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Home My WebLink About11-3120J- FFIk aT ONOTARY 2011M?IS PM 3: s5 ICIUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK ?I Plaintiff No: - b vs. JONATHAN F MILLER COMPLAINT IN CIVIL ACTION 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 08967641 C A Pit CXC L./ any- CaS'b7 ys?? 20.015 & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No JONATHAN F MILLER 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: JONATHAN F MILLER 236 S WEST ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5324 . 4. Defendant made use of said credit card and has a current balance due of $4972.05 , as of January 05, 2011 . 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 14.240% per annum on the unpaid balance from January 05, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll, 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. wb?`e, the Plaintiff prays for Judgment in its favor and against Defendant , JONATHAN F MILLER INDIVIDUALLY , in the amount of $4972.05 with interest at the rate of 14.2406 per annum from January 05, 2011 plus attorneys' fees of $125.00 , and costs. James C. rmbrodt,42524 WELTMAN, WE NBERG & REIS CO., L.P.A. 436 Seve th venue, Suite 1400 Pittsbu h, A 15219 (412) 4 4-79 5 FAX: 41 -33 -7130 0896764 C Pit CXC This law firm is a debt collector attempting t/o collect this debt for our client and any information obtained wi]?l/be used for that purpose. New Balance Minimum Payment Due Account Number ending in 5324 DISCOVER $4,972.05 $4,972.05 Enter Amount Enclosed Below Payment Due Date DUE IMMEDIATELY 08 S0SN6A010007623 JONATHAN MILLER 236 S WEST ST CARLISLE PA 17013-3878 Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperiess. PO BOX 6103 111.1111 tell CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Irllnlluuulllrlnlnrlrllnnrllllunrllrllnurllnlnll Go to www.Discavw.com or print change in space above. 000001986455415976531049720500000000497205 Opening Data: December 1, 2010 Closing Dols: Do Discover More Card Account Summary Account number ending in 5324 Previous Balance $4,972.05 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Balance 4,972.05 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $8,000.00 Credit Line 7tvaiksble $0.00- Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 Cas C Sonuse Anniversary Month November Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Caddmk Bonus Balance $ -0.00 To learn more, log in of www.Discover.com EYWB1T 1 nruer a', cv rv FL Jo r yr Payment Information New Balance $4,972.05 Minimum Payment Due* $4,972.05 Payment Due Date DUE IMMEDIATELY *Includes past due amount of $1,226.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may haw to pay a k»• fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 19.2A% variable. Minfmwn Payment Warning: IF you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Il' you make rai You w!N pay off the And yo( W, snt!` oddittonai c iargey balance shown on g}taytngan ing this card and this statement in: iolmwo4total 4- each month you pay. , about: Only the minimum 4 years $4,972 payment IF you would like information about credit counseling services, call 1-800.3471121 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com 1 Access your account securely at www.Discovw.com . Access five online tools like Paydown Planner to create a plan 2. Cal 1-8004DISCOVER (1.800.347-2683) Please have your Discover* card available to pay down your balance securely access statements, pay bills online and easily track all transactions 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 . Make your mom worth moresm-find eas w y ways to earn and redeem cash rewards For TDD (Telecommunications Device for the D•aF) NEW! Access your account securely through your - assistance please call 1.800.347-7449 , mobile phone Transactions Trans. Post Date Date TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL RVTEREST FOR TFRS PERIOD $ 0.00 2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 251.00 TOTAL INTEREST CHARGED IN 2010 177.47 Continued on reverse side. DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, 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 e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperless 02010 Discover Bank, Member FDIC PAPER.0310 W O rn z m D o_ g 0 J N N O V 8967641 Questions? Visit www.Discover.com or call 1-800•DISCOVER (1.800-347-2683) DISCOVER DISCOVER 11 pap to JONATHAN MILLER DISQ2VER __ Account number ending in 5324 page 2 of 2 interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. TO N R RE T RAT INTEREST CHARGE Current BAiM Period: 8 days RATE (APR) I TE S E Purchases' 06/26/2010 and offer 14.24% V $0 $0 06/2512010 and prior 9.24% V $0 $0 Cash Advances 23.99% $0 $0 Balance Transfers 0.00% $0 $0 V = Variable Rats ' Dates apply to non-promotional purchases and to expired promotions with start dates within the specified dale range Additional Important Information Important Information. If (here is more than one page to this billing statemenl, see the back of each page for additional important information. See your Cardmember Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1.800-347-2683. Whw to Do K You th" You Find A Mistake On Vow Statement If you think there is an error on your statement, writs to us at: Discover, PO Box 30421, Salt take City, UT 84130-0421. In your loner, give us the fallowing information: Account Wormation: Your name and account number. Dolbr gmounh. The dollar pmpun!