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HomeMy WebLinkAbout11-8360OF THE PROTHONOTARY 2011 ROY -4 PM 3: 17 CUMBERLAND COUNTY PENNSYLVANIA TN 7HE =JRT OF COMMON PLEAS OF CUMBERLr N'_) CCT7N-, Y, PENNS`TL'JANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. VICTOR K CLARK No : 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 09361311 C A Pit SJS 470" X 019 ? 'S l1 Y2669y/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff Cvi1 7Cti_,-n No VICTOR K CLARK 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 banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, the collection of delinquent accounts, marketing, application approval, transaction approval, customer service, and billing. The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. 3. At all. times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendant account, which is the subject of this litigation. 4. Defendant is adult individual(s) residing at 116 COLLEGE HILL RD ENOLA, PA 17025 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7919 . 6. Defendant made use of said credit card and has a current balance due of $11327.50 , as of August 31, 2011 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to P, ai_r_tii 8. Plaintiff is entitled to the addition of interest at the rate of 19.990. per annum on the unpaid balance from August 31, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111". 9. Although repeately requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, VICTOR K CLARK INDIVIDUALLY , in the amount of $11327.50 with interest at the rate of 19.990. per annum from August 31, 2011 until date of judgment and costs. James Warm ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 1400 Pitt ur h, PA 15219 (412 4 4-7955 FAX: 4 -338-7130 WWR 0 361311 C A Pit SJS This law firm is a debt collector atte ing to collect this debt for our client and any information obtain will be used for that purpose. New Balance Minimum Payment Due 1 DISCOVER $0.00 621399.00 Payment Due Date SepNmber 26, 2011 31 SDSN6AOt0009950 VICTOR CLARK 116 COLLEGE HILL RD ENOLA PA 17025-2109 Account Number ending in 7919 Enter Amount Enclosed Below -? Tired of buying stamps? Go mobilel Make and ached payrmenis from your phone with the Discover app. Ira fast and We free. Download now at dlscover.com/apps PO BOX 6103 Illnrllrrurllssrsllsllsel 11" : X IBIT CAROL STREAM IL 60197-6103 Address, e-mail or telephone chonget Go to www.D6cover.corn or print change in space above. IrII I I111 nulllrln1111 11 11 11nrllllnm11 1 Ilnrullninll 000001986458124700440000000000000000239900 Dols: August 6, 2011 - Closing Dols: Augur Discover More Card Account Summary Account number ending in 7919 Previous Balance $11,327.50 Payments And Credits 11,327.50 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance $0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $9,600.00 Credit Line Available $0.00 Cash Advonce Credit Line $7,300.00 Cash Advance Credit Line Available $0.00 CAuh6xk Bans" Anniversary Month February Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 cadrbadc eorws ealair" $ 0.00 To learn more, 69 in at www.oiowver.com 131, 2011 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $2,399.00 Payment Due Date September 26, 2011 Lots Paynwd Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late 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 24.99% variable. Manage Your Account Online at www.DiKaver.com • Securely access statements and free online tools, pay, bills. online and trade and view all transactions simply and easily • Make your money worth moresm -find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.Diseaver.com 2. Call 1-8004DISCOVER (I.800.347-2683) Please have your Discover* card available. 3. Write to us at Discover, PO Box 30943, Sale Lake City, LIT 84130 (Not a payment address( For payments, please send to address on remittance or Discover. PO Box 6103, Carol Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1.800.347-7449. Transactions Trm'' Date . Da Porynrerds and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF $ 11,327.50 Fees TOTAL FEES FOR THIS PERIOD 5 0,00 b amd t3rarged TOTAL INTEREST FOR THIS PERIOD 5 0.00 2011 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 $ 235.00 TOTAL INTEREST CHARGED IN 2011 1,771.90 9361311 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It pays to VICTOR CLARK C sOVER Account number ending in 7919 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 26 days TYPE OF BALANCE ANNUAL (APR)PERCENTAGE INTER SSUBW TO IMEREST CHARGE RATE IM RATE Purchases 19.99% V $0 $0 Cash Advances 25.99% $0 $0 V - Variable Rate Addhional rupwlarM lderrne a - See yaw Codnrember Agreermie. Your Cardnemb•r Agreement contains all the terms of your Account. Lost or stel•n Cards. Report immediately) Cal 1400.347-2683. What To Do ff You Think You Find A MWer*9 on hour 8fofostsesrt if you think there is