in the affirmative, are ethcrr funds comingled in the account
which are not deposited eLetronically on a recurring basis and which are identified as being funds that upon deposit
are exempt from executicri, levy or attachment under Pennsylvania or federal law?
i If the response to Interrogatory 1 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' -------- -
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WFINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7186894
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
(Name)
(Title)
of
(Company)
garnishee herein,
that he/she s duly authorized to make this verifi;ation, and that the facts set forth in the foregoing
Answers to Interro stories are true and correct to the best of his/her knowledge, information and belief.
(SIGNATURE)
EXHIBIT "A"
ANSWERS TO INTERROGATORIES
1. Yes
a. Checking account number 7110198406 into Roger L. Richards with a
current balance of zero.
2. No
3. No
4. No
5. No
6. No
7. Yes checking account receives recurring deposits but do not know if deposits are
exempt.
8. See #la above
9. October 18, 2011
10. October 18, 2011
11. Yes additional funds are deposited into checking account number 7110198406 but
a subpoena is required.
12. See #11 above
VERIFICATION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF INDIANA
On this 14'wl day of DL4o 6'eK 2011 before me, the undersigned officer,
a Notary Public in and for said Commonwealth and County, personally appeared
LEDA E MCCRACKEN, who being duly sworn according to law, acknowledged that
she is Assistant Vice President of First Commonwealth Bank, and that the facts set forth
in the foregoing Interrogatories are true and correct to the best of her knowledge and
belief.
k-d?;?J-V?1uaz
Leda E. McCracken, Asst. Vice President
First Commonwealth Bank
Sworn and subscribed to before me
This 19*day of 6C 640 2011
Nota y Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KAREN K. GAMBLE, NOTARY PUBLIC
INDIANA BOROUGH, INDIANA COUNTY
MY COMMISSION EXPIRES AUG. 13, 2015
CERTIFICATE OF SERVICE
I hereby certify that on October 19, 20111 have this day caused to be served a true and
correct copy of this ANSWERS TO INTERROGATORIES upon the following parties:
VIA CERTIFIED U.S. MAIL
Roger L. Richards
6204 Edgeware Rd.
Mechanicsburg PA 17050-5212
As Defendant
VIA REGULAR U.S. MAIL
Matthew D. Urban, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh PA 15219
As Plaintiff
Leda E. McCracken
Assistant Vice President:
First Commonwealth Bank
WELTMA N, WEINBERG & RE IS CO., L.P.A.
BY: James C Warmbrc.dt, Esquire
I.D. No.425'A
436 Seve„th Avenue. Suite 1400
Vitts%,-,irgh, PA 152i9
i-fio,- o: 4 l "'..43 4.795 5
F ::. 412.434.7959
File/ 71X68)4
DiS,:;OVER BANK
vs..
ROGER RIC HAADS
and
FIRST COMMONWEALTH BANK
Garnish-..,e(s)
Attorney for Plaintiff(s)
Cu::,!.'., -land County
Court ol'Common Ple?:s
NO. 2010-1742
PRA ZCIPE TO DISCONTINUE ATTACIIMENT)?.XECUTION
;'rIE PRO HONOTARY:
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Kindly warked`the abo.f° matt-,- disconiinu?-il ':rd ended as ,,) G:,rnishev(s), FIRST
"?_)V,IOXWEAL,TH BANK, only.
VI LTMAN. Vl'I'.I''ll1,R( nc REIS CO., L.P.A.
By
Sworn to an:! subscriF,e
Before me tip ci.iy of October, 2011
/2 -
James C kmhrodt, F,squire
Attoriw fo Pli?intiff
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila G. Bevan, Notary Public
Ross Twp., Allegheny County
wy Commission Expires Nov. 15, 2014
MEMBER, PENNSYLVANIA ASSOCIATION - NOTARIES
auk
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10),
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Q a to-7 6 o t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK
VS.
ROGER RICHARDS
PRAECIPE FOR APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for DISCOVER BANK
in the above case.
Date: December 18, 2014
NO. 2010-1742
75
Signature!ID
Ste . hen S
Print Name
Eltman, Eltman & Cooper, PC
Firm
140 Broadway, 26th Fl
Address
New York, NY 10005