_gt tht wtpected error.. Description of Problem: If you think then is an error on your bill, describe what you bellow is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appearsir statement. You must notify us of any potential errors in writing You m(01'17. ll usbut if you do we are not required to investigate any potential errors and you may haw to pay the amount in question. While we investigate whether or not there has been an error, the following are Inue: We cannot try to collect the amount in question, or report you as delinquent on that amount. The chorge n questan may remain an your statement, and we may continue to charge you interest on that amount. But, 4 we delermire Ihat we made a mistake, you wt11 rot hove b pay the amount In question or any interest or other fees related to that amount. While you do not lave to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your 8fgf ft of You Are 111h odeRd WNh Your Cro& Card Purdsases If you are dissatsfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may, have the right not a pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been mate in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Nola: Neither of these we necessary if your purchase was based an an advertisement we mailed to you or if we own the company that sold you the goods or services.) r 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM w with a check that accesses your credit card account do not qualify. 3. You must not yet haw Fully paid for the purchase. if all of the criteria above we met and you we still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 841300945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, 9 we think you owe on amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the op portion of this statement in the envelope provided. Do not send cash. By sending your check as described 'above , you authorize us to use information on your check to make an electronic fund transfer From your account at the financial institution indicated on your :check or to process the poyrnem iota check transaction. If payment if pracemed-as an electronic fund transfer, the transfer will be For Ilse amount of the check. When we use information 6om your check so make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. -The processing of your payment may be delayed R you send cash, correspondence or oAer items with your payment, 4 yyoou send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper lam at our Processing facley by SPM total time on any day will he credited to your Account as of that day. faymethereceived al our processing Facility Deer SPM local Imo will be credited to your Account as of the next day. If you haw misplaced yaw envelope, send yaw payment to Discover, PO Box 6103, Carol Stream, IL 60197.6103. (lease allow 7.10 days fur delivery N your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the Mephone, and you can set up automatic payments. Call us at 1.800.347.2683. You will lit need this statement and your bank account Information. You must ensure that sufficient funds ore available in your bank account, and ail transactions must :comphy with U. S. I- You will be asked o provide the first 5 dfgfn ol yaw account starsmenl ZIP coda. By entering those numbers as your eechonk signotvre, you will he agreeing o this outhorlmtion fa allow us and your It b deduct each pa ment you audnorim from your bank account, and ro initiots idebtt « crad8 sntriea ta your bank account, os ataplicaba, b correct an emir in the pracsising of such P. mart. You must leH us the amount ol each payment ?a you can select an amount such as flts Minimum Payment Due a dha Nsw Bolaacs on each statement. You can cancel a payment; however we must receive notice ot leas) three business days in advonea ur of the schedued payment. You may notify us by phone al 1.800347-2683 or by mail of the addreu listed in the Ipeevious pwograph. B yo payments vary in amount, we will tell you on each monthly statement when your payment wiB he mode and how much if wtll he. YYaw aubma, payment amour: may be less Ilan indiwlsd on IFe monthly statement bused on credits a payments applied during Ih. billing cycle. ;Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults an your Account moy be reflected in your credit report. We