Loading...
HomeMy WebLinkAbout11-0194~~~~©-~fFIC~ ~~TNE FROTNONOTARY 2011!.'."~1 ,.,~~~12 ClJfi'';~~~i., .,~~~=; ;~' "QTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEPHANIE HAMILTON Defendant No: ~('- l~~ ~Vll ~~ 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 08857951 C P, Pit CXC D oa`~i~ a~ a~ q$~ t~`'a~ C~~ a ~3y V lv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No 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 . %. Defendant is adult individuals} residing at the address listed uelow: STEPHANIE HAMILTON 4 W MAIN ST # 1 WALNUT BOTTOM, PA 17266 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2353 . 4. Defendant made use of said credit card and has a current balance due of $2184.38 as of November 03, 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 21.990% per annum on the unpaid balance from November 03, 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 . ~^.l!~ho,.z:;a 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 STEPHANIE HAMILTON ,individually in the amount of $2184.38 with interest at the rate of 21.990% per annum from November 03, 2010 plus attorneys' fees of $125.00 and costs. James WarmbrOClL,4~5L4 WELT WEINBERG & REIS CO., L.P.A. 436 S v nth Avenue, Suite 1400 Pitt ugh, PA 15219 (412 4 4-7955 FAX: 4 2-338-7130 088 79 1 C A Pit CXC This law firm is a debt collector attem}~t/ing to collect this debt for our client and any information obtained)~Gill be used for that purpose. DISCOVER New Balance Minimum Payment Due Account Number ending in 2353 52,184.38 $510.00 Enter Amount Enclosed Below ayment Date $', November 14, 2010 15 SDSN6A010008873 STEPHANIE HAMILTON 86 BEETEM HOLLOW RD NEWVILLE PA 17241-9541 GO peperhss end make your aCCOUnt inforrrrstlon more seclxe wdh password- prdeded statenlerlts any you can access. Learn more at diseovercamlpaperless. PO BOX 6103 Illrsrllrrrsrslls~rlsslssll CAROL STREAM IL 60197-6103 Adores,e~mailortelePhonechangev ItILtILt~tttllLl~tltttlJlttt~~IIIIt~t~tllJlttt~tll~tl~tll Go to vvww.Discovereem a priN change in space above 000001986458599216591021843800090000051000 Data: Spltsmber 16, 2010 - Cbsing Date: October 1 S, 2010 Discover Moro Card Account Summary Account number ending in 2353 Prwious Balance 52,159.38 Paymenh And Credits - 0.00 Purchases + 0.00 Balance Transfers + 000 Cosh Advances + 000 Interest Charged + 000 F«s Charged + 25.00 Nwv Ba~ancs 2,184.38 See Interest Charge Calculation section foWowirtg transatiions for detailed APR mFormation Credit line 52,s00 00 Cndtt line Available 50 00 Cosh Advance Credo Lins 51,300.00 Cash Advanes Credit Um Available 50.00 wanuuca wnua Anniversary Month August C~psning Cashback Bonus Balance S 0.00 New Cashbtsdc Bonus This Period + 0,00 Caslrbock Nereus belonee S 0.00 To hero mac, b8 in at www.Discowr.oom page 1 of 2 Payment Infolmatwn New Balance 52,184 38 Minimum Payment Dw• 5510.00 Payment Due Date November 14, 2010 •Indudes past due amount of 5464.00 Late -aynrrM Warming: IF we do not receive your minimum payment by the doh listed oboes, you may haw b pay a kste Fee of up to 529.00. Mirirwm PtsymesM Wamirg: If you make only the minimum payment each period, you will pay man in interest and R wiA lake you ksng.r to pay off your balatxe. For example: t+riy stoke ~i0 lf'iaet v~ll pptra. ,I . Y~'~ f ~..... _ , _ tbl~t tared ansE I~iestrlermrlttt teV ~st~irrlatiletleak:d of>. m~sA~'3'MFti fir,: Onlylhe minimum q years 52,184 F~~ IF you wand like informahon about credit counseling services, caN 1.804347.1121. EXHIBIT 1 3 Easy Ways to Contact Us 1 Accau your aceoure securely at www.Ditcover.cam 2 Call 1.800•DISCOVER (1-804347-2683 Please haw your Diseowr~ card avai e. 3 Write to us at Dtseowr, PO Box 30943, Sok lake City, UT 84130 For TDD (felecommunicdions Device for the Deaf) asaiatonee, please coN 1-800.347-7449. Manage Your Account Online at www.Disoover.a~lrl • Acceu free online tools like Paydovrrr Pkuner b cosh a plan to pay down your baksnce, securely access sbtsmsnfs, pay bills online coil easily track ant h+ataactrons • Make your money worth monk-And easy