an error on your statement, write to us at: Discover, PO Box 30421 Sob Lake City, UT 84130A421 fn your letter. give us the following information: AccountWomnaffon: Your name and account number- Dollar amount: The dollar amount of the suspected error M-69 'on of Problem: If you think there is an error on your big, describe what you believe is wrong and why you believe mi e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in wrifi . YOU may cal us, but if you do we are not required to investigate any potential errors and you may haw to pay the aount in question. While we investigatewhether or not there has been an error, the Following are true: We cannot try j; ct the amount in question, or report you as delinquent on that amount. • The charge in may remain on your statement, and we may continue to charge you interest on that amount. But, if we dE ins made a mistake, you wig not have to pay tM amount in question or any interest or other fees related to that amount. • While you do not haw 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 fthfs N You Are OksafFi W With Your Cr*O Card Purehe•es If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good Faith rc correct the due on the purchase. problem with the merchant, you may have the right not to pay the remaining amount . 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 mailing address, and the purchase price must haw been more than $50. (Note: Neither of these arenecessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purehose. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with Nn purchase, contod us in writing at: Discover PO Box 30945, Sah Lake City, UT 841300945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, wewill tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you delinquent. Paymwrls. You mayppaayy ale or part of your Account balance at any time. However. you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your payment and the top portion of this statement in the envelope provided. Do rxat send Cash. 8Y sending your cheek os described above, you authorize us to use information on your check io make an electronic fund transhr from your account at the financial institution indicated on your check or to process the payjh.ack eat as o cheek transaction. If paymeat w proeesaed as an electronic Fund transter, the transfer will be for the amount of the When weuformtransfer funds may be withdrawn from your ccas soon as the wday ve your check back from your financial inson. The processing of your payment may be delayed if you send cash, correspondence or ofhw items with your payment, iF you send IM payment fo airy other address or if you use an emsbps then than the one provided. Paym•nta received m proper Fonn at our processing taeilily ?SPM kxal time on any day wile b• edited to your Aceamt as of that day. Payment reeeivwl at our processing Feed offer SPM local time will b• Credited to Your Account as of the next day. IF you haw mispkxed yyoouur •mnlope, acrd your payment to Dixowr f'O Box 6103 Carol Sheam, IL 60197.6103. fNeass allow 7.10 days For dsdiwry. If your payment a rehxrned unpaid, w• reserve fh• rigrif to rowbmit it as an el•cfronic debit. You can pay your scheduled monthly payment or o greater. amount that does not exceed your current Account balance over the telephone or you can soft automatic paymentihrough a Customer service representative by calling 1-800.347-2683. ents will be deducted on the Payment Due Data unless request a nt date Nrat occurs before your Payment Dw Date. IFyow scheduled _payment date falls on a weaken bank hdi ae> ynyoyour payer will be processed On Automatic paym You business day poor to H» weekend or bank holiday. In order to schedule monNdy pain by Clef phone you will need this statement anrt your bank account information. You will be asked to provide Nn ksst four 141 digit of the social security number of the primary borrower. By providinngg Nose number as your elechonie signature, you will be agreeinngg to tht authorization fo allow ua and your bank fo d•dud each payment you authorize, in the amount selected by you, from your bank account. also authorize us to initiate debit ar credo entries ro your bank account, w rcabl9, to tarred an error in the processing of such payment. You Care cancel a scheduled payment by phone at 1.800.34683 or by mail at Discover, PO Box 30421, Sah lake Cily, UT 841300421, hovwwr w• must receive notice at least three business days in advance of The scheduled payment. If your payment may vary in amount, we will tell you on each monthly statement when your eM wiH be made and how much it wile be. You must sown Neat wfficient funds ore availabte in your bank all transactions moat complx with U.S. law. If your scheduled paymeat is mat ?n?wgh fo cover fh• Minimum aynnnt as listed on your monthly i ing slalament, you wall be responsibf For paying Nn difF•rnee. If the