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Home My WebLink About11-4186 W. A ??0 COUP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION L,ISCOVER BANK Plaintiff No. t g C t ? VS. COMPLAINT IN CIVIL ACTION J )ANN EVANS Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#8620284 Ra oo Pd any a? SlZ33Uy I 0, 9s 9L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JOANN EVANS Defendant(s) Civil Action No. COMPLAINT IN CIVIL ACTION 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 ON AGENICES 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 OnAADT A TATT 1. Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are adult individual(s) residing at the address listed below: JOANN EVANS 721 15TH ST NEW CUMBERLAND, PA 17070 3. Defendant(s) applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0465. 4. Defendant(s) made use of said credit card and has currently a balance due of $9756.63, as of AUGUST 4, 2010. 5. Defendant(s) is/are 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 17.24% per annum on the unpaid balance from AUGUST 4, 2010. A true and correct 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(s) 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(s) has/have willfully failed and/or refused to pay the balance due to Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant(s), JOANN EVANS individually, in the amount of $9756.63 with continuing interest thereon at the rate of 17.24% per annum from AUGUST 4, 2010 plus attorneys' fees $125.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire PA I.D. #42 2 WELTMA , EINBERG & REIS CO., L.P.A. 1400 Kop ers uilding 436 Sev th venue Pittsbur h, A 15219 (412) 4 -7955 WWR#:8620284 New alance Minimum Payment Dus Account Number ending in 0465 DISCOVER $0.0(B $1,667.00 Enter Amount Enclosed Below, t a ate ? August ugust 26, 2010 I 30 SDSN6A010007079 RICHARD EVANS JOANN EVANS 4 BROSS DR EAST BERLIN PA 17316-8906 Go paperless and make your account information more secure with password- pprrotected atatemerrts arty you can access. Learn more at discovercomlpaperless. PO BOX 6103 lllr,rllrnrrllrllrulurll CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? hill tllr,r,r,lllrlttlnrltlln tell lilt nlrllrllrttrrllr,11111 Go to www.Discovercom or print change in space above. 000001986458872595943000000000000000166700 "ning uate: July 19, 2010 - Goring Da ; July 30, Discover More Card Account Summary Account number ending in 0465 Previous Balance $9,75663 Payments And Credits 9,756.63 Purchases + 000 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 000 Fees Charged + 0.00 Nw But nce X0bb See Interest Charge Calculation section following transachons for detailed APR information Credit Line $8,800.00 Credit Line Available $0.00 Cash Advance Credit Line $4,400.00 Cash Advance Credit Line Available $0.00 Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Coshbock Bonus This Period + 0,00 Coshbaek Bonus Bdarnee S 0.00 To learn more, log in a) www.01scover,com 2010 Payment Information New Balance $0.00 Minimum Payment Due $1,667.00 Payment Due Date August 26, 2010 Lute Poyn orit Warning: If we do not receive your minimum payment by the date listed above, you may hove b pay a kilo fee of up to $39.00. Manage Your Account Online at www.Discavor.com • Securely access statements and it** online tools, pay bills online and track and view all tronsactions simply and easily • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEW I Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at www.Discovw.com 2. Call 1-800-DSCOVER (1.800.347-2683) Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Sob Lake City, UT 84130 For TDD (Telecommunications Device For the Deal) assistance, please call 1-800.347-7449. ransactions Trans, Post DO% Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $ .9,756.63 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL NTEREST FOR THIS PERIOD $ 0.00 LV IV 101015 Tear-to-Date TOTAL FEES CHARGED IN 2010 TOTAL INTEREST CHARGED IN 2010 273.00 914.24 k hens Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Bit' period: 12 ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE Purchases ? days ?? (?) R?REtEST RATE 17.24% V $0 $0 Cash Advances 29.99% V $0 $0 V = Variable Rate -nounar tmpertom erorn ahm Important Information. I Aire Is more than one page to this billing stalement, see the back of each page for additional important information Continued on reverse side. DISCOVER See your Cordmember Agnsemend. Your Cordmember Agreement conlams all the terms of your Account Lost of