ways to cam and redeem cash awards • NEWT A«asa yax account securely through your mobile phare Transactions T s. D ~ A S~~>t l y5l d Credits fCy / Jul Sep 30 Sep 30 PAYMENT • THANK YOU 5 .80.00 Oil 10 Sep 30 PAYMENT ADJUSTMENT g0,00 Fees Oct 9 Oil 10 RETURNED CHECK CHARGE 5 25.00 TOTAL FEES FOR TENS PERIOD 25.00 Merest ChtsrN.d TOTAL NV1EREST FOR TENS PERIOD 5 0.00 2010 Totals Yearto-Date TOTAL FEES CHARGED IN 2010 S 166.00 TOTAL INTEREST CHARGED IN 2010 129.31 CoMinu.d an rev.rse :ide. DfSCWEi~ Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through efnai) or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovsrcam/paperless 02010 Diuowr Bank Abmber FDIC PAPER 0310 O N D Q0 S v w N v V 8857951 Questions? visit www.uiscwr~r.r~om or DISCOVER call 1-800-DISCOVER (1-800-347-2683M. DISCOVER h pot's to STEPHANIE HAMILTON DISCQVER Acawnf number ending In 2353 page 2 of 2 Interest Charge Calculation Your Annual PercerTtage Rate APR) is fM annual iTlfersst rats on your account ~~ ~~ ~~ ~ ~ ~~U~ CENTAGE ~ ~~ECT TO NTEREST CHARGE Purcheas 21.99X SO SO Call Advances 15.24°!b V SO SO V .Variable Rafe Addiiotnd rnporlom rstsssrsafion Important InfomtWion. N dare Is man Than one pope ro dun bgling statement, see the back d e«h pope For oddfNond imporbM information See Your Cerdtsteintber Apnemenf. Your Cadmsmbar Agreement contabs dl the Terms d your Account Lad a doles aerrde. Repol immsdrarfyl CoR 1-800-317-2683. Wlsef Te Fze N rw TMssk rw Fftsd A r1AbNke Oe rave StlettemetA N you duds dean is an error on your torment, wnh b us d Discover, PO Box 30421, Sall lake Ciy, UT 841300421 b your otter, give us The bNoweg informallon Account tdamahon: Yaw twine and «count number • Dollar omouM• The doNa amount of ilea susp«Nd error Detcnphon d Problem: M you 1Mnk There is an error on yaw bNl, descrba whd you believe is wrong and why you bskaw N is o misbb You must contact us wrlhm 60 days ahsr des error oppeand on yaw torment You must roily us d arty pdandal eras n wrong. Vou may call us, but If you do ors on red squired b ~inwshgar any potshot error and you may haw b pay ilea omaxst in question WhNe we hwesNgote whether a red dies has been an error, the folbwirp are hue We cannot hY b collect dre amount b epreshon, or sport you as dslTrqueM on Thal amosxrl TM charge b tion may remain on your sloMnsM, and we may eonNrrw b charge you brron on dear amount But, iF we derrmhre drd ors made a mistake, you veil red haw b pay the amount b queerer or arty inxsmsl or odor iws relaMd b dwt amount WhNe you do red have b pay dr amount b question, you aro rospasn'bM for The remainder of yaw bob«e We can apply any unpaM amount ogornu yaw credal NmN rave RIBhM N rw Are OfeeeNelfed sVRh rave Credlr Card psrrdsesee d you en dissadsRed with the goods a services Thal you haw purchmed wkh your credit card, and you haw aied in good bidr b correct The problem wish dr merchant' you may haw The rght red b pay ilea nmaimng amount duo on the pwehass To ur dos ngh4 aN d the fobwirg man be hue 1 The purchaw must haw own made in yaw hams sbr a vnthin 100 mNas d your cumnt maikng address, and the purchase prke must how been more drat S50 (Note: NeMrr d diets are n«nsary R your purchaw was 6asad on an adwrtisemeM we mailed b you , or d ors own ilea company dsd sold you dr goads or services. ) 2 You mwt haw used your credR card For ilea purchase F'wchars made wNh cash advances (roman ATM or wish a chock dsd «cesrs your eradR card aeeowrt do not quddy 3 You man red yN how fully paid for the pwehor N dl d dre crirrb above an nrd and you an slRl dissaisfisd wish dre pwehor, eonbct w m wMrrg at Discover, PO Box 30945, Sole Luke CNy, UT 8 4 1 300915 While vs I^w+dgar, dre same rules apply b dr dspurd amount as dirussed above AfM we knhh our rmasligrslbn, we well rN you our d«isbn At dwf potM, If we dwds you row an amount and you do red pay ors may report you as dsNnquenf PoYsstesda Send only your payment and ilea by portion d dsh slormeM b dr «webpe provided Do not wrd cosh By sandrg yaw ch«k as described above, you audrais us b ur inbrmdson on your ch«k