scheduled payment ?s greater Nan the Mmrmum Payment Due{ cry ex(eesa ail be applied in accordance with yaw Cardm•mber Agreement. Your automatic poymw?f amount may a• less that the amount indicated on the periodic statement based on credit or payments after Nn Closing Dais. If you enroll by phone in our automatic payment service, please fill-in the Following blanks below and retain the authorization for your records. Amount: ? Full Pay ? Min Pay ? Min Pay + $ Bank Routing Bank Account 8: Frequency: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other clAuAs on your Account may be reflected in your credit report. We normally report the sblus and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number Pay rest We begin to impose interest charges on a transaction, fee or interest charge from the day we odd it to the daily balMeance. We continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However. you cannot ovoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paving Interest on Purchases 1"Grace Period") It you polyp he NOW bakWA on your prevt?iling statement by the Payment Due Dale shown on that billing statement, we wr not impose interest charges on now Purchases, or any portion of a new Purchase, paid by the Purchase Due Date on your current bitting statement. new Purchases are Purchases #i& first appear on the current billing "a ent. How We Aooly Pavmerds Mov Imoocf Your Grace Period yvw not pay your Now lakinc a in tun Fac mom, Fsrr, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Cakdab Mired Charges Daily Balarhce AAWwd fmiuding cu wo km -liarsl: We calculate interest charges each billing period by first hguring the "daily balance" for each Transaction Category. Transaction ClWies include standard Purchases, starhdard Cash Advances and different promotional balances, such as Balance Transleers. How We Firm Ilse Daily Balance for Each Transaction Cabgory We start with the inning balance for each day. The beginning balance for the first day of the billing period is your balance on the day of your previous billing period We add any interest charges accrued on the previous days daily balance and any new transactions and fees. We in add anyy new transactions or fees as of the later of the Transaction Date or the first day of the billing period in 0 which 1Fre transaction or fee posted to your Account. • We subtract any new credits and payments. c • We make other adjustments lincluding those adjustments required in the "Paying Interest" section). c How We Figure Year ToW Mend Charges We multiply the tai balance for each Transaction Category by its daily periodic rate. We do this for each day in g the billing period. is gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. Now We ihdhrde fees We add Balance Transfer Fees to the applicable (Monte Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees-to the standard Purchase Transaction Category. Balance Subject to Yhtered Rob. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make charges against this amount if your Account is open. We will send you a refund of any remaining balance of $1.00 or more after 6 months, a as otherwise required by applicable low. For TDD f feleconwnuhicagons Devils for the Desk assistanc?e, phase call! 1.800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discovermcard is issued by Discover Bank, Member FDIC RZNFEaoI 9361311 Questions? Visit www.Discmw.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Natasha Szczvgiel, 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# 9361311 Victor K. Clark 6011002080657919 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 4ol?y, el 4 U lHbrjY?IO FILED-OFFICE CF THE PROTHONOTARY 2011 NOV 10 AM 8: 50 Richard W Stewart Solicitor Discover Bank vs. Victor K. Clark OFF -F CUMBERLAND COUNTY PENNSYLVANIA Case Number 2011-8360 SHERIFF'S RETURN OF SERVICE 11/07/2011 05:48 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 7, 2011 at 1748 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Victor K. Clark, by making known unto himself personally, at 116 College Hill Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 November 08, 2011 -- RYAN BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF (C) COUatySUfte Shertf, Tee osoft_ We t ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation' Plaintiff FILED-OFFICE OF THE PROTHONOTARY 7011 DEC 27 PM I: 36 CUMBERLAND COUNTY PENNSYLVANIA VS. Civil Action No. 11-8360 CIVIL TERM VICTOR K CLARK TO THE PROTHONTARY: PFAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant VICTOR K CLARK above named, in the default of an Answer, in the amount of $12006.84 computed as follows: Amount claimed in Complaint $11327.50 Less payments / adjustments made $0.00 Interest on the remaining principal balance from August 31, 2011',to December 19, 2011 @ the interest rate of 19.990% per annum $679.34 Attorney's fees $0.00 TOTAL $12006.84 I hereby certify than 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. 