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HomeMy WebLinkAbout10-1824FILED { Yte,. star E,"?' ,1?( r •\?'?'T ?.? 1 03 2ol0 12 ph 3: Cvcv ??_ ,.??? fY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ?b - ISa4 aw 4 -Fet-VA VS. COMPLAINT IN CIVIL ACTION JEREMY SHADE 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 08100626 C A Pit KMJ Q?) f qa. co Pb Arty cjcw 44 a096 P"#assSIa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No JEREMY SHADE 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: JEREMY SHADE 100 MILL-RD # 1 NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1257 4. Defendant made use of said credit card and has a current balance due of $5458.23 , as of January 09, 2010 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 24.990% per annum on the unpaid balance from January 09, 2010 . 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 , JEREMY SHADE individually , in the amount of $5458.23 with interest at the rate of 24.9906 per annum from January 09, 2010 plus attorneys' fees of $125.00 , and costs. This law firm is a debt collector at our client and any information obtai James A. Wa ro t,42524 WP?O WEINBERG & REIS CO., L.P.A. 4nth Avenue, Suite 1400 Pgh, PA 15219 (4-7955 F -338-7130 0C A Pit KMJ to collect this debt for be used for that purpose. 5 458.23ce DISUNER '$,qew ' CARD 15 SDSN6A01 0004847 JEREMY SHADE 100 MILL RD # 1 NEWVILLE PA 17241-9404 rvummum raymenr vue $5,458.23 J r,ccoum rvumoer enamg in i Aar Enter Amount Enclosed Below Payment Due Date $ 1-= January 14, 2010 Please make check payable to Discover Card. Minimumpa ment due includes a past due amount of $996.00. 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. 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 Hill Rill loll CAROL STREAM IL 60197-6103 IrILJIrr?r?rIIIJ?rI?rJJI?rr??IIII?r?r?ILIL?rr?llrrl?rll 000001986618011284408054582300000000545823 Discover More Card Account Summary Closing Date: December 15, 2009 page 1 of 1 Account number ending in 1257 Previous Balance $5,458.23 Payment Due Date January 14, 2010 Payments And Credits 0.00 Minimum Payment Due $5,458.23 Purchases + 0.00 Credit Limit $5,000.00 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 = $5,458.23 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: June How Can We Help You? It's your choice - 3 ways to help Please have your Discover Card available. For TDD (assistance For hearing impaired) see reverse side 1. Visit Discover.com to pay your 601 for no cost, view our latest Account information, earn and redeem rewards and more 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 8,4130 EXH?R 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: 15 days Purchases $0 0.06847% 24.99% F 24.99% $0 $0 'Cash Advances $0 0.06847% 24.99% F 24.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) 03 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 Lost or stolen cards. Report immediately. Call 1-800-347-2683. B'Mng Rights Summary. In Case of Errors or Questions About Your Bill: If you think our bill is wron , 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 Lae City, UT 84130.0421, as soon as possible. We must hear Trom you no later than 6 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights In your letter, give us the following information: .Your name and Account number .The dollar amount of the suspected error. .Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the ds 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 wlgoohin 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 PIM 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. our bank a count and all You will needd this statement and your bank account information. You must ensure that sufficient funds are available in y 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 tiate 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 Our or the New Balance on each statement. You can cancel a pa merit however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1.800.347 683 or by mail at address listed in the previous Paraggraph If your payments may vary in amount we will tell yoy 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 Mores Card, PO Box 15316. Wilmington DE 19850-5316. Please include your name, address, home telephone number and Account number. Periodic Finance Chases 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 on new purchases if you pay the New Balance shown on the billing statement on which the he Payments and Credits on that statement equal or exceed your Previous Balance. We call riod on balance transfers or cash advances. Periodic Finance Charges are imposed on new balance transfers and cash adv Periodic Finance Charges are New Balance. However, if you on this statement equal or exi on this stater alance shown a tra the Cement We comput isaction cafeggofyy and each day by TirsT add ages accrued on the isaction category on .he New Balance Shown on the Previous Balance we r Account was closed as o date on of your entire Credits shown iurchases first on this Statement by the Payment Due Date and the Payments and Credits on 11`115 statement equal or exceea your