stolencards. Repo"tmmadtalelyl Call 1-BQO-347.2683. Vilest To Do if you Thlnit You Missal A Mistake On Your Statement t you think there is an error on your statement, write to us at Discover PO BOA 30421, Sall Lake City, UT 84 1 3 0-042 1 In your letter, give us the following information Account information. Your name and account number • Dollar amours/: The dollar amount of the suspected error Description of Problem: t you think share is on or ror ors your bill, describe what you believe is wrong and why you believe is is a mistake You must contact us within 60 days after the error appeared on your datemmt You must nsstfy us of any potential errors in writing. You may call us but if you do we ore not required to investigate any potential errors and you may have to pay the amount in question While we investigate whether or not there has been or. error, Ilse following are hue We cannot try to collect the amount in question, or rei,ort you as delinquent on that amount 'he charge in question may remain on your statement. acu we may continue to charge you interest on that amount But, d we determine that we mode a mistake, you will not have to pay the amount in question nr uoy;nteest or other Fees related to that amount While you do net have 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 Year ft its M You Are DhsaNsRed With Your Credit Card Purchases t you are dissatisfied with tie goods of services that yov how purchased with your credit card, and you have hied in good faith to correct the problem wish the merchant, you may have the right not k• pay the rear s;.mg amount due on the purchase To use this right, all of the following must be true 1 The purchase must have been made in your home state or within 100 miles of your current marling address, and the purchase price must haw been mote than $50 (Note: Neither of these ore necessary if your purchase was based on an advertisement we mailed to you , or if we own the company tot sold you the goods a services ) 2 You must have used your creditca•d for the purchase Purchases made with cash advances from an ATM or with a check that accesses your credit card cccount do not qualify 3 You must not yet have fully paid for me purchase if ail of the criteria above are met and you are still dissatisfied with the purc how, contact us in writing at Discover, PO Box 30945, W Salt take City, UT 841300945 While we investigate, the same rules apply to the deputed amount os discussed above After we finish our investigation, we will loll you our Z decision. At that point, t vw think you owe an amount and you do not pay we may report you as delinquent ?i Payments. Send only your payment and the top passion of this statement in the envelope provided Do not send cash By sending your cheek as described i al institution indicated on your above, you outorize us to use hnformahon on your check to make an electronic fund transfer From your account at the Financ rocess the po etas a check transaction IF payment is processed as on electronic fund transfer, the transfer will be for the amount*( the check check or to g p When vw use information ham your check to make an electronic fund rrnsfer, kinds may be withdrawn from your account as soon as she some day we receive vo your payment, and you will not receive your check bock Win you, financial institution The processing of your pay~t may be delayed R you send cash, correspondence or other items wish your payment( if you send tie payment to any other will 5PM twat lime on an da cibl b f f d P i d i y y y y our fsnx:esung o ve n proper orm o ayments rece oddreu or if you use an envelope other than the one provide r 5PM local lime will be credited to your Account as of the next r ssin locilit f t d P f t d y our p oce g aymen s rxewo o at ay be credited loyour Account as o send your payment to Discover, PO box 61103, Carol Sitcom, It 601976103 Please allow 7-10 days for delivery our envelo e aced ou have mis t d p , p y y ay If your payment is returned unpaid, we reserm the right to resubmit it as on electronic deb it You can pay your mimmum payment or a greater amount over 'he telephone, and you can sN up outamaf•c payments Call us at 1-800.347.2683 You will need this stownent and your bank account information Yet, must enwre shut sufficient funds are available in your bank account, and all transactions must ct i b o l B te i t f ZIP d ats nvm ers s your e ron c y en r ng e your account statement e co will be asked to provide the First 5 digits, o comply with U k account, and b iniltale ou aulhonis From