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HomeMy WebLinkAbout12-1428j AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. YO LE Defendant No. ? I a- ?aglJ? I COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09433012 C A Pit SJS a) D,uk V. Ib& -7 c ?J CL14 /03P-/ss3 12 (4-- a-) / 92 7 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. Civil Action No YO LE 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 903 APPLE DR MECHANICSBURG, PA 17055 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0804 . 6. Defendant made use of said credit card and has a current balance due of $6407.56 , as of September 30, 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 Plaintiff. 8. Plaintiff is entitled to the addition of interest at the rate of 28.240% per annum on the unpaid balance from September 30, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111. 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, YO LE INDIVIDUALLY , in the amount of $6407.56 with interest at the rate of 28.240% per annum from September 30, 2011 until date of judgment and costs. William T. MoIczan, 37 WELTMAN, WEINBERG & EIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09433012 C A Pit SJS This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. New Balance Minimum Payment Due Account Number ending in 0804 DISCOVER $0.00 258.00 Enter Amount Enclosed Below Payment Due Date $ f October 25, 2011 l 30 SDSN6A01 0010729 YO LE 903 APPLE DR MECHANICSBURG PA 17055-3408 Access and manage your account at www.Discoveccom or visit m.discover.com on your mobile phone. PO BOX 6103 I??rrsl?rrrr??Isl?rsrlrrrll CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Go to www.D6cover.com or print change in space above. I IIullnun1 Ilrlulurlrllnnrllllnn+llrllnn1 1)ulnll . 000001986458849532292000000000000000125800 EXHIBIT Opening Dolls: September 3, 2011 - Closing Doha: Sep I Discover More Card Account Summary Account number ending in 0804 Previous Balance Payments And Credits Purchases Balance Transfers Cash Advances Fees Charged Interest Charmed _ New Balance $6,407.56 6,407.56 + 0.00 + 0.00 + 0.00 + 0.00 + 0.00 _0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $5,200.00 Credit Line Available $0.00 Cash Advance Credit Line $2,600.00 Cash Advance Credit Line Available $0.00 ?tember 30, 2011 '®o 2 Payment Information Now Balance $0.00 Minimum Payment Due $1,258.00 Payment Due Date October 25, 2011 Late Payment 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 29.99% variable. Manage Yow Account Online at www.Diswvor.com • Securely access statements and free online tools, pay bills online and track 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 Cashbock Bonuse 1 Access your account securely at www.Discover.com Anniversary Month 2, Call 1.800-DISCOVER(1-800.347.2683) November Please have your Discoverecard available. Opening Cashbock Bonus Balance $ 0,00 3. Write to us at Discover, PO Box 30943, New Cashbock Bonus This Period + 000 Salt Lake City UT 84130 (Not a payment address( For payments, 34 send to address on remittance or Cashbock Bonus Balance $ 0.00 Discover PO Box?6103, Carol Stream, IL 60197.6103 To Imm mar., log in coo www.Discover.com For TDD (Telecommunications Device for the Deal) assistance, please call 1.800-347-7449. Transactions Trans. Post Date Dale Payments and Credits Sep 30 Sep 30 INTERNAL CHARGE-OFF $ -6,407.56 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date 9433012 TOTAL FEES CHARGED IN 2011 $ 280.00 TOTAL INTEREST CHARGED IN 2011 1,124.75 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DI C VER DISCOVER It pays ro YO LE DISCO. !VER Account number ending in 0804 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current baling Period: 28 days TYPE OF BALANCE Purchases 09/22/2010 and after 09/21/2010 and prior Cash Advances V - Variable Rate R (AR) PERCENTAGE RAATEE BALANCE SUBJECT TO MEREST RATE MEREST CHARGE 28.24% 26.24% 29.99% $0 $0 $0 $0 $0 so Additional Ionpartant Information See yaw Cardmember Agreement. Your Cardmembsr Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl CoU 1-800.347.2683. What To Do N You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover. PO Box 30421 Salt Lake City, UT 84130.0421 In your letter give us the following information: Account information: Your name and account number • Dollar amount: The dollar amount of the suspected error • Dexri lion ocef Problem: If you think there is on error on your bill, describe what you believe is wrong and why you believe it is a mists . You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following ore hue: We cannot try to collect the amount in question, or report yOU as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you ore responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Riahts ff You Are Dissatisfied With Your Credit Card Purchases If you ore dissatisfied with the gcods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right riot to pay the remaining amount due on the purchase. To use this right, all of the Following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary 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 purchase. 