09361311 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 PittsburgY And that the last known address of the Dj VICTOR K CLARK 116 COLLEGE HILL RD ENOLA, PA 17025 Pit SJS P 15219 ndant is /Al. 0,,) ?C ( CK-? ?v281zs7 Z ?G 9253 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff M VICTOR K CLARK Defendant TO: VICTOR K CLARK 116 COLLEGE HILL RD ENOLA, PA 17025 Date of Notice: Case No. 11-8360 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BE AUSE 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 (THIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS APER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FOR H BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD T HIRE A LAWYER, THIS OFFICE MAYBE 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, WEENUE- " & 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 9361311 A PIT B41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation, Plaintiff vs_ VICTOR. K CLARK Civil Action No. 11-8360 CIVIL TERM NON-MILITARY AFFIDAVIT the The undersigned is t e duly authorized agent and/or attorney for Plaintiff in the within ?atter 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 , VICTOR K CLARK is not in military service. Affiant further stags that this belief is supported by the attached certificate from the Def nse Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: VICTOR K CLARK 116 COLLEGE HILL RD ENOLA, PA 17025 Affiant further statle-s that the averments contained correct to the best of Alffiant's knowledge, information these averments are madelsubject to the penalties of 18 4904 relating to unswornlfalsification to authorities. herein are true and and belief and that Pa C.S.A. Section 'Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Dec-22-2011 08:25:08 Last First/Middle Be in Date Active Duty Status Active Duty End Date Service A Name gency Bas d on the information you have furnished, the DMDC does not possess CLARK VICTOR 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 pro'' ided, 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). Ahk? +luc- Mary M. Snavely-Dixon, Director Department of Defense - Man?ower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data (enter (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 thel 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 v rification of the person's status by contacting that person's Service via the "defenselink.mil" URL htt :// .tiv.defense]ink.m.il/fa / is;'PC'09SI_,I)R.html. If you have evidence the person is on active duty and yolu fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked aga?nst you. See 50 USC App. §521(c). If you obtain additional infor tion 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 dl ty 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. httn-,-//www.dmcle..n-,cl.mil/annli/acra/nonrPnnrt cln 17/77/2 1 1 Request for Military Status More information on "Active Active duty status as reported period of more than 30 consec service under a call to active s of more than 30 consecutive d emergency declared by the Pr( members must be assigned ag includes Navy TARs, Marine Uniformed Service member A Service or the National Ocean period of more than 30 consec Coverage Under the SCRA is Coverage under the SCRA is 1 duty for purposes of the SCRE Page 2 of 2 uty Status" this certificate is defined in accordance with 10 USC § 101(d)(1) for a ve days. In the case of a member of the National Guard, includes rice authorized by the President or the Secretary of Defense for a period s under 32 USC § 502(f) for purposes of responding to a national dent and supported by Federal funds. All Active Guard Reserve (AGR) Est an authorized mobilization position in the unit they support. This ?rps ARs and Coast Guard RPAs. Active Duty status also applies to a is an active duty commissioned officer of the U.S. Public Health and Atmospheric Administration (NOAA Commissioned Corps) for a ive days. in Some Cases oader in some cases and includes some categories of persons on active 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 tol 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 o active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service member 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:TK70LFN71 G bttnc-//www.dmdr..ncd mil/anni/ccra/nnnre.nnrt do I 1 IN THE COURT CU14BERLAND COU] CIVIL Discover Bank, Through Its Servicing DB Servicing Corporation Plaintiff vs. Civil VICTOR K CLARK OF COMMON PLEAS 9TY, PENNSYLVANIA DIVISION Agent, Action No. 11-8360 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant A ) Garnishee You are hereby notified that the fo lowing order of Judgment was entered against you on /a 12 7 (xx) Assumpsit Judgment in the amount of $12006.84 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. { ) If not satisfied within