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HomeMy WebLinkAbout11-5407Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF THE ED-OFF ?ye of 4t3t+Irry?? p, , 2011 JUL 12 AM 8 4 4 4FF F ' : Tr- _ RI=F i"U BERLAND CouN 1 ,G ENNSYLMNIA Discover Bank vs. Daniel N. Harris Case Number 2011-5407 SHERIFF'S RETURN OF SERVICE 07/05/2011 04:03 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 5, 2011 at 1603 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daniel N. Harris, by making known unto Amy Martin, adult in charge at 26 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHAWN GUTSHALL, DEPUTY SHERIFF COST: $34.00 July 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (oi -1-1WTySsle ShenTF. Telea;ofl Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DANIEL N HARRIS TO THE PROTHONTARY: ?THIONO TArtY I;UMSERLANO COUNTY PENNSYLVANIA Civil Action No. 11-5407 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant DANIEL N HARRIS above named, in the default of an Answer, in the amount of $3544.85 computed as follows: Amount claimed in Complaint $3211.04 Less payments / adjustments made $0.00 Interest on the remaining principal balance from March 31, 2011 to August 16, 2011 the interest rate of 17.2401 per annum $208.81 Attorney's fees $125.00 TOTAL $3544.85 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.)Iarmbrodt,42524 0919672)7 C A Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A , 436 Seventh Avenue, Suite 1400 Pittsbu PA 15219 And that the last known address of th Defendant is DANIEL N HARRIS 26 REGENCY WOODS N CARLISLE, PA 17015 Qr,4 %14.b0F4 a 1 (! k-* i o08-5? 3l' p qoq? j\&u teed IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DANIEL N HARRIS Defendant Case No. 11-5407 CIVIL IMPORTANT NOTICE TO: DANIEL N HARRIS 26 REGENCY WOODS N CARLISLE, PA 17015 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 SF,T 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: -- 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 9196727 A PIT AJ4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-5407 CIVIL DANIEL N HARRIS 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 , DANIEL N HARRIS 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: DANIEL N HARRIS 26 REGENCY WOODS N CARLISLE, PA 17015 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 Aug-23-2011 07:29:01 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HARRIS DANIEL 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). 0 it 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 Fligibility 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/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 i4ormation about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again ac 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/appi/scra/popreport.do 8/23/2011 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 ar, erroneous certificate to be provided. Report ID:NKLMP803EH https://www.dmdc.osd.mil/appi/scra/popreport.do 8/23/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-5407 CIVIL DANIEL N HARRIS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following order of Judgment was entered against you on g 3( (? -T (xx) Assumpsit Judgment in the amount of $3544.85 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHONOTARY (O DANIEL N HARRIS 26 REGENCY WOODS N CARLISLE, PA 17015 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 11-5407 Civil CIVIL ACTION - LAW TO THE SHERIFF OF L-E B ANON COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK - 6500 New Albany Rd., New Albany, OH 43054 Plaintiff (s) From DANIEL N. HARRIS - 25 Regency Woods N., Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell any and/or all personal property belonging to the defendant(s) in possession of the garnishee(s) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: JONESTOWN BANK & TRUST CO., - 1725 Route 71 N., Lebanon, PA 17046 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 $3544.85 L.L.$.50 Interest $64.68 Atty's Comm % Due Prothy $2.25 Atty Paid $171.50 Other Costs Plaintiff Paid Date: 1/17/12 David D. Buell, Prothonotary (Seal) ?Ll1.i. p Deputy REQUESTING PARTY: Name William T. Molczan, Esquire Address: WELTMAN, WEINBERG & REI S 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 11-5407 CIVIL vs. PRAECIPE FOR WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX (BANK ATTACHMENT ONLY) DANIEL N HARRIS Defendant JONESTOWN BANK & TRUST CO, Garnishee, 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#9196727 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK - 65b0 AJ60W ?lban? Rd , ?P? '00/6any , og Plaintiff vs. Civil Action No. 11-5407 CIVIL c?S ?• ? ?l??S?? p'g 7?'? U ? o oo j l? DANIEL N HARRIS 25 ,? a je-nc Defendant 1 JONESTOWN BANK & TRUST CO, - /7;Z5 )POVd-&- 72 1U? IA.PnoO, A !7d V6 Garnishee PRAECIPE TO INDEX WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX TO THE PROTHONOTARY: 3 ' Kindly issue a Writ of Execution in the above matter... rn? rr; 1. directed to the Sheriff of LEBANON County: x;a 2. against DANIEL N HARRIS, Defendant ,r- 3. against JONESTOWN BANK & TRUST CO, Garnishee 4. and enter this writ in the judgment index , m (a) against DANIEL N HARRIS, defendant, and c) c -- 5n (b) against JONESTOWN BANK & TRUST CO, as garnishee, n as a lis pendens against real property of the defendant in the name of garnishee as follows: Any and/or all personal prope belonging to the defendant(s) in possession of the garnishee(s). 5. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): .gf oo god A C8? 3?1 .0 q2• oo - /N ?. 5-0 -7/. So P°? a. s d" e- Co .gV GG $ 3,544.85 $ 64.68 $ 3609.53 WELTMA'N`,IWEINBERG & REIS CO., L.P.A. By: " /`-' William T. Molczan, ire PA I.D. #47437 WELTMAN, WEI ERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 d.# s - / 0) g 3/00//03073?7 ?#? ' 26q'7R9 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 # 09196727 z?J2F"B H? OTAR Attorney for Plain?i'?'7j? 2? AkIA DISCOVER BANK vs. DANIEL N HARRIS and JONESTOWN BANK & TRUST Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 11-5407 CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), .JONESTOWN BANK & TRUST, only. WELTMAN, WEINBERG & REIS CO., L.P.A By Sworn to and uSssrxibed Before me the?-\-? day of February, 2012 NOTARY PUBLIC Col AoNWEALTK OF PENN! YY-L ANT . NOtaMgt 5e;st Wendy L. Gault Notary public of pt*buriih, pileyheRy CAUnty M RdSO'n ire JUtV 1 - - Mpml7er Iiri?V(VeY11b ?gg?,tl?T;It1re et` f?r±?rte? ' cj, SD CL? ? ?b35 ??? Ja s C. Warmbrodt, Esquire A ev for Plaintiff