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 the purchase, contact us in writing at: Discover. PO Box 30945, Salt Lake City, UT 84130.0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. You maypay all 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 provodsd. Do not send cosh. Byy sending your check as described above, you authorize us to use information on your check fo make an electronic Fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic Fund transfer, the transfer will be for the amount of the check. When we use information om your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back From your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment o any ether address or if you use an envelope other than the one provided. Payments received in proper form at our processing Facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover PO Box 6103 Carol Stream, IL 60 1 97-6 1 03. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your scheduled monthly payment or a realer amount that does not exceed your current Account balance over the telephone or you can sely automatic Payments through a customer service representative by calling 1-800.347.2683. Automatic payments will be deducted on the Payment Due Data unless u request a payment date that occurs before your Payment Due Date. If yyear scheduled payment date falls on a weekend or bank holiday, your payment will be processed the business day prior to tins weekend or bank holiday. In order to schedule monthly payments by telephone, you will need this statement and your bank account information. You will be asked to provide the last Four (4) digits of the social security number of the primary borrower By providing those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You can concel a scheduled payment by phone at 1-800.347-2683 or by mail at QUox 30421, Salt Lake City, UT 84 1 30-042 1 however we must receive notice at least three business days in W=t?SSMMIAISe scheduled payment. If your payments may vary in amount, we will tell you on each monthly statement when your payment will be made and how much d will be. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. If your scheduled payment is not enough to cover the Minimum Payment Due as listed on your monthly boiling statement, you will be responsible for paying the difference. If the scheduled payment is greater than the Minimum Payment Due any excess will be applied in accordance with your Cardmember Agreement, Your automatic payment amount may 6e less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. 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 + s Bank Routing #: Bank Account #: Frequency:- NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Credo 7.ph.. We ay report informother dycunt y be your Acrit encus at thng ddhome tnumber and Account number lZ ring Mterest We begin to impose interest charges on a transaction Fee or interest charge from the day we add if to the duty balance. We continue to impose interest clwrges until you pay tyre total amount you owe us. You con avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paying Interest on Purchases, j"Grace Periodn IF you paid the Now Balance on your previous billing slafement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchosesor any portion of a new Purchase, paid by the Payment No Date on your current billing statement. New Purchases are Pure?ses that first appear on the curre billing statement. H ow We Apgly Payments May Impact Your Grace Period y-oho not pay your rvsw oaroncs in full we morim, , depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Charges Daly balance MAod (echrding current transactions); We calculate interest charges each billing period by first figguring fhs "daily balance" for each Transaction Category. Transaction Cao?teegyories include standard Purchases, standord Cash Advances and different promotional balances, such as Balance Trans is. How We Figure the Daly Balance for Each Transaction Category We start with the beginning balance for each day. The inning balance for the first day of the billing period is your balance on the last day of your previous billing pert We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We odd any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. We subtract any new credits and payments. We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Charges We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billin PPeriod. This 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. How We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We odd Cash Advance Fees to the applicable Cash Advance Transaction Category. We add ail other fees to the standard Purchase Transaction Category. Balance Subject to Interest Rate. 