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Home My WebLink About10-2274FrLM-C=?Rr"'F T' r r 7A!7V 2010 AFB; -6 AN 10: 140 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CURTIS J BURNS Defendant No: ID - a-21 y a-i "., I IE'm COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07949764 C A Pit KMJ 4.?.a o ?rcL? e? 84aLtir?{ ? .2.3 9 959 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No CURTIS J BURNS 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: CURTIS J BURNS 216 W COOVER ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6861 . 4. Defendant made use of said credit card and has a current balance due of $4072.57 , as of November 04, 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 November 04, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , CURTIS J BURNS individually , in the amount of $4072.57 with interest at the rate of 28.990% per annum from November 04, 2009 plus attorneys' fees of $125.00 , and costs. WELTMANW -IN- & REIS CO., L.P.A. 436 Sev Avenue, Suite 1400 Pittsb PA 15219 (412) 955 FAX: 1)2338-7130 07949 6 A Pit KMJ This law firm is a debt collector attempMng to collect this debt for our client and any information obtained *will be used for that purpose. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is James Ball (Name) Team Lead of DFS Services LLC , plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. WWR# 7949764 Curtis J. Burns 6011002347316861 $4,072.57 $4,072.57 CARL 5 SDS1g6A01 0000203 CURTIS BURNS 3947 LENNANE DR STE 120 SACRAMENTO CA 95834-1971 Payment Due Date October 10, 2009 4 ? vi "i a rZ . 'l 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. Enter Amount Pnclosed Below Please make check payable to Discover Card. Minimum payment due includes a past due amount of $875.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 111 111111111111 CAROL STREAM IL 60197-6103 I?Il??llnnnlll?l??ln?l?ll?n??lllln?nll?ll?nnllul??ll 000001986458460231547040725700000000407257 Discover Open Road Card Account Summary Closing Date: September 15, 2009 page 1 of 1 Account number ending in 6861 Previous Balance $4,072.57 Payment Due Date October 10, 2009 Payments And Credits 0.00 Minimum Payment Due $4,072.57 Purchases + 0.00 Credit Limit $3,000.00 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 = $4,072.57 Cashback Bonus+ Opening Cashback Bonus Balance $ 0.00 Gas & Auto New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 ---- CashbockBonusOAnniversary- -- - - ----- --- ---- .. -- -------------------- Date: Date: December 15 How Can We Hel YOU? I? 1. Visit Discover.com to pay your bill for no cost, view our latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347.2683) for Fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details. IBIT Finance Charge Summary Average Daily Balances Daily Periodic Rates Nominal ANNUAL PERCENTAGE RATES ANNUAL PERCENTAGE RATES Periodic FINANCE CHARGES Transaction Fee FINANCE CHARGES current billing period: 15 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Past 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 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 Agreemert contains all the terms of your Account o Lost or stolen cards. Report Immediately! Cali 1-800-347-2683. Z m Blliln Rights Summary. In Case of Errors or questions About Your Bill: It you think your bill is wrong, or if you need more information about a o transctioh on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421 Sali Lake City. UT 84130-0421 as soon as uossible. We m st hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. Vou can telephone o Os but doing so will not preserve our rights. In your letter, give us the following information: o • Your name and Account numbW • The dollar amount of the suspDected error • Describe the error and explaih, if you can, why you believe there is an error. If you need more Information, describe the Item you are unsure about N You do not have to a any amount in question while we are investigatin , but you are still obii ated to the arts of our bill that are not in o, question. While we Pnestiate your quetlon, we cannot report you as del?nquerft or take any ac ion to cgag ct th? amoun?you question. Special Rule for Credit Card Purchases: IT You have a problem with the quality of Roods or services that you purchased with a credit card, and You have tried in good faith to correct the roblem with the merchant, go ma not rfave to pay the remainln9 amount due on the oods or services. You have this protection only when the purchase price was more than $50 ant>Ythe purchase Was made In yoGr home state or withA 100 miles of your mailing address. (If we own or ooetate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered regardless dT the amount or location Of purchase) Pavm?nts. Send onl your a merit and a to ortion of this statement in the envelo p ovided. Do not send cash. gg?? sendin our check as described above, vouyautho?z? us to use Morr?iacon on your check to make an electroRc flund transfer from your account at the our Institution Indicated on Your check or to process the pa Merit as a check transaction. It 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 