b rrwka on el«hauc hxd horsier from your xcourx at dr knaneiel msMulion indkabd on yaw check a b pr«eu dr poynrrx os a ch«k bons«Hon N payment a pr«essed as on alaelromc Fwd hanshr, tM hanshr wail be for drs amount d dre ch«k. When ors use Ndwmaion ham yaw ch«k b mob on ekxhonk land harofsr, hinds may 6a wxhdrawn from your «coum os soon as du sums day we r«siw yaw payment' and you will na r«ens yaw efrek b«k 6om yaw knancid imhYuflon The praessing d your payttwM may be debwd R you send cosh, cdrespordenee or other items with yaw payment, d you send the payment b ary other addreu a d you ur an enwbpe odter Than ins one provWed PayrrrMS r«eived Tn propw form at ow Pr«essbg leer it' by SPM bed time on arty day wIN be ereeMrd b yaw Account a of That day Payments received d ow pr«ass' facrlny aher SPM bed Mina wNl b. eredird b your Aceorrnt of d dr rear day d you haw mhplaced yaw arrwbpa, send yaw payment b Otscover, PD~x 6103, Card Skaam, IL 60 1 97-6 1 03 Morse dove 7.10 days br dallwry N your payment b rehanad unpaW, vw reserve ilea riglsl b ratubmN N os an el«honk dabN You can pay yaw midmum payment a a grearr amount over des rbphone, aril you can set up aubmaNe payments CaN us d 1-000347.2683 You will need dear ttarnterst and yaw bank «corrnt irdorrrsoNon You mutt crews dwt ssdfkrM (ands an avaibbls b yaw bark «corsnt, and aN hornacNons mua catply wkh U S. law You wiN be otbd b provide Ihs fhu 5 drgds d yaw «couM staNrneM ZIP code By enterirp Ihote numbers as your ebclronk slprgk you wiN be b dot os4isaimllan b dove us and yaw bank b deduct each paynanl you aullsorire from your bank «eount, and b initior de3i a~eredR eMrtes b your bank xcouM, m oppkcable, b car«l an error M ilea pracewng of such poy~m You must seN us dre amount d e«h payment a can saksct an amarrM such at ilea Minerwm Payment Dw or ilea New Babnee on a«h sbtemerN You can cared o poyman however vw mwt r«erw nalke d leaa three bushra days in adw«e d the schadubd paymed Yeu may ratify us by phone at 1.800347.2683 a by maid dre address leered in dw porous paragraph If your payments vary b amount, w. want rN yea a a«h marddy sbMwnl when year poyrnarY wrA be mode and how m«h N wiN ba Your arrtorealic payment amount may b lea than bdkasrd on the mashy sbrmaM bard en crerk7s a paymen4 applyd during ilea bTkng cycle CndN Reporting. We may report bfarrwdon abater your Account b credN bweaus tar payments, inbred paymeres, or odser debubt on your Account mmaayy be neRscted b yaw cndd report W~ norsrtoiy report dr slaNS and payment h(sbry d Account b credR reporkrss ageneMs a«h morsels dyou ITrRew that our sport b inocewar a incomplete,pIeor wrke us al dre idbwirg address Discover, fb Box 1.5316, Wiknxgbrs, DE 1 985053 1 6 Mwr indkasr yaw none, address, hone leleplrrr number aril Account number -oYing Ielerwf. fx.p as provided basbw, vw wrN impose Inrnn Charges on pwchases, cash advances aril bdarrca honshrt begbnhg wads the dot dte hassacdon ocean until The der d repaymarx and on Old Bolarscet, smhl dr data d rapaymed del Balances ae comprised d eNhar pwehors and cash advance mode on a prior b ilea bsr day d your bNNng period srdbg durNg february 1993 a Resew line balances. You can avoid payment d ksrnd Chagas m new purchart N you pay Iha New Bobnce shown on Iha bAlxg sbrmenf on whkh dr purehar Nrn appears by dx l6yrrseM Dw Date, and dr PayrswMs aril CradNs on drd sbrment equal a exceed yaw Prwlous Bobnce We caN dtis Ths'graee psrbd' You do red have o grace perod on bobnce Monsters a cash advances IrsMest Charges ae imposed on new balance hanshn and cash odwntes beginmrg wNh ilea dab Ilse hansacNon aeon. Mrren Charges aro imposed on aN tronsacNons and Old Balances until des dote d repayment Re ant morns payment d yaw eMke New Babnca However, d pay dr New Bab«e shown on dos balingg srMSrM by the Paymem pro Dar, ond~ Payntersb orsd CndNS drown on dos ssaMnent egwl or exceed dr Previous Boksrsa, we veal sal impose kueral Clwges am new purehars, deaf Is, purchars lets oppwrirp on dos sbreteM N your Account was elaed a d September 27, 1999, you an