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 it your Account is open. We will send you a refund of any remaining balance of $1.1? or more after 6 months, or as otherwise required by applicable law. For MD (Telecommunications Device for the Deaf) assistance, Please call 1.800347.7449. 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 RZNFEOOI 9433012 Questions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER (1-800-347-2683). i Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. e See your statement as soon as it's available rather than wait for it to arrive in your mailbox. e Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. e Sign up today at Discovercom/poperkss 02010 Discover Bank, Member FDIC 1APER.0310 U) O w z A 0 0 0 0 v cn 9433012 Questions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER (1.800-347-2683). `Feb.14. 2012 2:09PM ND.2607 P. 6 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczygiel_ (Name) Legal Placement Account Mana eg r of I2B Servicing Corporation servicing affiliate for (Title) (Company) Discover Bank , 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. (Signature) i? V WWR# 09433012 YO LE 6011 0027 5364 0804 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a1 c:,, F !21.'x! 't.Ftty?.`t' Discover Bank Case Number vs. 2012-1428 Yo A. Le SHERIFF'S RETURN OF SERVICE 04/04/2012 02:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2012 at 1432 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Yo A. Le, by making known unto himself personally, at 903 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $48.00 April 10, 2012 MICHELLE GUTS DEPUTY SO ANSWERS, RONI'V R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation C 1 Plaintiff =rn 5. ?0;0 -c 'ern VS. Civil Action No. 2012-1428 CL N Cm) r-z -+ca YO LE o-rl zp PRAECIPE FOR DEFAULT JUDGMENT p w? TO THE PROTHONTARY: Kindly enter Judgment against the Defendant YO LE above named, in the default of an Answer, in the amount of $7'531.32 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa from September 30, 2011 to May 14, @ the interest rate of 28.240% Attorney's fees TOTAL $6407.56 $0.00 1 balance 2012 per annum $1123.76 $0.00 $7531.32 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: Matthew D. Ur an,9 963 09433012 C A Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendant is YO LE 903 APPLE DR MECHANICSBURG, PA 17055 Rm1 ?r ICS-1 -SEC a Oss3n ocok,ft U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Dimover Bank Thmugh Its Servicing Agent DB Sovic k%l Caa atbn F tlff Vs. YO LE Defetxlant Case No. 2012-1428 CIVIL TO: YO LE 903-APPLE DR MECHANICSBURG, PA 17055 Date of NWce: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN VIyRI"TING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THEM 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 "WANG 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, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBW ANt! COUNTY SAR ASSOCIATION 32 SOUTH 1111010010 >II'NIET CARL ISU, PA.'I7013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.I.DA 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9433012 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. YO LE Civil Action No. 2012-1428 CIVIL 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 YO LE 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: YO LE 903 APPLE DR MECHANICSBURG, PA 17055 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. AFFIANT Department of Defense Manpower Data Center RnWh as d: May-16-2012 08:55:38 SCRA 2.1 PWNNW to eVceavu--b1-wre civil It Hof Aid Last Name: LE First Name: YO Active Duty Status Date May-16-2012 ?rw• wr tear ta. tyrfAAW>,Is?re1 a, Aeaw tx>w oxtisw tJll?wen o0 NA No NA Thk MWOr l.s.ar Iris Yltlivldvak' aka cloy aeMw bead on or Aaaw DuM Dare t,aA?w.au?w+r,reasr?. ?r+?rw. c?+wwr w. NA No NA TMs fW- mkaa wham rl. rllekraMr kn.caw dory alab,a wrMdn 387 days w>,oaans 8n ApM Duty 8"n pale "a Mrnbar or KWH*r Unh Woo WOW d a FWna C04JV ID Anew Duly an Adpa M* a"Wb NA No NA TMs naparea raMok whedw M b hd" or hkAw uric hoe noshed maj n ukrison b YoW for aphis duly Upon searching the data barns of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the indivi" on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or hi&4w unit receiving notification of future orders to report for Active Duty. r Mary M. Snavely-Dixon, Director Department of Deform - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemenntiers Civil Relief Act (50 USC App. § 501 at seq, as mended) (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 only a small error rate. In the event the individual referenced above, or any family member, Mend, or representative asserts In any manner that the Individual was on active duty for the active duty status data, 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 parson's Service via the 'defenselink.mil' URL: http:/ wow.def imMink.mIVWpW/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date 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 