your ban signotisrs, you ing to tin aulhoriwhon to olbw us and your bank to deduct each pa' ment y racessing of such payment You must tell us the amount of each payment b ca?ecl an error m the llcabla t a b k p pp , accoun , os ur an nt such as the Minimum Payment Due or the New Bolunce on each stalernent Yov can cancel o payment; howwer vas must receve imsZOEMEM u days In odwnca of the scheduled payment You muy shotily us by phone at 1.800347.2683 or by mat at ins address ksad In the r paymenD vary m amount, we will pelf you on each nhanthly sbbrnem when your payment will bs mode and how much it will bs ount troy M less than Incltcated on ilia monlhhy statement based on creditor or payments applwd during t» billing cycle Credit RepoAing. We may report Information about your Account to credit bureaus late payments, missed payments, or other defauK on your Account troy be reflected in your credit report We normally report she status and payment history of your Account to credit reporhna agencies sock month If yyou DE 198505316 fMease PO Box 15316 Wilmin ton Di cover i n t t fol dd k l g , , , low ng a ress s he le, p ease wi e us a believe tat our report is inaccurate or Incomp indicate your name, address, home telephone number and Acccurl numtm Paying Interest: We begin to impose Interest Charges nn all tranacsons nun the Transaction Date lot t,e transaction shown on your bhlltng statement, h pot! os Jrarssoet. is xsled so your Account oiler the close of the billing period tin which it occurs, in which case we begin to impose mtera" elarges on r our Inter es until the dale ou a t st Char W ti h d A o k y p y y nue o imp se e g ccount e con d is poste to your ,c transaction from" first day of the billing period in w entire New Balance shown on your billing statement by making payments or receiving crsdih II you paid the New Balance on your previous biting statement by the Payment Due Date shown on that boiling statement, we will not impose Interest Chorgils on new purchases that is, purchases first appearing on the ll thi eriod ' it t biti t t t W th race D b D h p ng s emen e ca s e g ale on your curren a ue y t e Poymens current telling statement, or any portion of a rhea purchase, paid is not loss than 25 days There is no grace perad on haloacu honsfers or cuss: ud.onces As more fully described into section of your Corelmember a the balance of each transaction i APR li bl d Ih A tb l l " app co ase on e y (sayments ccoun e y app o /c, f How We Apply Payments; we general Agreement rated category This means that d you de not pay the New Balance on rise current billvin statement by the Payment Due Fate shown on that billing statement, than, depending on the an:cunt of your payment and the APRs art other balances, you may not get a grace period on new purchases Minimum Interest Charge. We will charge you a mints :urn interest Charge cif $ 50 for any billing period in which Interest Charges of less than $ 50 would otherwise be imposed Annual Fees. If your Account has an annual fee, it will be bLled at the he inning of each anniversaryry year your Account its open The amount of the fee s of the nt within 30 da i h t A bl f th l l l f f d l y you w ose your ccou y us a s o c ee , nor re un e un ess you noti a appears on the stalement when the fee its billed The antra moiling or delivery dab of the statement on which the fee I-, billed scu will receive this refund even if you use your Card during that period How We Calculate Interest Charges - Daily Balance ?Aothad (Including current fronsedions): We figure Interest Charges lot each billing period To do this We calculate your interest Charges sepawkly for each bulunce subject to different terms (tor example, standard purchases, standard cash advances and each purchase, balance transfer end co,h advance balance sublect to promotional terms) We refer to these balances as transaction categories We figure he "daily bolonce' For each transaction trim9ory to ggetl the "daily balance' we take The beginning balance for each day, add any d d d ' payments an s daily balance We then subtract any cre its an new hansoctions and fees and any Interest Charges accrued on the previous day ' s daily balance" to make other adjustments In calculating the dolly bulancu fa Ins first day of the billing period we consider the "previous day have been your balance on the lost day of your previous bating period This gives us she daily balance for each transaction category We figure the ;nterest Charges on your Account by mulkiplymg the drrf, balance for