normally report she status and payment history of yyaouur Account to credit reportirha agencies each month. If yyou ,believe that our report is inaccurate or incompele, Plea u write us of the following address: Discowq PO Box 15316, Wilmington, DE 1 985053 1 6. Please indicate, your name, addrea, home telephone number and Account number. Paying Inherent: We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing sMe 1, -unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that 'transaction from the first day of the Ming period in which it is posted to your Account. We continue to impose Interest Charges unit the dote you pay your ?enfire New Balance shown on your billing statement by making payments or receiving credits. If you paid the New Balance on your previous billing statement iby the payment Due Dole shown on that billing statement, "will not impose Interest Charges on new purchases, that is, purchases first a ring on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement. We call this the 'grace period. If :is not ass than 25 days. There is no grace period on balance transfers or cash advances. As more fully described in the section of Yyoouurr Cordmember :Agreement titled 'How We Apply Payments, 'ors generally apply payments to your Account based on the APR applicable to the balance of each transaction ;category This means that il you do not pay the New Balance on this current bit lung satement by the Payment Due Date shown on that biting statement, then, '.depending an the amount of your payment and the APRs on other balances, you may not get o grace period on new purchases. :Minimum Interest Charge. We will charge you a minimum Interest Charge of $.50 fa any billing period in which Interest Charges of lest than $.50 would otherwise be imposed. Annual Fee. If your Account has an annual fee, if will be billed at the beginning of each anniversary year your Account is open. The amount of the fee ;appears on Ike statement when the fee is billed. The annual Fee is not refundable unless you notify us that you wish to case your Account within 30 days of the 'mailing or delivery date of" statement on which the fee is billed. You will receive this refund even if you use your Card during that period. Is Wale Interest Charges Daily Balance Method (including current transoctiore): We Figure Interest Charges fur each billing ? o s: We calculate your interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "doily, balance' fa each transaction category. Toga the daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance. then subtract any credits and payments and make other adjustments (including those adjustments required in the section Hied Varying Intemst'l. In calculating the daily balance for the first day of the tilling period, we consider the 'previous days daily balance" to have been your balance on the lost day of your previous billing period. This gives us the daily balance for each transaction category. • We figure the interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. i The total Interest Charges For the billing period we the sum of the daily interest Charges For each transaction cor gory for each day during that billing period. Continued on reverse side. DISCOVER When we calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees charged to your Account are added to the standard purchase transaction category wish the exception of Cash Advance Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Foroign Currersey fees 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penally APRs: Each lime you fail to make a payment when due, we may, in accordance with applicable low, (i( terminate the availobility of any introductory/promotional APRs on new transactions, and (ii) increase your APRs for new transactions to variable Penalty APRs which will be determined by adding up to an additional 5 percentage paints to the otherwise applicable APR. Your Penalty APR is determined based on your creditworthiness and other factors such as your current APRs, and your account history. If your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TOO (Telecommunications Device for the Decf( assistance, please call 1-800.347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover(II) cord is issued by Discover Bonk, Member FDIC O 1 TBK 172 U) v m z m a 0 0 0 0 V N W N O v 8967641 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 SzcUZiel. Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC servicing agent for Discover Bank, (Company) 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. W WR# 8967641 Jonathan F. Miller 6011009228745324 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 MAR 30 AM 9= 18 CUMBERLAND COUNTY PENNSYLVANIA FILED-OFFICE CIF THE PROTHONOTARY Discover Bank Case Number vs. 2011-3120 Jonathan F. Miller SHERIFF'S RETURN OF SERVICE 03/25/2011 07:40 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1940 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jonathan F. Miller, by making known unto himself personally, at 236 S. West Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 March 28, 2011 TSHALL, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF DISCOVER BANK Plaintiff vs. JONATHAN F MI L:ER TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS _ CUMBERLAND COUNTY, PENNSYLVANIA -`% CIVIL DIVISION M Civil Action No. 11-3120 CIO PRAECIPE FOR DEFAULT JUDGMENT e1 1o Kindly enter Judgment against the Defendant JONATHAN F MILLER above named, in the default of an Answer, in the amount of $5336.91 computed as follows: Amount claimed in Complaint $4972.05 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $4972.05 from January 05, 2011 to May 09, 2011 @ the interest rate of 14.240% per annum $239.86 Attorney's fees $125.00 TOTAL $5336.91 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 08967641/G A Pit DFO Plaintiff's address is: i c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,;f 436 Seventh Avenue, Suite 1400 Pittsburgh; A 15219 And that the last known address of the D' endant is JONATHAN F MILLER 236 S WEST ST CARLISLE, PA 17013 Q/h/ ON q J? 0t& 5/?5?6 y N0 h c ykla4le3/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 11-3120 CIVIL VS. JONATHAN F MILLER Defendant IMPORTANT NOTICE TO: JONATHAN F MILLER 236 S WEST ST CARLISLE, PA 17013 i Date of Notice: 4 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 (717) 249-3186 WELTMAN, WEINBERG & REIS CO., L.P.A. Uy: ?-- - -----_. _ . 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 (412) 338-7130 8967641 A PIT H4N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Vs. Civil Action No. 11-3120 CIVIL JONATHAN F MILLER 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 , JONATHAN F MILLER 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: JONATHAN F MILLER 236 S WEST ST CARLISLE, PA 17013 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 10 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 May-09-2011 12:00:49 -K Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency JONATHAN Based on the information you have furnished, the DMDC does not possess MILLER F 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). ow? lot A?Orj.,- 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.defensel.ink.mil/fag/pis/P('09SLDR.htmi. 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 5/9/2011 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:1 SIU7HVTI V https://www.dmdc.osd.mil/appj/scra/popreport.do 5/9/2011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3120 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JONATHAN F. MILLER, 1711 Spring Road, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ORRSTOWN BANK, 77 E. KING STREET, SHIPPENSBURG, PA 17257 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 $5,336.91 L.L. $.50 Interest $274.54 Atty's Comm % Due Prothy $2.00 Atty Paid $167.00 Other Costs: Plaintiff Paid Date: 7/25/11 Davi . Bue othonotary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCLAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 it IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. I 1-3120 CIVIL r-n JONATHAN F MILLER Defendant(s) ,Cp -v ca- ° ORRSTOWN BANK G MEMBERS I ST FCU ...t Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... l . directed to the Sheriff of CUMBERLAND County: 2. against JONATHAN F MILLER , Defendant 3. against ORRSTOWN BANK, MEMBERS 1 ST FCU,, Garnishee 4. Judgment Amount $ $5,336.91 Less Payments/credits received $ $0.00 Interest $ $274.54 Costs $ SUBTOTAL: S $5,611.45 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: 9d, / William T. Molcz , Esquire PA I.D. #47437 ?y WELTMAN, WEINBERG & REIS CO., L.P.A. Q,?- oM. ?d a 1400 Koppers Building 00 C?F 436 Seventh Avenue Pittsburgh, PA 15219 q(' 00 ,t it (412) 434-7955 I ?/. OD " ?l j2d V- vtr ?. SO L?- ?k a? aa$a WWR No. 8967641 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN F MILLER Defendant(s) ORRSTOWN BANK MEMBERS I ST FCU Garnishee(s) No. 11-3120 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire 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. 8967641 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-3120 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JOHNATHAN F. MILLER, 236 SOUTH WEST STREET, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell any real and personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ORRSTOWN BANK, 77 E. KING STREET, SHIPPENSBURG, PA 17257 MEMBERS 1sT FCU, 1711 SPRING ROAD, CARLISLE, PA 17013 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 $5,336.91 L.L. $.50 Interest $274.54 Atty's Comm ova Due Prothy $2.00 Arty Paid $167.00 Other Costs: Plaintiff Paid Date: 7/25/11 David D. Buell, Prothonotary (Seal) B Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address; WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 I P, , I Ir^ 2011 Ua - i h 10: ?, "BERLAND COUNT', PENNSYLVANIA RECEIM JUL 29 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3120 CIVIL JONATHAN F MILLER!, Defendant(s) INTERROGATORIES IN ATTACHMENT ORRSTOWN BANK MEMBERS I ST FCU Garnishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire 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. 