rrevious will receive a billing statement next month that includes Periodic Finance Charges imposed until the date of repayment :finance Charges, each day for purchases, cash advances, balance transfers and Old Balances (which we refer to as transaction following equation: Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (Refer to the finance front of your statement for these amounts.) Then we add all the Periodic Finance Charges for each transaction category to nance Charges for your Account The Average Dairy Balance is shown as 0 if no Periodic Finance Charges apply to the cle?adve rage daily balance (including new transactions) method of calculating the balance upon which we impose Periodic neans.if you did not pay the New Balance shown on the billing statement you received during the previous billing period by ear on this billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing e the average daily balance for each transaction category by adding up all the daily balances in a billing period for a dividing the total b the number of days in the billing cycle. We compute the daily balance for each transaction category ing the following to the previous days daily balance: transactions made that day, fees charged that day and Periodic Finance previous days daily balance; and by then subtracting any credits and payments that are applied against the balance of the that day. In calculating the daily balance for the previous billing period, we consider the previous days daily balance" to have been 0 on he first day of the billing eriod Old Balances are excluded from the balapnce of the purchase and cash advance transaction categories. Special rate balance transfers and Balance Transfer Transaction Fee Finance Charges are included in the daily balance transfer transaction category. Balance transfers that were subject to an initial spec ial rate that has been terminated due to a late payment or because you exceeded your Account credit limit are also included in the cate "'a' until the initial special rate otherwise would have expired. In calculating the daily balance of the balance transfer transaction category on the lust day of the billing period, we subtract the unpaid balance of those Balance Transfer Transaction Fee Finance Charges and balance transfers that become purchase rate balance transfers on that Say and we add that unpaid balance to the balance of the purchase transaction category. All fees charged to your Account are added to the purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the balance transfer transaction category. If a transaction made in a previous billing period is itemized on this statement, we consider the transaction rialo in hr the first rtav of the rurrent hiilinn nerinrt when we ralrularr vniii Perinair finance Charnec rn 0 rn Z D 0 00 m A N X v 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. W WR# 8100626 Jeremy Shade 1257 ~;' ' T c -.._ ~ - ~~ 2~1~~~;'~` ~~~ PIS l~ 24 DISCOVER BANK Plaintiff vs. JEREMY SHADE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-1824 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08100626 C A Pit DIP Judgment Amount $6059.84 ~I~.OO IAA ~~ CK.~ ~F5989~~ '~~" a~ a s8lo i~rkea, ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JEREMY SHADE Civil Action No. 10-1824 CIVIL TERM 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 ~~ ~p (xx) Assumpsit Judgment in the amount of $6059.84 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. ~ PROTHO OR DEP', JEREMY SHADE 10 0 MILL RD ## 1 NEWVILLE, PA 17241 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. 10-1824 CIVIL TERM JEREMY SHADE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JEREMY SHADE above named, in the default of an Answer, in the amount of $6059.84 computed as follows: Amount claimed in Complaint Less payments / adjustments made $5458.23 $o.oo Interest on the remaining principal balance of $5458.23 from January 09, 2010 to May 17, 2010 @ the interest rate of 24.9900 per annum $476.61 Attorney's fees TOTAL $125.00 $6059.84 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 roc~.t, 42524 0810062 CAA Pit DIP Plaintiff's address is: t c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsbur h PA 15219 And that the last known address of the(~°efendant is JEREMY SHADE 100 MILL RD ## 1 NEWVILLE, PA 17241 IN THE Ct)URT QF COMMON RLEAS CUMBERLAND COUNTY, RENNSYLVANIA CIVIL pIVISICQN CtIS~E?VER RANK Plaintiff v s. JEREMY SHADE Defendant Caae NQ, 10-1828 CIVIL TERM I P FiTAN"f ~fQ,TI~ Tp: JEREMY SHADE 100 MILL RD # 1 NEWVILLE, PA 17241 ~~1t~ Date of Notice: ~tX ~ Q __~____ 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 OBJECTlON4` TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THI,~ NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUF', PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT NAVE A LAWYER, GC- 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 WITF INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCEC! FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717j 249-3166 WELTMAN,)A1~JBERG & REIS CO., L.P.A ~sy: Matthew Urban P,A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412j 434-7955 8100626 A PIT T4S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1824 CIVIL TERM NON-MILITARY AFFIDAVIT JEREMY SHADE 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 JEREMY SHADE 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. JEREMY SHADE 100 MILL RD $# 1 NEWVILLE, PA 17241 is not in the military service. Further Affiant sayeth naught. bequest for Military Status Department of Defense Manpower Data Center Military Status beport ~; Pursuant to the Service Members Civil Relief Act fi Page 1 of 2 May-192010 12.12;9 .. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency SHADE JEREMY 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 1f00 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 l 940}. 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/faa/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 (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. https://www.dmdc.osd.mil/appj/scrafpopreport.do 5/19/2010 Request fc~r Military Status 1'~g~ 2 ~f A4'ore in~ormatian un "A~tive duty Status ~` Active duty status as reported in this certificate is defined in accordance with 1p IJSC ~ 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 cal! 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 Zlnder the SCRA is Broader 1n 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:NC8SIUROVF https://wvvw.dmdc.osd.mil/appj/scrafpopreport.do S/1 W2010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1824 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From JEREMY SHADE AT 100 MILL ROAD #1 NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBERS 1sT FCU AT 1711 SPRING ROAD CARLISLE, PA 17013 ACNB BANK AT 37 CARLISLE ROAD NEWVILLE, PA 17241 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,059.84 Interest $283.60 L.L.$.50 Atty's Comm % Atty Paid $171.80 Plaintiff Paid Date: 3/11A I (Seal) 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 Due Prothy $2.00 Other Costs Deputy Telephone: 412-434-7955 Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-1824 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) JEREMY SHADE Defendant(s) MEMBERS I ST FCU ACNB BAN K = ' Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF rte ' THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue (/ i ?i'/ . ? ??? ?{ t b6fj Pittsburgh, PA 15219 (412) 434-7955 rr 3d ?U / Cyr t-r n/?' DD / 1 10/7/. S6 &AVk7 ok ft j5618 4a6'5' WWR No. 8100626 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-1824 CIVIL TERM JEREMY SHADE Defendant(s) MEMBERS I ST FCU ACNB BANK Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against JEREMY SHADE , Defendant 3. against MEMBERS 1 ST FCU, ACNB BANK,, Garnishee 4. Judgment Amount $ $6,059.84 Interest $ $283.60 Costs $ SUBTOTAL: $ $6,343.44 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8100626 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Discover Bank, Judgment & Writ Number Plaintiff, 10-1824 Civil V. Attachment Execution c 11 Proceedings -103 = -t Jeremy Shade, rn m Defendant, W r- r n te x' Q and r - <c: -9- :z rz? ACNB Bank, Garnishee. .,r PROOF OF NOTICE TO DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this, the 3IS:f' day of March, 2011, before me, a Notary Public, in and for said Commonwealth and County, the undersigned officer, personally appeared Edward G. Puhl, Esquire, attorney for ACNB Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on March 31, 2011, he forwarded to the Defendant, Jeremy Shade, a copy of the writ issued in said proceedings on March 28, 2011, and a copy of ACNB Bank's Answer to Interrogatories, by mailing the same certified mail deposited at the post office in Gettysburg, Adams County, Pennsylvania, addressed to the Defendant at the following address: 100 Mill Road #1, Newville, PA 17241. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid mailing of the items hereinbefore mentioned. Edward G. Puhl, Esquire Sworn to and subscribed before me this ,.3130- day of March, 2011. ZA:2 [ X0, C7iLt,?tr?D Notary Public MONWEALTH OF PENNSYLVAI Notarial Seal Leslie R. Grimes, Notary Public My commission expires: Gettysburg Boro, Adams Cm* My CorrrMssiort Bow Oct 23, 2011 Member, Pennsylvania Association of Nots ..1 ri postage $ Q' Caddied Fee C3 O Retum Receipt Fee O . (Endorsement Requud) ° Restricted Delivery Fee ° (Endorsement Required) ru sa Total Postage & Fees ° AL USE jr Postmark fl,l_l?f Here $0.l ij cr t o Jeremy Shade N orPtJtBoxtNO' 100 Mill Road #1 CHY, stab, 27p+4Newville, 13A 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Discover Bank, No. 10-1824 Civil Plaintiff, vs. Jeremy Shade, C-) c Defendant, rnco ?- ? z-q rnr- -VM VS. -stn :;01= ACNB Bank, c---n Garnishee. y ,r', CERTIFICATE OF SERVICE AND NOW, this day of April, 2010, I, Edward G. Puhl, Esquire, of Puhl, Eastman & Thrasher, attorney for Garnishee, ACNB Bank, hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing the original and one true copy first class mail, postage prepaid, to Matthew D. Urban, Esquire, at the address shown below: Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 PURL, EASTMAN & THRASHER By: Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159