each transaction category by its daily periodic rate, for each day in the billing period The total Interest Charges for the billing period ore !ho sum a! the dnily Interest Charges for c. ch Inansaction category for each day during that billing period When we calculate daily balances, we add a new transaction as of the Tranwctior Date shown on our billing statement, unless she transaction a posted to il b f t fi t d f t th ti ill b dd d t t d l hi h h h l y a ance as o he rs o on w e a o he a ay o case e transac e ling period in w ic it occurs, in w c your Account offer the close of the bi with the urchase transaction cate or r added to the standard d t A ount A t All s ch h i i d d h lt p g y arge o your cc a e f s poste to your ccoun ees ing perio ic ti in w excepBon of Cash Advance Fees which are added to the applicable cash advnt,ce transaction category and Balance Transfer Fees which am added to the applicable balance transfer transaction category FudIbMmmunirntions Device for the Deal) assbtance, please call 1-800-347-7449. Discover may monitor and/or record telephone cells between you and D:scovei representatives for quality assurance purposes The Discovesm card s issued by Discover Bank, Member FDIC 0 1 TBK 171 i Apr, 7, 2011 3: 44PM No, 0591 P. 18 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 P.A..C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczvgiei. 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. LAI* (tel. f r (Signature) Ujo WWII#8620284 JOANN EVANS 6011002781520465 DISCOVER BANK Plaintiff vs. JOANN EVANS TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILEO-OFFICE OF THE PROTHONOTAR`i 2011 JUL -8 PM 3: 39 CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 11-4186 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant JOANN EVANS above named, in the default of an Answer, in the amount of $11357.47 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principal $9756.63 from August 04, 2010 to @ the interest rate of 17.2400 Attorney's fees TOTAL $9756.63 $0.00 balance of June 21, 2011 Der annum $1475.84 $125.00 $11357.47 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: A= ,-- James C. W#krmbrodt,4252 08620284 C Pit SJS 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 Defendant is JOANN EVANS 721 15TH ST NEW CUMBERLAND, PA 17070 CSC/ cled say-710 1VAL'e- .l?L=c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOANN EVANS Defendant Case No. 11-4186 CIVIL IMPORTANT NOTICE TO: JOANN EVANS 721 15TH ST NEW CUMBERLAND, PA 1447070 Date of Notice: t 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. BY: / U"-A-1- ..T-- - 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 (412) 338-7130 8620284 A PIT 1341 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-4186 CIVIL NON-MILITARY AFFIDAVIT JOANN EVANS 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 , JOANN EVANS 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: JOANN EVANS 721 15TH ST NEW CUMBERLAND, PA 17070 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 11:02:21 .;. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency EVANS JOANN 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). rte r?. ,?.«?,-c?,- 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/faq/`vis/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 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:5DIKOL04MQ https://www.dmdc.osd.mil/appj/scra/popreport.do 6/24/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff ''S. Civil Action No. 11-4186 CIVIL JOANN EVANS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fo lowing Order of Judgment was entered against you on 8 !7/ - (xx) Assumpsit Judgment in the amount of $11357.47 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 Prothonotary y B: Awar • PROTHONOTARY OR DEPUTY JOANN EVANS 721 15TH ST NEW CUMBERLAND,, PA 17070 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 AOWAft WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4186 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JOANN EVANS, 721 15th Street, New Cumberland, PA 17070 (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: SUSQUEHANNA BANK, 1196 Walnut Bottom Rd, 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 $11,357.47 Interest -- $464.88 Atty's Comm % Atty Paid $182.50 Plaintiff Paid Gate: 3/22/12 L.L. $.50 Due Prothy $2.25 Other Costs (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney fir: PLAINTIFF Telephone: 412-434-7955 Deputy Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOANN EVANS Defendant(s) SUSQUEHANNA. BANK Garnishee(s) No. 11-4186 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. 