Yrom your nancial Institution. The rocessingg of Yy our payment may be delayed if you send cash correspondence or other items with Your ayment, if you send the payment to y her address or Ifyo U uae an envelope other tharT the one provided. Payments received on or after 1 PM at bur proce4sin facilityY fJIOP1daYY throuppyyh Friday or on a 7veekend or bank lolida will be posted to our Account as of the next business day. If you have misplaced yvoour envelbDe, an ot s letronicdebm' i? 60197-E103. Please allow 7-10 days for de?ivery. If your payment is returned unnpdaitl?wepr enie the?Ilsnht to rags bmi0t it a a 0 ec You an pay yyoour min(Tnum ppayment or a realer amount over the tele?hone, and you can set up automatic payments. Call us at 1-800-347-2683. c account Information. You must ensure that sufficient funds are available In your bank account, and all You will netd t15is statement alid our bank transactions must corn ply with U.S? law. You will be asked to provide the first 5 digits of your account statement zip code. 1, entering those numbers as your electronic si nature, u will be a reein9 to this authorization to allow us and Your bank to deduct each ment y u authorize from Yyour bank account, and ?o InIIIatl debit or cre-iit entries to your bank account, as applicable, to correct an error in the processingg of such ppavmerit You must tell us the amount of each pavmerit or you can select an amount such as the Minimum Payment Due or the New 9alance on Bach statement You can cancel a payment; however we must receive notice at least three business dar in advance of the scheduled payment You may noti{y us by Rhone at 1-800-347-2683 or bVy mail at the address listed In the previous paragraph. ti your paVmerits vary in amount we will tell on each mdnthl statement when your ayment will be made and how much it will be. Your automatic p y maent amoul?t may be less than Mofficated on the moothly statement based on credits or payments applied during the billing cycle. Credit Reporting. We mayY 21le ort information about your account. to credit bureaus. Late payments, missed payments, or other defaults on YYour account nia be reflected lur credit report We normally report the status and payment ristory of your Account to credit re ortinrra? a encies each month If 1i b ve that ort Is Inaccurate or incom Ite, please write us at the follow) address. Discover Card, PO x 156,gYYilmington: DE -YO5316. Pease Incour name, address, home telephone number and Account num?r. Grace Period on Puichases (at least 25 days). We begin to im se Periodic Finance Char es on all transactions from the Transaction Date for the transaction as shown on your billin statement, unless a transact?on is posted to your AccouK after the close of the billin eriod In which it occurs, in which case we begin fo Impose ?eriodic Finance Charges on that transaction from the first day of the billinvg period in Mich It is posted to your Account We continu to Impose Periodic Finance Charge until the date Yyou pa Your entire New Balance, by Tnakin ayments or receiving credits. However, if u paid the New Balance on your revious blllin statement by tnw ment Due Date shown on that bilTiri statement and u gay, the New Balanc by the Payment Due Date on.You current billin statement we will n t impose Periodic Finance Char es On new purchase , thu, urchases first appearing on the current bining statement W call this the "grace peried.° There is no grace perlodgon balance transfers or cash advances. Minimum Finance Char e. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would othrwise be impose . Amual Fee. If Your Account has an annual fee It will be billed at the be9innin of each anniversary year our Account is open. The amount of the fee appears 9n the statement when the fee is billed. The annual fee if not refundable unless you Koil . us that you wish to close your Account within Mays of the mailing or delivery date of the statement on which the fee is billed. You win receive this refu d even if you use your Card during that period. Periodic Finance Charges. We sort your transactions Into groups of purchases, cash advances and balance transfers and then further sort the transactions within each mu by their Annual Percentage Rate. For Arn le purchases sub act to a rate and purchases subject to a standard rate would be sgDar?te groups. We refer to theme clroups as transaction catenories. ?t the enof each billing pperiod, 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 Daily Balance) times (days in billing period) times (Daily Periodic Rate). (You may refer to the finance char a summaryon ur billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transactin cote orv to et the tota Periodic Finance Char ofor our Account The Average Daily Balance is shown as zero if, because of the grace period, no Periot?ic FInal?ce Char ges apply to the balance il a tra sacton categgorryy. We use the Average Daily Balance (Including new transactions) method of calcUlatinqq the balance upon which we impose Periodic Finance Charges. We compute the Averaae Dally Balance for each transaction cateaorv by addirla up all the dally balances