8967641 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3120 CIVIL JONATHAN F MILLER Defendant(s) ORRSTOWN BANK MEMBERS 1 ST FCU Garnishee(s) TO: ORRSTOWN BANK, 77 E KING ST, SHIPPENSBURG, PA 17257 MEMBERS I S" FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: JONATHAN F MILLER, 236 S WEST ST, CARLISLE, PA 17013 Suggested Reference No.: XXX-XX-4157 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are ?equired 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, ?he 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 thein 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 W it or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the], intervening period. WWR No. 8967641 INTERROGATORIES IN ATTACHMENT 1. At the t?me 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)? no I a. If the answer to Interrogatory l 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 ;land 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. n Icy. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and lone or more other persons any property of any nature owned solely or in part by the defendant. n 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? n 4. At the ti e you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had ?n interest? 5. At any t me before or after you were served, did the defendant transfer or deliver any property to you or to any person or p ace pursuant to your directions or consent and if so what was the consideration thereof? n? 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? ^ nn 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 t Pose funds on a recurring basis. 1 WWR No. 8967641 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 an?wer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this in titution. r'1 IC 10. If the an wer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking savingsaccount, certi f icate of deposit, or other funds were frozen, restricted, or otherwi institution. se put on hold by this 1 I . If the res nse to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited lectronically on a recurring basis and which are identified as being funds that upon deposit are exempt from executi n, levy or attachment under Pennsylvania or federal law? 12. If the res"onse to Interrogatory deposit in the account. No r'?co???t 1 1 is in the affirmative, state the amount of non-exempt funds on n I C?_ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, 1Xire 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. 8967641 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 Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (T tle) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNAT E) ??-Or F i?t ROTHONOTAWi NFLTMAN, WFINBERG & REIS CO., L.P.A. BY: Matthew D Urban, Esquire Attorney for Plaintiff(s) MjG 22 AM I I I.D. No.90063 436 Seventh Av nue, Suite 1400 C JMBERLAND COUNTY Pittsburgh, PA 15219 PENNSYLVANIA Phone: 412.434."7955 Fax: 412.43-'.7959 File # 8967641 DISCOVER BANK vs. JONATH. N F MILLER an d 1AEMBERS i S i' FCU, ORRSTOWN BANK Gals-ishe. (s) Cumberland County Court of Common Pleas NO. 11-3120 CIVIL PkAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1 ST FCU, ORRSTOWN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D Urban, Esquire Attorney for Plaintiff Sworn to Ladd subscribed Pefore me Th; l 7 day August, 2011 4 O' RYF„ 1 COMMONWEALTH OF PENN YOJANJA Notarial Seal Wayne A. Jcres, Notary Public City of Pittsburgh, Alit 9heny County My Commission cxPires lTe 21, 2,114 M2rsiber. Pennsvlvania Association of Notaries ar4 S.? pdtt.4 Ct CIG.I? 1061 ? ?'- e?3sas i=.._ED? WELTMAN, WF.INBERG & REIS CO., L.P.A. BY: Sarah 1:. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh A,, Gnue, Suite 1400 Pittsburgh PA 15219 Phone: 412 434,7955 Fax: 412.43,,..7951.1 File # 896 X641 '1011 017 -6 AM 11: 48 "aMBERLANO COUNTY PENNSYLVANIA DISCOVER BANK Plaintiff vs. CUMBERLAND County Court of Common Pleas NO. 11-3120 CIVIL JONATHAIN F 1.4ILLER Defendar.!(s) PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PIZGTW NOTARY: Please kira;y Satisfy the Judgment of the above-captioned matter upon the records of the Lour! and mirk the cost paid. WELTMAN, WEINBFRG & REIS CO., I..P V, )f., ??-14 By__ _ Sarah E. Ehasz, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the days w,-)VARY Pi;AlorftC COMMONWEALTH OF PENN) LU,UNIA Notarial Seal Wayne A. ]ones, Notary PublIc Clty of Pittsburgh, Allegheny County My Commission Expires June L 2014 Say'?n113E+C. PPr'nc _! YIv ??Sa Assedi§ocn Jf G,W, q &'. cb p1 a (1? +?I'D 5(a aq