ovoid d kMeren Charges i you pay the New Bdanee shown on dos STarrnere by dr Payment Der Dde and tM Payrrrret and CndNs on dos Starmerst pool ar exceed your Rwious gabnce Olherwfr, you w#I racewe a biNtrg sbMnsM rrro month that Includes fnMan [Morgan Nnposed uMA dre der d repaymenT How W~ Cakuktte Intend Charyee • Doilyr 8alona Method (indudfng cumnf tsvmeetiam): We figsxe Inrresl Charges for a«h baling period To do Ihb - We cakubr yaw bless dwrgss rpaaraly br each balance subject b diB.renr Nrms (For example, standard pwehoses, sbndord cash advances and Old Balarsees and wch purchar, balance xansbr and cash adwnce balance subject r prandionol trine) We refer b these baances a hansodion rxsrgain Wa ffgun tlr 'doily baksnu' fore«h nans«tkn msrABory To g.t d»'doRy bobncs' we bin dre bapinnmg bolonu breach day, odd any new kansachory and fees and any kuemt C es accrued on dr previous day i daily bobnce We dren tubh«l arty cradK and poymeds and 885 m~_gdser odjsnhnents ks eokulaarg dr daay sea br dr Hrn day d dra bitting perod, we canwdar the'prwbus day s daily baance- ro ~¢eerns yaw 6olonce an dr ken day d yaw prawow bfNing period This giver us the daily babnca for a«h hons«Norr eargay • uro the krersn Charges on your Account by muNiplying the daNy bob«e br e«h hansoetbn xrgory by Ns doay psrbdte tor, br s«h day in dr biWng period The bbl Mrrost Chagas for ilea balrrg psrrod ae Iha sum d des dotty Inrra:t Charges for conch Trans«tbn category fa a«h day dwing dwt billing PK~ VVMn vs earkulaM doqy baksnces, vre add a new kansoclion at d des Trons«uon Doti shown on brYi sbrment' srnkru dr hans«Ifon 4 b yyoouur Account dM drs cbr d dr bilWg period to whkh N «ews, M whkh car The bons«aon wiN be added b lhs daily baance as d dr Rrsl dre b/tng perod b which R b posrd b yaw Account AN lees eha ell b yaw Accosrnt an added b ilea sbndad purehar trans«Non eargay wills dr axceplion d Cash Adwnu Fees vvhkh ae added b ilea applsw~e cosh odwnea hans«Non corgory and Balance iranshr fees which ae orldd b the applkdsle bile«e hons6r hansacNon eargay Fw TDO (Telecwnmunioations Della for the Deaf) auieMna, please oall 1-000-347-7149. CoMTSKSed on nwrse stile. D~S VEt~ Diuowr may mondor and/or record Mlephone caNs be~ween you and Diuovar represenloNws For qualiy aswmnee purposes The Diceoverm wrd is issued by Discover Bank Member FDK OITBKO65 y v w a 0 N 0 v 8857951 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczygiel (Name) Legal Placement Account Mana eg r of DFS Services LLC servicing went for Discover (Title) (Company) Bank ,plaintiff herein, that she 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 her knowledge, information and belief. WWR# 8857951 Stephanie Hamilton 6011002476532353 DISCOVER BANK Plaintiff vs. STEPHANIE HAMILTON TO THE PROTHONTARY: 5 7 cr. y IN THE COURT OF COMMON PLEAS -- ,t_ -r? CUMBERLAND COUNTY, PENNSYLVANIA a'?= CIVIL DIVISION - ' -0 r7l Civil Action No. 2011-194 CIVIL: ;TER? PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant STEPHANIE HAMILTON above named, in the default of an Answer, in the amount of $2454.86 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $2184.38 from November 03, 2010 the interest rate of 21.9900 Attorney's fees TOTAL $2184.38 $0.00 1 balance of to February 22, 2011 per annum $145.48 $125.00 $2454.86 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. 08857951 ?armbrodt,42524 A Pit DFO Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburg A 15219 And that the last known address of the D ndant is STEPHANIE HAMILTON 4 W MAIN ST ## 1 --- WALNUT BOTTOM, PA 17266 t?,?G' /iCt°?%l?c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 2011-194 CIVIL TER vs. STEPHANIE HAMILTON Defendant IMPORTANT NOTICE p: STEPHANIE HAMILTON 4W MAIN ST#1 Ai LNUT BOTTOM, PA 17266 CIO STACY 10 W HIGH ST CARLISLE, PA 17013 , Date of Notice: 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. CANNOT IF YOU ABOUT AGENCIES THATMAY O FER LEGAL SERV CES TO ELIGIBLE PERSONS ABTLA REDU EDIDFEE OR NO FEEFORMATIO CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.1.