sixty (60) days, your motor vehicle operator's lice se and/or registration will be suspended by the Departme t of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order { ) Non-Pros { ) iConfession efault (xx) ?erdict ( ) ;Arbitration A Prothonotary By: VICTOR K CLARK 116 COLLEGE HILL RD 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 061, 31 VPM- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11- g15(d>Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, through it's servicing agent, DB SERVICING CORPORATION, Plaintiff (s) From VICTOR K. CLARK, 116 College Hill Rd, 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: PNC BANK, 105 Noble Blvd, 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 $12,006.84 Interest -- $151.98 Atty's Comm % Atty Paid $180.50 Plaintiff Paid Date: 3/22/12 L.L. $.50 Due Prothy $2.25 Other Costs r Da ' Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 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, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff VS. VICTOR K CLARK Defendant(s) PNC BANK Garnishee(s) No. 11-8360 CIVIL TERM 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. 9361311 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. VICTOR K CLARK, Il(o 001h y Hill Rd, ?,rb6, PA MUS Defendant(s) ?J PNC BANK, 105 Roble Wvd , earlkSle, 41A 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 VICTOR K CLARK , Defendant 3. against PNC BANK... Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): C) aq. oo P o Any 43.00 CBF qa 0o " 14-00 a.so " 180.50 - Po AiW Civil Action No. 11-8360 CIVIL TERM .?; rn ev z .z" - -1" n w- jT,:^ cnr C r-j r $ $12,006.84 $ $0.00 $ $151.98 $ $12,158.82 WELTMAN, WEINBERG & REIS CO., L.P.A. ? By: z?le'd I z William T. Molczan, Esquire PA I.D. #47437 l? WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 4 a•j5 bw b .so LL (0ya34ya g# aqa lqy Uy+o f & --Z? WWR No. 9361311 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .- lA OFF j . 2 AR 29 AM !C» ?M BE KL,,-.N0 GO 3 ENNS Yt..VANIA Discover Bank vs. Victor K. Clark Case Number 2011-8360 SHERIFF'S RETURN OF SERVICE 03/28/2012 01:00 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1302 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Victor K. Clark, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, b? handing to Susan Casale, Financial Sales Consultant, 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 Victor E. Clark at 116 College Hill Road, Enola, PA 17025. SO ANSWERS, March 29, 2012 RON R ANDERSON, SHERIFF y ,r iam Cline, Deputy e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, through its servicing agent, DB SERVICING CORPORATION Plaintiff vs. VICTOR K. CLARK Defendant and PNC BANK Garnishee CIVIL ACTION NO. 11-8360 CIVIL TERM m- d r Cv rv - ul -; ANSWERS TO INTERROGAIE' IN ATTACHMENT Filed on behalf of PNC Bank, National Association Joel B. Gold, Esquire Sr. Counsel for PNC Bank, National Association Pa. I.D. #42090 PNC Bank, National Association Firm #862 One PNC Plaza, 20th Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/6763 (facsimile) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, through its servicing agent, DB SERVICING CORPORATION Plaintiff CIVIL ACTION NO. 11-8360 CIVIL TERM VS. VICTOR K. CLARK Defendant and PNC BANK Garnishee ANSWERS TO INTERROGATORIES IN ATTACHMENT Filed on behalf of PNC Bank, National Association ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A., the Garnishee (`Bank"), files this response stating as follows: 1-la. The Garnishee has two accounts titled in the name of the defendant Victor K. Clark, which after allowance of the judgment defendant's cash exemption of $300.00, and the Garnishee's $100.00 service charge, the Bank has an aggregate balance of $279.26. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 9. Objected to as outside the scope of Pa.R.C.P. no. 3144. 10. Objected to as outside the scope of Pa.R.C.P. no. 3144. 11. N/A 12. N/A WHEREFORE, PNC Bank does not admit to holding property of, and does admit to owing a debt of $279.26 to the judgment defendant. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION 05 " oe? Joe . Gold, E Lit/garnishee answers/Clark, Victor 04302012 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Blank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unworn falsification to authorities. RE: Servicing Corpoartion vs Victor K Clark ]DOCKET NO.: 11-8360 Theresa A Dusch Team Lead, Garnishment Processing Position DATE: May 21, 2012 Lit-233946.1 IN THE COURT OF CO MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. VICTOR K CLARK Defendant PNC BANK Garnishee No. 11-8360 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.#90963 Wellman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9361311 ? ul U. S6 ?d G µ`I Ck++16 su4-) a I R? ';?