infomstion about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Data (2) Whether the individual left Active Duty status within 357 days preceding the Active Duty Status Date (3) Whetter the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported In this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some or to active duty periods less than 30 consecutive drys in length were available. In the case of a member of the National Guard, this Includes service under a tall to active service authorized by the President or the Sec ietery of Defense under 32 USC § 502(f) for purposes of reepondkig to a national emergency declared by the President and supported by Federal funds. AN Active Guard Reserve (AGR) members must be assigned against an suftrtzed mobifttion position in the unit they support. This inckidas Navy Training end Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Comet Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Urdormed Service member who is an active duty commissioned officer of the U.S. Public Health Service or to National Domenic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA Is broader in some can 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. SCRA protections are for Title 10 aid Tide 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(dX1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Person 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 person 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name, SSN, and active duty status date provided by the requester. Providing arroneous information will case an erroneous cartifi ate to be provided. Report ID: 10867MRKER 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. 2012-1428 CIVIL YO LE NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th? " ollowing order of Judgment was entered against you on 3 (xx) Assumpsit Judgment in the amount of $7531.32 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Prothonotary By: YO LE 903 APPLE DR MECHANICSBURG, PA 17055 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G; CIVIL DIVISION -3 I © r cg's ? r*t r-- DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION `'?'.?? +a Plaintiff r"x '`, )7 C- z p ' r- vs. Civil Action No. 2012-1428 CIVIL pG En YO LE Pms Defendant(s) INTERROGATORIES IN ATTACHMENT MEMBERS FIRST FCU Garnishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 RECEIVED DEC 17 2012 WWR No. 9433012 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff VS. YO LE Defendant(s) MEMBERS FIRST FCU Garnishee(s) Civil Action No. 2012-1428 CIVIL TO: MEMBERS FIRST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: YO LE, 903 APPLE DR, MECHANICSBURG, PA 17055 Suggested Reference No.: XXX-XX-3861 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. (RECEIVED DEC 17 2012 WWR No. 943 • 0 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)? ?TS I a. If the answer to Interrogatory l 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. * 1at 3.1e5- - ChZCLi V?- 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. rn 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? N 'D 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? W 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? 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? 0 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. RECEIVED DEC 17 2012 Iv V WWR No. 9433012 0 • 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. yt? 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 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. i 41 20 I Z- 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? t\? /)A-- 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: Matthew D. Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 RECEIVED DEC 17 2012 WWR No. 9433012 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 t?? I (U N L( _ p,? (1 ame) 6CON? U hlm- of l Sfi ?,? , garnishee herein, Title) Aw?S-t- (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. 4k`-k(*SI U ) RECEIVED DEC 17 201?. WWR No. 943301? -- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r _ €G . Sheriff G HE PRv-[H 0 N a 1-;j y Jody S Smith r Chief Deputy 'c w 2013 SEP 10 AM 10 rg Richard W Stewart � �� l�=OF TV. COUNT Y Solicitor ��OFF .S) RIF- PENNSYLVANIA Discover Bank vs. Case Number Yo A. Le 2012-1428 SHERIFF'S RETURN OF SERVICE 12/14/2012 12:29 PM -Jason Kinsler, Deputy Sheriff,who being duly sworn according to law, states that on December 14, 2012 at 1229 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Yo A. Le, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, by handing to Denise L. Harman,Assistant 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. The writ of execution and notice to defendant was mailed on December 17, 2012 to Yo Le at 903 Apple Drive, Mechanicsburg, PA 17055. 09/03/2013 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: $208.35 SO ANSWERS, September 09, 2013 WONNW R ANDERSON, SHERIFF lad, (c)CountySui!o Sheriff,Teleosott,Inc.