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8857951 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ON DISCOVER BANK Plaintiff Case No. 2011-194 CIVIL TER VS STEPHANIE HAMILTON Defendant IMPORTANT NOTICE TO: STEPHANIE HAMILTON 4WMAIN ST#1 WALNUT BOTTOM, PA 17266 /O STACY 10 W HIGH ST CARLISLE, PA 17013 , Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A JUDGME T MAY B ENTERED ATTORNEY AND FILE LESS YOU WRITING WITHIN TEN DAYS FROM THE DATEEOFO H S OBJECTIONS AGAINST YOU. UN AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. TELEPHONE T CAN PROVIDE YOU WITH IN O MATION BOUT HIRING A YOU HE SHOULD TAKE THIS PAPE TO OFFICE SET FORTH BELOW. YOUR OFFICE LAWYER. AGENCIES THATOMAY OFFER O LEGHIRE A AL SERVICES TO ELIGIBLE PERSONS AT A REDUCEDIDFEE OR NO FEEFORMATI IF YOU AFFORD ABOUT CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & 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 8857951 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2011-194 CIVIL TER STEPHANIE HAMILTON NON-MILITARY AFFIDAVIT 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 , STEPHANIE HAMILTON 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: STEPHANIE HAMILTON 4 W MAIN ST # 1 WALNUT BOTTOM, PA 17266 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 Feb-22-2011 06:36:57 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HAMILTON STEPHANIE 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). 14 4 . Vif ow? lot 044, A?*? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/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/scra/popreport.do 2/22/2011 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:L5CINL6NLB https://www.dmdc.osd.mil/appj/scra/popreport,do 2/22/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2011-194 CIVIL TER STEPHANIE HAMILTON Defendant(s) NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on t (xx) Assumpsit Judgment in the amount of $2454.86, 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 P honotary By: WOLF & WOLF PROTHONOTARY (OR DEPUTY) 10 W HIGH ST CARLISLE, PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 101 I -19<i CIVIL TERM ALste'Rz 7D ' - vs. INTERROGATORIES IN AI TAZ F PATRIOT FCU -'' -_ -rr STEPHANIE HAMILTON Defendant and PATRIOT FCU Garnishee FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA 1. D. 490963 WELTMAN, WEINBERG & REI S CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR98857951 r'n < -y.. t n r'" ''? rra . c? c - r T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff CMI Action ?o.: `0! 1-194 CIVIL TERM STEPHANIE HAMILTON Defendant and PATRIOT FCU Garnishee TO: PATRIOT FCU Suggested Reference No.: XXX-XX-6802 800 Wayne Ave Chambersburg, PA 17201 RE: STEPHANIE HAMILTON 4 W MAIN ST #1 WALNUT BOTTOM, PA 17266 IMPORTANT NOTICES TO GARNISHEE'. A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against vou. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? yP S I a. If the answer to Interrogatory I is in the affirmative, -state the ioilowing: 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. 3av i n5S Ac'c eu-r k 0 3 2L, .6G r Are ki n5 p eeo u,4 F H , 31 to , 6 S 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. / " Q 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? /VbF 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? /v© 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? 14- lo 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? /v d 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. Ll. ?e,S -- .So C &,:,c c , U-5. %r- -.qs ty 30 3 pU 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. /V D 9. If the ans?tier to Interrogatory : is in the affirmative. stare the date the Sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other finds were frozen, restricted, or otherwise put on hold by this institution. ,o-3-11 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? 1Vd 12. If the response to Interrogatory 1 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. NA WELTMAN, WEINBERG & REIS CO., L.P.A. isy: _ ?