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Home My WebLink About11-4014r ?OTONOTAR°;. "k MBERLA' O COUNTY 6ENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 11. (-I01q C i V1, I vs. DOUG C SWENSON COMPLAINT IN CIVIL ACTION Defendant FTLED 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 09070152 C A Pit CXC ci? [.M s9a•00 4?d 0-141 Ck-# Sr5aico IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DOUG C SWENSON 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 ma-,.- 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: DOUG C SWENSON 58 GREENMONT DR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5778 . 4. Defendant made use of said credit card and has a current balance due of $7767.42 , as of March 03, 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 21.240. per annum on the unpaid balance from March 03, 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. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , DOUG C SWENSON INDIVIDUALLY , in the amount of $7767.42 with interest at the rate of 21.240% per annum from March 03, 2011 plus attorneys' fees of $125.00 , and costs. Jame. War ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 nth Avenue, Suite 1400 Pittgh, PA 15219 (4124-7955 FAX-14 2-338-7130 09072 C A Pit CXC This law firm is a debt collector attenVting to collect this debt for our client and any information obtained will be used for that purpose. ». New Balance Minimum Payment Due DISCOVER $0.00 $1,564.00 Pay_ment Due Dale March 23, 2011 28 SDSNSA01 0004744 DOUG SWENSON 58 GREENMONT DR ENOLA PA 17025-2643 Account Number ending in 5778 Enter Amount Enclosed Below $ 1 Go paperless and make your account information more secure with paseward- protected statements only you can access. Learn more at discover cornlpaperless. PO BOX 6103 111.61 11111111111 lill loll loll CAROL STREAM IL 60197-6103 Address, e-mail m ngh Irllrrll?rrrrrlllrlrrt?rrl?llr??rrllll???rrll?ll??rr?ll??l?rll EVUjBff Go to www.Discovw.com or or print change in span above. 000001986456769565177000000000000000156400 Opening Date: February 24, 2011 - Closing Dal@: Fel Discover Moro Card Account Summary Account number ending in 5778 Previous Balance $7,767.42 Payments And Credits 7,767.42 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Few Charged + 0.00 Interest Charged + 0.00 Now Balance .00 See Interest Charge Calculation section 611a wing transactions for detailed APR information Credit Line $7,200.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 Kuary 28, 2011 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $1,564.00 Payment Due Dale March 23, 2011 Lob Paymernt Warning: It we do not receive your minimum payment by the date listed above, you may have to pay a kste fee of up to $35.00 and yaw purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 26.24% variable. Manage Your Account Online at www.Disww.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moroSM -find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone 3 Easy Ways In Contact Us Cas C Bowe Month I Access your account securely at www.Disceva an Anniversary 2. Call 1-800-0ISCOVER (1.800347.2683) November Please have your Diaeovvre card available Opening Cashbock Bonus Balance S 0.00 3. Write to us at Discover PO Box 30943, New Cashbock Bonus This Period + 000 Safe Lake City, UT 84130 (Not a payment address) For payments, pleaso send to address on remittance or Cashbadk Bohan Ralahee $ 0.00 Discover, PO Box 6103, Card Stream, IL 60197.6103 To barn more, log in co www.Discaver.com For TDD (Telecommunications Device for the DeaQ assistance, please call 1.804347-7449. transactions Tf°b PDab Da aoynsenk rind Credits Feb 28 F.1628 INTERNAL CHARGE OFF $ •7,767.42 F«s TOTAL FEES FOR THIS PERIOD $ 0.00 brit asf Charged -- TOTALMnEREST FOR THIS PERIOD 0.00- 2011 Totals Year-to-Date 9070152 TOTAL FEES CHARGED IN 2011 $ 70.00 TOTAL INTEREST CHARGED IN 2011 141.09 OTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ??' 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/paperkss 02010 Ditoover Bonk, Member FDIC PAPER.0310 O y Z of D o_ 0 0 V A A N X 9070152 Questions? Visit www.Discover.com or call 1-800-DISCOVER (1-800.347-2683. DISCOVER 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, 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. WWR# 9070152 Doug C. Swenson 6011000116955778 ,4 DISCOVER BANK Plaintiff vs. DOUG C SWENSON TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No FILED-OFFICE F THE PROTHONOTARY 2011 JUL -8 PM 3: 40 CUMBERLAND COUNTY PENNSYLVANIA 11-4014 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant DOUG C SWENSON above named, in the default of an Answer, in the amount of $8384.17 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $7767.42 from March 03, 2011 to @ the interest rate of 21.2400 Attorney's fees TOTAL $7767.42 $0.00 1 balance of June 20, 2011 per annum $491.75 $125.00 $8384.17 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. t, 42524 0907015$ C h Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.AYfendant 436 Seventh Avenue, Suite 1400 PittsburA 15219 And that the last known address of the is DOUG C SWENSON 58 GREENMONT DR ENOLA, PA 17025 cx4 ssz(m9 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs DOUG C SWENSON Defendant Case No. 11-4014 CIVIL IMPORTANT NOTICE TO: DOUG C SWENSON 58 GREENMONT DR ENOLA, PA 17025 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. 