-7u 3aI jvo?cu 'N\owlb-d IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-8360 CIVIL TERM VICTOR K CLARK Defendant PNC BANK Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, PNC BANK, in the amount of $279.26, which is less than the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9361311 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: One PNC Plaza, 20th Fl, 249 Fifth Avenue, Pittsburgh, PA 15222 wWmZ No. q 3(o I t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, through its CIVIL ACTION servicing agent, DB SERVICING NO. 11-8360 CIVIL TERM CORPORATION Plaintiff VS. ANSWERS TO INTERROGATORIES IN ATTACHMENT VICTOR K. CLARK Defendant and Filed on behalf of PNC Bank, National Association PNC BANK Garnishee Joel B. Gold, Esquire Sr. Counsel for PNC Bank, National Association Pa. I.D. #42090 PNC Bank, National Association Firm #862 One PNC Plaza, 20th Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/6763 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, through its servicing agent, DB SERVICING CORPORATION Plaintiff vs. VICTOR K. CLARK Defendant and PNC BANK Garnishee CIVIL ACTION NO. 11-8360 CIVIL TERM ANSWERS TO INTERROGATORIES IN ATTACHMENT Filed on behalf of PNC Bank, National Association ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A., the Garnishee ("Bank"), files this response stating as follows: 1-1 a. The Garnishee has two accounts titled in the name of the defendant Victor K. Clark, which after allowance of the judgment defendant's cash exemption of $300.00, and the Garnishee's $100.00 service charge, the Bank has an aggregate balance of $279.26. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 9. Objected to as outside the scope of Pa.R.C.P. no. 3144. 10. Objected to as outside the scope of Pa.R.C.P. no. 3144. 11. N/A 12. N/A WHEREFORE, PNC Bank does not admit to holding property of, and does admit to owing a debt of $279.26 to the judgment defendant. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION r ?7?? Joe . Gold, E Lit/garnishee answers/Clark, Victor 04302012 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my kno-,Aledge, information and belief and that these statements are made subject to the penalties of 18Pa- C.S. s4904, relating to unworn falsification to authorities. RE: Servicing Corpoartion vs Victor K Clark DOCKET NO.: 11-$364 -,A. 14 LA& 6Z Theresa A Dusch Team Lead. Garnishment Processing Position DATE: ME 21.012 Lit-233945.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 11-8360 CIVIL TERM VICTOR K CLARK Defendant PNC BANK Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment wa entered against you on (xx) Assumpsit Judgment in the amount of $279.26 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 ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTH R Y) PNC BANK ONE PNC PLAZA, 20TH FL 249 FIFTH AVENUE PITTSBURGH, PA 15222 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9361311 Attorney for Plaintiff(s?!' ?"F,' 0 T #OO ffic? TARS Y 2012 JUN 29 PM 2: 05 CUMpf IAA DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION vs. VICTOR K CLARK, CUMBERLAND County Court of Common Pleas NO. 11-8360 CIVIL TERM and PNC BANK Garnishee(s) PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above mattersatisfied as to Garnishee(s), PNC BANK,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molczan, Es ire Attorney for Plaintiff ??,# ?as?3gab WELTMAN, WEINBERG & R:EIS CO., L.P.A. BY: William T. Molczan, Esquire LC>. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 152]9 Phone: 412.434.7955 Fax: 412.434.7959 File # 936131 1 Attorney for Plaintiff(s) DISCOVER BANK, THROUGH 1`TS SERVICING AGENT, DB SERVICING CORPORATION vs. VICTOR K CLARK, and PNC BANK M & T BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 1 1-8360 CIVII. TER1~1 PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matterdiscontinued and ended as to Garnishee(s), PNC BANK, M & T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P..A. By ~~rt~ ~ ~.~.,~ _ William T. Molczan, E ire Attorney for Plaintiff a~}~~io l~~ ail ~f~# q 2 ~a$ ~g~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 6-ILEU-OF1. .0E- sne,;ff CiF THE PROTHONOTAR" Jody S Smith Chief Deputy 2013 APR —5 PM 3: 53 Richard W Stewart CUMBERLAND COUNTY Solicitor crrCr Of THE SHERIFr PENNSYLVANIA Discover Bank vs. Case Number Victor K. Clark 2011-8360 SHERIFF'S RETURN OF SERVICE 03/28/2012 01:00 PM -William Cline, Deputy Sheriff,who being duly sworn according to law, states that on March 28, 2012 at 1302 hours, attached as herein commanded all goods, chattels, rights, debts, credits,and monies of the within named defendant,to wit: Victor K..Clark, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Susan Casale, Financial Sales Consultant, 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 Victor E. Clark at 116 College Hill Road, Enola, PA 17025. 