---- Matthew D. Urban, Esquire PA I_D. 490963 WELTMAN, WEINBERG & REIS', CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR48857951 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C. S. 4904 relating to unsworn falsifications to authorities, that he/she is ?-? (Name) 3-1(t orl n'a) s-- pal ? /i of or;f????cz? AA 1411 rtle) ,garnishee herein (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) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 2011-194 CIVIL TERM vs. PRAECIPE FOR JUDGMENT AGAINS, , c: GARNISHEE Cz STEPHANIE HAMILTON r-nm =r" c r' r = T Defendant ? r j Q r Ica x? PATRIOT FCU z o E5 ° n Garnishee FILED ON BEHALF OF -< ' Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8857951 Q? t??,oo-P d d 90?6? s7 9-*dtal 50 Nom Nc? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEPHANIE HAMILTON Defendant PATRIOT FCU Garnishee Civil Action No. 2011-194 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, PATRIOT FCU , in the amount of $2,477.01, which is less than the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. Y: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8857951 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 800 Wayne Ave, P.O. Box 778, Chambersburg, PA 17201 rj- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEPHANIE HAMILTON Defendant and PATRIOT FCU Garnishee R THONG R No. 20 t l- i 94 CIVIL TERM ANStA)MS To INTERROGATORIES IN ATTACHMENT PATRIOT FCU y' J r !J 7 ' FILED ON BEHALF OF: c r Plaintiff COUNSEL OF RECORD Off' 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#8857951 'C r rnr 'or C.15 70 oC:) G A 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEPHANIE HAMILTON Defendant and PATRIOT FCU Garnishee Civil :action No.: 2011-?04 CIVIL TEf_M TO: PATRIOT FCU Suggested Reference No.: XXX-XX-6802 800 Wayne Ave Chambersburg, PA 17201 RE: STEPHANIE HAMILTON 4 W MAIN ST #1 WALNUT BOTTOM, PA 17266 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Ye -T I a. If the answer to Interrogatory I is in the affirmative, state the followinD: 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. Sc ulr)/? s - '*316,06 / 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. A4 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? / ., 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? /Ua 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? /1/d 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. 0 -- So c .Sec Co, l.?s `T??-7 303 ' 3-? IveS .. I 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9_ If the answer to Interrogatorv I is in the affirmative. state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory I 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. 6-3-11 I]. 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? Na 12. If the response to Interrogatory I I is in the affirmative, state the amount of non-exempt funds on deposit in the account. /v 14 WELTMAN, WEINBERG & REIS CO., L.P.A. tsy: L?- 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#8857951 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 )-CAI-Ile /Oran (Name) ?u,0oor? /qna Sys r of Pa?r?'o F?P?d l C?Pd? qua, a? garnishee herein, '(title) e) - (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) WELTM,-, N,' W AANBERG & REIS CO., L.P.A. BY: James C u, a.-mbrodt, Esquire I.D. No.42>24 336 Sevento ?eve,;ue, Suite 1400 Pittsburgh, P-N ; 5219 Phone: 412.413 '955 Fax: 412.4_i4. r?,>9 File # 88579 I OTAi Attorney for Pjq Tt?). TY PENNSY ? COUNTY DISCOVER RANK Cumberland County Court of Common Pleas vs. STEPHAM HL"-M. ILTON any? PATRIOT FEDERAL CREDIT UMON NO. 201 1-194 CIVIL TER G: -nisItec:(s) PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PRO Kindly ;;;a UNION, only,. ARY: the above matter satisfied as to Garnishee(s), PATRIOT FEDERAL CREDIT WELTMAN, WEINBERG & REIS CO.. L.P.A. Sworn to said subscribed Before me the 7 day NO RY L°"; il By ly, 2011 James/C warmbrodt, Esquire Atto ev or Plaintiff COMMONWEALTH Or Notarial Seal Wayne A. Jones, Notary Public City of Pittsburgh, Alfe gheny County My C® scion Expires lurte P? 1714 ember, Penns'vivanie AssociaL 0 - of juo ,.ies am ? $•?' P? a9i