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HomeMy WebLinkAbout10-6360SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff '~~~.~~-fl~~~~~ ~~~~ti~t~ ~~ ~u„liar,., TAE P~~T~~~~QTAY Jody S Smith Chief Deputy ,~~ :~~,~_' ~ ~~ ~ Q ~~T ~ ~ ~~ ~a~ ~ J Richard W Stewart Solicitor ~F~Ic~ -_ -.;~; c..Epl,~~~BERLA~dD ~;U~T~' ~'EP~SYL~'~~~1~^ Discover Bank vs. Melvin Elwoo Ehling, Jr. Case Number 2010-6360 SHERIFF'S RETURN OF SERVICE 10/13/2010 02:28 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2010 at 1428 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Melvin Elwood Ehling Jr., by making known unto Janet Warner, adult in charge at 122 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 15, 2010 GERALD WORTHINGT DEPUTY SO ANSWERS, ~G"`~~ RON R ANDERSON, SHERIFF (cj CountySuite Sheriff. Teleosoft. Inc. Js c0 DEC 10 PM 2: S CUMBERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10-6360 VS. MELVIN ELWOO EHLING JR AKA MELVIN E EHLING PRAECIPE FOR DEFAULT JUDGMENT 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 08620115 C A Pit DFO Judgment Amount $23085.79 a 04P A -7 CLO(k x{8'4 gbh ? DISCOVER BANK Plaintiff VS. MELVIN ELWOO EHLING JR AKA MELVIN E EHLING TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-6360 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant MELVIN ELWOO EHLING JR AKA MELVIN E EHLING , above named, in the default of an Answer, in the amount of $23085.79 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principal $20998.86 from August 04, 2010 to Q the interest rate of 28.990% Attorney's fees TOTAL $20998.86 $0.00 balance of November 30, 2010 per annum $1961.93 $125.00 $23085.79 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. aVmbrodt,42524 08620115,C * Pit DFO Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh //A 15219 And that the last known address of the DeVendant is MELVIN ELWOO EHLING JR AKA MELVIN E EHLING 122 E LOCUST ST MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. MELVIN ELWOO EHLING JR AKA MELVIN E EHL.ING Defendant Case No. 10-6360 IMPORTANT NOTICE TO: MELVIN ELWOO EHLING JR 122 E LOCUST ST MECHANICSBURG, PA 17055 Date of Notice: 5 1 C) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (T17) 249-3166 WELTMAN, WEINQP463 & REIS CO., L.P.A, By: ,?- Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8620115 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 10-6360 NON-MILITARY AFFIDAVIT MELVIN ELWOO EHLING JR The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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 , MELVIN ELWOO EHLING JR AKA MELVIN E EHLING , is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: MELVIN ELWOO EHLING JR AKA MELVIN E EHLING 122 E LOCUST ST MECHANICSBURG, PA 17055 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Dec-01-2010 13:03:29 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency EHLING MELVIN E 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). 01 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htty://www.defenselink.mil/faq/pis/PC09SLDR.htm1. 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 12/1/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:OOTOFAHE18 https://www.dmdc.osd.mil/appj/scra/popreport.do 12/1/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-6360 MELVIN ELWOO EHLING JR AKA MELVIN E EHLING NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $23085.79 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 Prothonotarv By: MELVIN ELWOO EHLING JR AKA MELVIN E EHLING 122 E LOCUST ST MECHANICSBURG, PA 17055 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6360 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From MELVIN ELWOO EHLING, JR. AT 122 E. LOCUST STREET, 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 ORRSTOWN BANK AT 77 E. KING STREET, SHIPPENSBURG, PA 17257 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 $23,085.79 L.L.$.50 Interest $311.18 Atty's Comm % Atty Paid $170.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 3/11/11 (Sez]) 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 Deputy Supreme Court ID No. 90963 ?'P 1*1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MELVIN ELWOO EHLING JR Defendant(s) ORRSTOWN BANK Garnishee(s) 4, P /r? G 0 f 1 Ady 0 k -t- -) C) 8 & d&-l 0811- '?Q 11 S, c I 4/6 & ' ; S-0 fete. L1, No. 10-6360 PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff ra: COUNSEL OF RECORD OF 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 No. 86201 15 '1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-6360 MELVIN ELWOO EHLING JR Defendant(s) ORRSTOWN 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 MELVIN ELWOO EHLINGJR , Defendant 3. against ORRSTOWN BANK... Garnishee 4. Judgment Amount $ $23,085.79 Interest $ $311.18 Costs $ SUBTOTAL: $ $23,396.97 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. 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. 8620115 SHERIFF'S OF FICE OF CUMBERLAND COUNTY n Ronny R Anderson _-rr Sheriff rn a• -urn ll Jody S Smith Lo d uy? N ?(? < Chief Deputy --? --4C:) r Richard W Stewart -n Z Solicitor ? N OFF = - Discover Bank Case Number vs . Melvin Elwoo Ehling, Jr. 2010-6360 SHERI FF'S RETURN OF SERVICE 03/18/2011 10:10 AM - Tim Black, Deputy Sh eriff, who being duly sworn according to law, states that on March 18, 2011 at 1010 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, t wit: Melvin Elwoo Ehling Jr., in the hands, possession, or control of the within named garnishee, Orrsto n Bank, 22 S Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Allison Ma hall, Customer Service Representative, personally three copies of interrogatories together with thre true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice o defendant was mailed on March 22, 2011 to Melvin Elwoo Ehling Jr., at 1428 Apple Drive, Apt. 198, Mec anicsburg, PA 17055. March 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Tim B1 ck, Deputy ;> COLMIYSUite Sheriff. 7e1eoS:r!. Ic;; WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8620115 DISCOVER BANK Cumberland County Court of Common Pleas d vs. rn- MELVIN ELWOO EHLING JR '. ? ? v? NO. 10-6360 r and fCp .fly,-, p C'1 3 ? ) ORRSTOWN BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), ORRSTOWN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Ja s Warmbrodt- Esquire Att rn v for Plaintiff Sworn to and su scr'bed Before me the day of March, 2011 NOTARY PUBLIC Al #j'C° &0 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public ?!! City of Plttsbumll, Allegheny County LMY ComMWM BO M July 15, 2014 Member. Pennsvivania Asodation of Notaries pe# 7 -73