04/05/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as STAYED. Plaintiff's attorney was able to collect$279.26 from defendant's bank account with PNC Bank. SHERIFF COST: $91.79 SO ANSWERS, April 05, 2013 RONW R ANDERSON, SHERIFF �� 9ag3y c v`I (c!CountySude Sheriff,Teteosoft.Inc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) y w NO 11- SlWivil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK,through it's servicing agent,DB SERVICING CORPORATION, Plaintiff(s) From VICTOR K.CLARK, 116 College Hill Rd,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: PNC BANK, 105 Noble Blvd,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$12,006.84 L.L.$.50 Interest -- $151.98 Atty's Comm % Due Prothy$2.25 Atty Paid $180.50 Other Costs Plaintiff Paid Date: 3/22/12 Da ' Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN,ESQUIRE Address:WELTMAN,WEINBERG&REIS CO.,LPA 1400 KOPPERS BUILDING ► 436 SEVENTH AVENUE WWI riM ,,E.. PITTSBURGH,PA 15219 Attorney for: PLAINTIFF : ' Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F!LED-OF FICE_ Sheriff s of CUIRb.r, I�f. ­� '0 THE PROTHONOTAtr,' Jody S Smith 2013 APR —5 PM 3: 53 Chief Deputy Richard W Stewart OFFICE OF THE S+ RIFF CUMBERLAND COUNTY Solicitor PENNSYLVANIA Discover Bank Case Number vs. 2011-8360 Victor K. Clark SHERIFF'S RETURN OF SERVICE 09/17/2012 03:30 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17,2012 at 1528 hours, attached as herein commanded all goods, chattels, rights,debts, credits, and monies of the within named defendant,to wit:Victor K. Clark, in the hands, possession, or control of the within named garnishee, M &T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, by handing to Donna Egolf,Teller, 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 defendants was mailed on September 18, 2012 to Victor K. Clark at 116 College Hill Road, Enola, PA 17025. 09/1712012 03:41 pm-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 17, 2012 at 1536 hours, attached as herein commanded all goods,chattels, rights,debts, credits, and monies of the within named defendant,to wit:Victor K. Clark, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Susan Casale,Teller, 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. 04/05/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $143.52 SO ANSWERS, April 05, 2013 RONW—R ANDERSON, SHERIFF co. !c),­ountySu:te Sneriff lele0s0ft,Inc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-8360 Civil COUNTY OF CUMBERLAND) _ CIVIL ACTION—LAW M TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due DISCOVER BANK THROUGH ITS SERVICING AGENT,DB SERVICING CORPORATION Plaintiff(s) From VICTOR K.CLARK,116 COLLEGE HILL ROAD,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 GARNISHEES)as follows: PNC BANK, 105 NOBLE BLVD,CARLISLE,PA 17013 M&T BANK, 1 WEST HIGH STREET,CARLISLE,PA 17013 and to notify the garnishees)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$11,727.58 L.L.$ Interest $481.59 Atty's Comm % Due Prothy $2.25 Arty Paid $233.00 Other Costs Plaintiff Paid Date:SEPTEMBER 11,2012 David D.Buell,Prothonotary (Seal) 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 T4% �!FROM RECORD In resort wW a r&4-1 tW*ar4 set my hand Supreme Court ID No.47437 and the a"of said Co C'Orlisla.Pa. This L day-of f ,20 I� Jr 4 Pro notary i h r 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff rA ,..; VS. Civil Action No. 11-8360 CIVIL TERM�G VICTOR K CLARK � �,� 1 C-Y� �� ► ��`��A Defendant(s) PNCBANK IUS y jobLa Iud nn�_� / � t3 y,Q dr M&T BANK W. l�Q lJ►��°l.(, t 0 _ Garnishee(s) PRAECII'E FOR WRIT OF EXECUTION "4 TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against VICTOR K CLARK ,Defendant 3. against PNC BANK, M&T BANK, , Garnishee 4. Judgment Amount $ $12,006.84 Less Payments/credits received $ $279.26 ��1 Interest $ $1,371.75 Costs $ SUBTOTAL: $ $13,099.33 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG&REIS CO., L.P.A. By: Gd'�� William T. Molczan,E uire PA I.D. #47437 WELTMAN,WEINBERG&REIS CO., L.P.A. 1400 Koppers Building F436 Seventh Avenue `� 3. �© �` Pittsburgh, PA 15219 90,0 C U11 (412)434-7955 011.—�� It r 3' Sa 1r �`� tt <t a << 't d' Vq!5 WWR No. 9361311 . bCo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff No. 11-8360 CIVIL TERM VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) VICTOR K CLARK Defendant(s) PNC BANK M&T BANK 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. 