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
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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
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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 ?•
?
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o
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j
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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