in a Bose period for a close as isaction catergory nown on you case the against the balance of the transaction Cate-go, on that day. In calculatin 'the daisy balance for the first day of the buirnap? ppeeriod, we co6dider the "previous dar dailyy balance- to have beerf cur balance Tor each transaction category on the last day of Your previous gibing period. All fees cllarryved to ur Account are addtYd to the standard purchase transaction c?teao with the exceDtiori of Cash Adval?ce Transaction Fee Finance Char e3 which are added to the applicable cash advance transaction categgory and?alance Transfer Transaction Fee Finance Charges which are added to?he a licable balance transfer transaction category. When the s ecial rate expires, we move the unpaid balance of the balance transfer and the BaPnce Transfer Transaction Fee Finance Clear es, to the standard purchase transaction cate orvrv.? However, if the special rate has been terminated under the Default Rate section, we leave the urspald balance of the balance transfer and thecalance Transfer Transaction Fee Finance Charges in the applicable balance transfer transaction category until the special rate would have expired. Fnr Ten fTalwrnmmunlestinne nevlre fnr the neat) aeeietanre. nlease rail 1-Rnn-Rd7-7dd9. t~ ~ f flL~C}-G~;C c~ ~~ ~or,~r~ot 218 .iUN ~ I PI4 3= ! 4 a~~ ~~ DISCOVER BANK Plaintiff vs. CURTIS J BURNS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-2274 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 07949764 C A Pit DIP Judgment Amount $4877.96 ~I'~.OO PD W'n''1 e~ 4~aaao7 ~(.cs-he~¢, k~a~ ., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-2274 CIVIL TERM CURTIS J BURNS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) .Defendant ( ) Garnishee You are hereby notified that th~ f~llowing Order of Judgment was entered against you on /n a~ /p ~ , (xx) Assumpsit Judgment in the amount of $4877.96 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 Prothonntarv By: CURTIS J BURNS 216 W COOVER ST MECHANICSBURG, PA 17055 '-I 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. 10-2274 CIVIL TERM CURTIS J BURNS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant CURTIS J BURNS above named, in the default.of an Answer,.in~the amount of $4877.96 computed as follows: Amount claimed in Complaint $4072.57 Less payments /.adjustments made $0.00 Interest on the remaining principal balance of .$4072.57 from November 04, 2009 to June 03,2010 Q the interest rate of 28.9900 per annum $680.39 Attorney's fees $125.00 TOTAL $4877.96 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 079497/64 ~ A Pit DIP Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P. ., 436 Seventh Avenue, Suite 1400 Pittsb gr And that the last known address of th e CURTIS J BURNS 216 W COOVER ST MECHANICSBURG, PA 17055 ,~ PA 15219 fendant is IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 10-2274 CIVIL TERM vs. CURTIS J BURNS Defendant IMPORTANT NOTICE T0: CURTIS J BURNS 216 W COOVER ST MECHANICSBURG, PA 1(t7055 Date of Notice: ~~ t YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR1TfEN APPEARANCI~ PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTION; TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TH'I: NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOU( PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, !F YOU DO NOT HAVE A LAWYER, G( TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATOOF ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WIT( INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE( FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG &REIS CO., L.P.A. By: f/ Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7949764 A PIT T4L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-2274 CIVIL TERM CURTIS J BURNS NON-MILITARY AFFIDAVIT The undersigned, who first duly sworn, .according to law, deposes and states as follows: That heJshe 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 CURTIS J BURNS. 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. CURTIS J BURNS 216 W COOVER ST MECHANICSBURG, PA 17055 is not in the military service. Further Affiant sayeth naught. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-14-2010 08:46:01 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency BURNS CURTIS J Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~ ~-~-- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) Fformerly 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/nis/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/scra/popreport.do 6/14/2010 ' ~ bequest for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:KT24G4AHBQ https://www.dmdc.osd.mil/appj/scra/popreport.do 6/14/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 10-2274 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) CURTIS J BURNS Defendant(s) M&TBANK CITIZENS BANK PN(_' BANK, Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: d ul - M William T. Molczan, Esquire PA I.D. #47437 P . 