9361311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-8360 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK,THROUGH ITS SERVICING AGENT,DB SERVICING CORPORATION Plaintiff(s) From VICTOR K. CLARK, 116 COLLEGE HILL ROAD,ENOLA,PA 17025 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK, 105 NOBLE BLVD.,CARLISLE,PA 17013 M&T BANK, 1 WEST HIGH STREET,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; (2) 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$11,727.58 Plaintiff Paid$ Interest$1,371.75 Attorney's Comm. % Law Library$ Attorney Paid$633.06 Due Prothonotary$2.25 Other Costs$ Date: 12/06/13 . David D.Buell,Prothonotary 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RtAndcrson Sheriff 1 yxkt 01. .Carat rrl Jody S Smith , ''¢ Chief Deputy °., 2U13 pT, i 6 A ![ Richard W Stewart Solicitor `-',UMBERL 4L3 ,r s Ni" PENNSYLVANI Discover Bank Case Number vs. 2011-8360 Victor K. Clark SHERIFF'S RETURN OF SERVICE 12/11/2013 08:57 AM -Amanda Ebersole, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Beth Ann Eppley, Vice President, Branch Manager, 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. i_pdt • ,n5A.0-) AMANDA EBERSOLE, DEPUTY SO ANSWERS, December 13, 2013 RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff ` aiab i 0 146o l t' - Jody S Smith Chief Deputy 5 cr>r" Richard W Stewart Solicitor ,€E,°E" r-. Discover Bank vs. Case Number Victor K. Clark 2011-8360 SHERIFF'S RETURN OF SERVICE 12/11/2013 09:08 AM -Amanda Ebersole, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jill Caruso, Regional Security Manager, 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 December 13, 2013 to Victor K. Clark, 116 College Hill Road, Enola, PA 17025. ,OSIM lth 1UL AMANDA EBERSOLE, DEPUTY SO ANSWERS, December 13, 2013 RONNR ANDERSON, SHERIFF A ` i�f 7r. 23 `t Pi .�' . r.itti,E r4• t;ND t,,u .rti I i4.g�ht pp ticc,,SYV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,T�'NN LANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 11-8360 CIVIL TERM VICTOR K CLARK Defendant(s) 41 n_71.5 GUea lf� INTERROGATORIES IN ATTACHMENT PNC BANK M&T BANK 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. 9361311 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 11-8360 CIVIL TERM VICTOR K CLARK Defendant(s) PNC BANK M&T BANK Garnishee(s) TO: PNC BANK, 105 NOBLE BLVD, CARLISLE,PA 17013 M&T BANK, 1 WEST HIGH ST, CARLISLE,PA 17013 RE: VICTOR K CLARK, 116 COLLEGE HILL RD, ENOLA, PA 17025 Suggested Reference No.: XXX-XX-9650 XXX-XX- 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. 9361311 INTERROGATORIES IN ATTACHMENT 1. 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)? r 0 la. 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 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 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. \ 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? /) i 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? A \ 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? /i 4- 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? ' 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. tvz WWR No. 9361311 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. itr\c 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. QLi c ‘�t, 13 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. (\iZ 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? 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Es ire 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. 9361311 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 LARRIE MASS M&t ame) of , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. cft/t:,%., / ' I DEC 1 9 2013 (SIGNATURE) WWR No. 9361311 iy WELTMAN,WEINBERG & REIS CO.,L.P.A. BY: Matthew D Urban,Esquire Attorney for Plaintiff(s) X014 F>rp '0 TA t I.D.No. 90963 `�� ,2/ 436 Seventh Avenue, Suite 1400 Ctl"'BERL P 1�. Phone: 412 434.7955 pEM��S Y�AWANT Y Fax: 412.434.7959 File#9361311 DISCOVER BANK THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Cumberland County Court of Common Pleas VS. VICTOR K CLARK NO. 11-8360 CIVIL TERM and M&T BANK, PNC BANK Gamishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), M &T BANK, PNC BANK, only. WELTMAN, WEINBERG& REIS CO., L.P.A. By Matthew D Urban,Esquire Attorney for Plaintiff 0� Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF ICE OFTHE £ ERIFF THE r k3 §l`..'{D 20 J JUL -3 Ali 10: 3 CUMBERLAND PENNSYLVANIA NSYLVANI -� Discover Bank vs. Victor K. Clark Case Number 2011-8360 SHERIFF'S RETURN OF SERVICE 12/11/2013 08:57 AM - Amanda Ebersole, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Beth Ann Eppley, Vice President, Branch Manager, 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. 12/11/2013 09:08 AM - Amanda Ebersole, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jill Caruso, Regional Security Manager, 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 December 13, 2013 to Victor K. Clark, 116 College Hill Road, Enola, PA 17025. 07/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $145.14 SO ANSWERS, July 02, 2014 RO NY R ANDERSON, SHERIFF (c) CountySui(e Shenff, Teleosoft, inc. fa, 13-,LCo di* 91614 iZ 3670.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION VS. VICTOR K CLARK NO. PRAECIPE FOR APPEARANCE 2011-8360 TO THE PROTHONOTARY: DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Please enter my appearance for in the above case. Date: December 18, 2014 Stephen Selinger Print Name Eltman, Eltman & Cooper, PC Firm 140 Broadway, 26th Fl Address New York, NY 10005