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) 249-3166 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 9070152 A PIT BS4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4014 CIVIL DOUG C SWENSON 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 , DOUG C SWENSON 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: DOUG C SWENSON 58 GREENMONT DR ENOLA, PA 17025 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 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-24-2011 11:03:38 mc.' Last First/Middle Begin Date Active Duty Status Active Duty End Date Service enc A Name g y Based on the information you have furnished, the DMDC does not possess any SWENSON DOUG 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). oil )ut Irt t4, 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/fN/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. 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 https://www.dmdc.osd.mil/appj/scra/popreport.do 6/24/2011 Request for Military Status Page 2 of 2 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 :'?CRA 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:5PMQU4R3SR https://www.dmdc.osd.mil/a?,pj/scra/popreport.do 6/24/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DOUG C SWENSON Civil Action No. 11-4014 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the o lowing Order of Judgment was entered against you on -? (xx) Assumpsit Judgment in the amount of $8384.17 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 Aw d Prothonotary By: PROTHONOTARY OR DEPUTY DOUG C SWENSON 58 GREENMONT DR ENOLA, PA 17025 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 11-4014 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From DOUG C. SWENSON, 58 GREENMONT DRIVE, ENOLA, PA 17025 (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: PSECU, I CREDIT UNION PL, HARRISBURG, PA 17110 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any, debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,200.17 L.L.$.50 Interest $276.01 Atty's Comm % Due Prothy $2.25 Atty Paid $180.50 Other Costs Plaintiff Paid Date: 3/8/2012 David D. Buell, Prothonotary (Seal) .44?4 - -I 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 it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4014-CIVIL ? -S nl11'?r 0t4 F G . YPcn DOUG C SWENSON 5 Defendant 1 C PSECU, Garnishee PRAECIPE TO INDEX WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX r''= TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... -? C3 1. directed to the Sheriff of DAUPHIN County: o =_- -; ? 2. against DOUG C SWENSON, Defendant s == 3. against PSECU, Garnishee yB ° M 4. and enter this writ in the judgment index (a.) against DOUG C SWENSON, defendant, and (b) against PSECU, as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: Any and/or all personal property belonging to the defendant(s) in possession of the garnishee(s). 5. Judgment Amount Less payments of Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 5 3.00 %P-- CO l' " lt{.00 t?? sp a "--- $ 8384.17 $ 2184.00 $ 276.01 $ 6476.18 WELTMAN, W INBERG & REIS CO., L.P.A. By: William T Molczan, E uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 , sbc po /0 P?0?r)a lsa [Y 61 C? (1?1 '-09-J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DOUG C SWENSON Defendant PSECU, Garnishee, No. 11-4012-CIVIL PRAECIPE FOR WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX (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 152 WWR#0907054'2: WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9070152 Attorney for Plaintiffs ? _ 9 U 3 ;.i i3ERLAND COUNTY PENNSYLVANIA DISCOVER BANK VS. DOUG C SWENSON and PSECU Garnishee(s) Cumberland County Court of Common Pleas NO. 11-4014 CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), PSECU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James Attoru armbrodt, Esquire r Plaintiff I hereby certify that the foregoing is a true and correct This statement is made subject to the penalties of 18 Pa.C.S. above case. to unsworn falsifications to authorities. C?- ° / ?fig