3 "t - U U WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 92 , pv 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 s. C) - <? c 3 c ? -Tj ? ?m r- r 73 r„ .c>0 C <p --fa c) cn z'' CK=0 6-aV?! 14!?) W WR No. 7949764 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff' vs. Civil Action No. 10-2274 CIVIL TERM CURTIS.I BURNS Defendant(s) M&TBANK CITIZENS BANK PNC 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 CURTIS J BURNS , Defendant 3. against M &T BANK, CITIZENS BANK, PNC BANK, Garnishee 4. Judgment Amount $ $4,877.96 Less Payments/credits received $ $0.00 Interest $ $283.86 Costs $ SUBTOTAL: $ $5,161.82 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, quire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., I-P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R No. 7949764 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2274 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From CURTIS J. BURNS, 216 W COOVER ST., MECHANICSBURG, PA 17055 (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 ol' M &T BANK. 1 WEST HIGH STREET, CARLISLE, PA 17013 - CITIZENS BANK, 665 NORTH EAST STREET, CARLISLE, PA 17013 - PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 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 $4,877.96 Interest $283.86 Any's Comm % Atty Paid 5170.00 Other Costs Plaintiff Paid Date: J1,1LY 1, 2011 (Sea.]) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQ. L.L. $.50 Due Prothy $2.00 David D. Buell, Prothonotary Deputy 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. 15219 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor of Climb, FILED-OFFICE 01 THE PROTHONOTAi't), 2011 JUL 12 PM 1: 34, CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Curtis J. Burns Case Number 2010-2274 SHERIFF'S RETURN OF SERVICE 07/06/2011 04:01 PM - Shawn Gutshall, 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, PNC Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to SHERI GLITTSHALL - ASSISTANT BRANCH MANAGER, personally 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 July 11, 2011 to Curtis J. Burns at 216 W. Coover Street, Mechanicsburg, Pennsylvania, 17055. 07/06/2011 03:39 PM - Shawn Gutshall, 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to VANESSA CASSELL - RELATIONSHIP BANKER. personally 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 July 11, 2011 to Curtis J. Burns at 216 W. Coover Street, Mechanicsburg, Pennsylvania, 17055. 07/07/2011 02:55 PM - Stephen Bender, 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, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to JESSICA WEBB TELLER MANAGER, personally 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 July 11, 2011 to Curtis J. Burns at 216 W. Coover Street, Mechanicsburg, Pennsylvania, 17055. SHERIFF COST: $197.06 July 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Guts , Deputy Z? ? . tephen Bender, Deputy !c) CountySUO Sheriff. Teleosutt, Inc_ r. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CURTIS J BURNS Defendant(s) M & T BANK CITIZENS BANK PNC BANK Garnishee(s) Civil Action No. 10-2274 CIVIL TERM TO: M & T BANK, I WEST HIGH ST, CARLISLE, PA 17013 CITIZENS BANK, 665 NORTH EAST ST, CARLISLE, PA 17013 PNC BANK] 05 NOBLE BLVDCARLISLE, PA 17013 RE: CURTIS J BURNS, 216 W COOVER ST, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-4793 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! cra zM x cn ? 3> fNV , ?" .b -.iii ?. .? _ .. .... " ^P N) 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. 7949764 Amo ers 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 pr savings accounts and certificates of deposit)? M & T BANK k_V? HAS NO OPEN ACCOUNTS FOR ABOVE NAMED 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of 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? XAN 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? "()A 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? 'kA 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. QA- W" No. 7949764 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. 0?1 9. If the answer to Interrogatory l is in the affirmative, state the date the sheriff served these interrogatories on thils? institution. tiL'?s 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. H. 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? CA 12. If the response to Interrogatory I I is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczah, Es)#1?e 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. 7949764 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 zj., (Name) L 1 _ of '1 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. 