8620284 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOANN EVANS, '?AI 15`x' St, NC Defendant(s) A 1'7617 0 Civil Action No. 11-4186 CIVIL r? rrj N v , r, SUSQUEHANNA BANK _ 11910 Ct)Djwt 80 +fm P.cI Oz rlL-k PA 17013 Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against JOANN EVANS , Defendant 3. against SUSQUEHANNA BANK... Garnishee 4. Judgment Amount $ Less Payments/credits received $ Interest $ Costs $ SUBTOTAL: $ Costs (to be added by Prothonotary): $ c. $11,357.47 $0.00 $464.88 $11,822.35 WELTMAN, WEINBERG & REIS CO., L.P.A. G) By: o1Q.co Po A71`/ William T. Molczan, Esqu' 9S. oo C9F PA I.D. #47437 a u ,? WELTMAN, WEINB G & REIS CO., L.P.A. y , o O « 1400 Koppers Building •? 436 Seventh Avenue -?1 Pittsburgh, PA 15219 (412) 434-7955 Lit 1003440 e.11090 WWR No. 8620284 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ? M A, 9 A M 10: 5; ?' ? . Richard W Stewart Solicitor . JMD P- R L A i '; ` PENNSYLVANIA Discover Bank Case Number vs. Joanne Evans 2011-4186 SHERIFF'S RETURN OF SERVICE 03/28/2012 12:50 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1248 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joanne Evans, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Tami McKee, Financial Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 29, 2012 to Joann Evans at 721 15th Street, New Cumberland, PA 17070. SO ANSWERS, March 29, 2012 RON R ANDERSON, SHERIFF illiam Cline, Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOANN EVANS Defendant(s) SUSQUEHANNA BANK Garnishee(s) Civil Action No. 11-4186 CIVIL ry r; C- 3- TO: TO: SUSQUEHANNA BANK, 1196 WALNUT BOTTON RD, CARLISLE, PA 17013 RE: JOANN EVANS, 72115TH ST, NEW CUMBERLAND, PA 17070 Suggested Reference No.: XXX-XX-6483 XXX-xx- J/1„?r , /D?? 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. WWR No. 8620284 ANSWERS TO INTERROGATORIES IN ATTACHMENT 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)? No. Ia. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you woe 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/A 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. No. 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 in which defendant held or claimed any interest? No. 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? No. 5. At any time before or after you were served, did the defendant transfer or delivery any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? No. 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? No. 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. No. 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 Pa.C.S. § 8123? If so, identify each account. No. 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. N/A 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted or otherwise put on hold by this institution. N/A 11. 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?. N/A 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N/A VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: April 2, 2012 tli . ?? Catherine M. Bush, Assistant Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 t SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson 7ff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank Case Number vs. Joanne Evans 2011-4186 SHERIFF'S RETURN OF SERVICE 03/28/2012 12:50 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1248 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joanne Evans, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Tami McKee, Financial Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 29, 2012 to Joann Evans at 721 15th Street, New Cumberland, PA 17070. 04/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $88.38 SO ANSWERS, April 18, 2012 RON R ANDERSON, SHERIFF h TV 1-?w "4'? rn rM :0Q C p ? V co) a twE 451U VC - 4 a,7 6 C4 86q31 E* a OLIO 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 # 8620284 Attorney for Plaifl"p,.R' 23 PM 1: 1, 11U k1BERLAND CGUNT`I' PENNSYLVANIA DISCOVER BANK vs. JOANN EVANS and SUSQUEHANNA BANK Garnishee(s) Cumberland County Court of Common Pleas NO. 11-4186 CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), SUSQUEHANNA BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By I hereby certify that the foregoing is a true and correct This statement is made subject to the penalties of 18 Pa.C. Jam Warmbrodt, Esquire Attey for Plaintiff n t the above case. 9 relating to unsworn falsifications to authorities. ,r, ,%9.50pd a C ?'W 1bgU1>L18 b y.O a -7u 1613