7949764 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION DISCOVER BANK Plaintiff(s), vs. CURTIS J BURNS Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. _MW -C Zy C CD ? .7 < ra 77, ` xa C7 ry, C.? _.2 cm 10-2274 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1 to _12-) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that it maintains no deposit accounts in the name of the Defendant, Curtis J. Burns, accordingly no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Marjorie Morris who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. I?ILltirc?y Marjorie Morris Sworn and subscribed before me this ;A day of July , 2011. OL Notary Public N1IH LTN OF PENNSYLVANIA j NotaAalSeal Christina Graham, NOUN Public city of PRtsburgh, A"Wv ny CArarty My CornmisSM "res March 23, 2014 Member, Penn sYhrania Assodatlon of Notaries Certificate of Service I, Marjorie Morris, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon e folio ng by depositing it in the U. S. Mail, postage prepaid, this p day of 12011. WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVE PITTSBURGH, PA 15219 CURTIS J. BURNS L Morris IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DISCOVER BANK, Plaintiff(s), vs. CURTIS J BURNS, Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. CIVIL DIVISION 10-2274 Answers to Interrogatories Code: 200 Execution 1 Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronan Stevens & Young, LLP Great Valley Corporate Center 30 Valley Stream Valley Parkway Malvern, PA 19355 (484)-323-1351 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DISCOVER BANK Plaintiff(s), vs. CURTIS J BURNS Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. CIVIL DIVISION ?: l r ry i fT C x_ Q o DC ?. C)rn -2? 10-2274 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1 to _12.) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that it maintains no deposit accounts in the name of the Defendant, Curtis J. Burns, accordingly no funds are being held subject to this Writ of Execution. f COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Marjorie Morris who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief Sworn and subscribed before me this A day of Ju ly -52011. 041 Notary Public G0MMONWEALTIi OF PENNSYLVANIA -- Note" S681 Chrishng cam, NOON PUW City of RWmrgh, Alltyheny COWtV My CunisSon 6cpfres March 23, 2014 flember, Pennsvivania Association of Notaries Marjorie Morris Certificate of Service I, Marjorie Morris, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon e folio ng by depositing it in the U. S. Mail, postage prepaid, this p day of '2011. WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVE PITTSBURGH, PA 15219 CURTIS J. BURNS L iorie Morris IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION 10-2274 DISCOVER BANK, Plaintiff(s), vs. CURTIS J BURNS, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronan Stevens & Young, LLP Great Valley Corporate Center 30 Valley Stream Valley Parkway Malvern, PA 19355 (484)-323-1351 J THE PROTHONOTARY WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7949764 DISCOVER BANK Plaintiff 2012 JAN 19 AM 10: 19 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND County Court of Common Pleas VS. CURTIS J BURNS Defendant(s) NO. 10-2274 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. . By Sworn to and sub 'bed Before me the "day of JAS'` , 2012 J j NOTARY PUBLIC VANL4 Sheila G. M QommWon Nov. lb 2014 Sarah E. Ehasz, Esquire Attorney for Plaintiff Q+,?aq .sapd Ck? a3??1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2274 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From C'URTIS J. BURNS, 216 W COOVER ST., MECHANICSBURG, PA 17055 (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 M &T BANK. 1 WEST HIGH STREET, CARLISLE, PA 17013 - CITIZENS BANK, 665 NORTH EAST STREET, CARLISLE, PA 17013 - PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013 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 an), 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 $4,877.96 Interest $283.86 Arty's Comm % Arty Paid $170.00 Other Costs Plaintiff' Paid Date: JULY 1, 2011 (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQ. L.L. $.50 Due Prothy $2.00 r David D. Buell, Prothonotary Deputy Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 TRUE COPY FROM RECORD Supreme Court 1D No. 15219 In Testimony whereof, I hang unto set my hand and the 00011 of said ?,C&disNk Pa. Thh day of,? l 20 ?. Prothonota Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY V4a1111i Ot ?:i lr:. trr?jrl dZi UMBERLM q J 1;114 - f, PDWSYLWAu'11A Discover Bank vs. Curtis J. Burns Case Number 2010-2274 SHERIFF'S RETURN OF SERVICE 07/06/2011 04:01 PM - Shawn Gutshall, 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, PNC Bank at 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to SHERI GUTTSHALL - ASSISTANT BRANCH MANAGER, personally 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 July 11, 2011 to Curtis J. Burns at 216 W. Coover Street, Mechanicsburg, Pennsylvania, 17055. 07/06/2011 03:39 PM - Shawn Gutshall, 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, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to VANESSA CASSELL - RELATIONSHIP BANKER. personally 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 July 11, 2011 to Curtis J. Burns at 216 W. Coover Street, Mechanicsburg, Pennsylvania, 17055. 07/07/2011 02:55 PNI - Stephen Bender, 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, Citizens Bank at 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to JESSICA WEBB TELLER MANAGER, personally 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 July 11, 2011 to Curtis J. Burns at 216 W. Coover Street, Mechanicsburg, Pennsylvania, 17055. 01/23/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $202.36 SO ANSWERS, January 23, 2012 RON R ANDERSON, SHERIFF " - G)?`'. . T' 1-t, 77- 71 1J 5