Loading...
HomeMy WebLinkAbout12-1882# t t -TH0N0 1Mfjf, L' E h? -j , R 26 AEI (1: 31 .:; ?'_ MSERL/%ND COUNTY -I-t-YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Ci Pl aintiff No: p/a-1e&)- V VS. DANA P GREGGS COMPLAINT IN CIVIL ACTION Defendant 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 09536321 C A Pit SJS (9) X1075 AA 0 a J57 X 1? 16(l av86 y 12 *a? -7 Q qn? 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 DANA P GREGGS 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 6104 WESTOVER DR MECHANICSBURG, PA 17050 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3868 6. Defendant made use of said credit card and has a current balance due of $9141.37 , as of July 30, 2010 . 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 11.240% per annum on the unpaid balance from July 30, 2010 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1". 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, DANA P GREGGS INDIVIDUALLY , in the amount of $9141.37 with interest at the rate of 11.240% per annum from July 30, 2010 until date of judgment and costs. L /. -IL , William T. Molcz ,47437 WELTMAN, WEINBE & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09536321 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. DISCOVER N ? Balance 22 SDSNSA010018315 DANA GREGGS 6104 WESTOVER DR MECHANICSBURG PA 17050-2372 Minimum Payment Due Account Number ending in 3868 0.141.37 - Enter Amount Enclosed Below Payment Due Date December 17, 2010 Please make check payable to Discover Card. Minimum yment due includes a past due amount of 52,357.00. Phone and Internet payments must be made by 5:00pm ET for same day posting Acces3. and manage your account at www.Discover.com or visit m.discover.com on your mobile phone. PO BOX 6103 111 ... Iloilo 11 CAROL STREAM IL 60197-6103 Address, .mail or telephone changes III Ilrrn?nJllrlrr rrJrll?rrrrlllLrrrrlldL?rrJl?Jrdl Go to www.Discvvw.com or print change in space above. n rr I 000001986458817982081091413700000000914137 Opening Dale: October 23, 2010 - Dosing Date: Nov Discover More Card Account Summary Account number ending in 3868 Previous Balance $914).37 Payments And Credits 0.00 Purchases + 0.00 Balance Transfer + 0.00 Cash Advances + 0.00 Interest charged + 0.00 Fees Charged + 0.00 New Balance 9.141.37 See Interest Charge Calculation section following transactions far detailed APR information Credit Line $9,500.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 Cashback Bonuse Anniversary Month December Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Carhbaek Senus Baltic" $ 0.00 To learn mare, log in m www.06cover.com 3 Easy Ways to Contact Us 1 Access your account securely at vvww.Discovereorn 2. Coll 1-800-DISCOVER (1.800.347-2683) Please have your Diacovere card available. 3. Write to us at Discover, PO Box 30943, Solt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Card Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347.7449. page 1 of 2 ember 22, 2010 Payment Information New Balance $9,141.37 Minimum Payment Due` $9,141.37 Payment Due Date December 17 2010 'Includes past due amount of $2,357.00 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 16.24% variable. Minenum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: yc7lJ `" a r+a' You will payoffthe fend you w --- a bolgnce shown on up P": OF) sting this cord and this statement in #*rnotoo:601 of, nt-A you pay. about: Only the minimum 13 years $9,141 payment If you would like information about credit counseling services, call 1.800.3471121 Manage Your Account Online at www.Discover.com • Access five online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone T69l99YIPons Trans. Post Fees TOTAL FEES FOR THIS PERIOD $ 0,00 interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2010 Totals Year-to-Date ? HIBIT TOTAL FEES CHARGED IN 2010 $ -8.00 TOTAL INTEREST CHARGED IN 2010 472.71 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVCfY Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovercom/pape&ss 02010 Distorer Bank. Member FDIC PAPER.0310 CO) O CI) Z O) D 0 0 0 N v v 9636321 Questions? Visit www.Diseuvw.com or DISCOVER call 1.800-DISCOVER (1-800-347-2683. DISCOVER EDISCAPIEN ? It PM to DANA GREGGS Account number ending in 3868 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE ??UPERCENTAGE BBALANSCE SSUB ECT TO INTEREST CHARGE RATE Purchases 11.24% V $0 $0 Cash Advances 20.99% $0 $0 V . Variable Rate Additional krrportast Information. See your Cordmoirnber Agroement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Cog 1-800.347-2683. 1116a/ To Do N You Think You Find A Mistake On Your Staternwo If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130.0421 In your letter. give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Mimion of Problem: IF you think there is an error on your bill, describe what you believe is wrong and why you believe it is a stake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in wri in . You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not them has been an error, the Following are true: We cannot try to coiled the amount in question, or report you a$ 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 rat haw to pay tM 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 lgiairh H You Are Dilim ilsBed Whir Your Credit Card Pi»rhases If you are dissatisfied with the goods 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 not 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 wig 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. P7?* You may pay ag or part of your Account balance at any time. Hovwwr you must pay at Isast the Minimum Dw bthayment De Dahon f this statement in the envelope Do not d sh8ize ua to use information on your check n electronic fund trans er Gam your account at Thre Financial institution indicated on your check or to process the payment as a check transaction. IF payment ?s processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an alechonic fund transfer funds may be withdrawn from your account as soon as the same day ws 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, eorrospondenes or other items with your payment, if you send the payment to anyy ether address or iF you use an envelope other than the one provided. Paymerrta received in proper form at our processing tociltty by SPM kxal time on arry dayy will be emdihd to your Account as of Ihat day. Paymenh received at our processing Facility aker 5PM kseoi time will be credited b Account as of the next toy. If you haw misplaced your envelope, send your payment to Discover, F'O Box 6103 Caroi Stream, IL 60197.6103. Please allow 7-10 days for delivery. if your payment is ratumed unpaid, we reserve the rig?it to resubmit it as an electronic debit. 9536321 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DIcCOVEa' You cap pay yyoour monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the tekephons or you can setup automatic payments through a customer service representative by calling 1-800.347-22683. Automatic payment will be deducted on the Payment Due Dale union you request a recurring payment date (e.g, t„a 15th ?y of the month) that occurs before your Payment Duo Date. If scheduled payment date Falls on a weekend or bank holiday, your payment will be processed the business day for to hhee weekend or bank holiday. In order to schedule moilldy paymnls pho you will need this statement and'yyour bank account information. You will be asked to provide the ksst four (4dti b of the social security number of the primary borrower. By providing those numbers as your ekectronic signature, you will be agreeing to this outharizahon to allow us and your bank to deduct each Went you outhorize, in the amount selected by you, from your bank account. You also authorize us to initials debit or c it entries to your bank account, as a?jicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-!100-347-2683 or by mail at Discover PO Box 30421 Sale Lake City, UT 84130-042 1, however we must receive notice at least three business days in advance of the scheduled payment. If your payments may Yary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will Ix. You must ensure that sufficient Funds are availob in your bank account, and all transactions must comply with U.S. law. You can set automatic payments for- (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus o fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment rs not on h to cover the Minimum Oyllsnt Due as listed on your monthly billing statement, your scheduled payment for that month will increased to cover the Minimum Payment Due. If the schedule=.* ent rs than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember IF-your achoduled payment is greater than tM New Balance on youi billing statement, that payment will be processed only for the amount of your Now Balance. Your automatic ppaayymment amount may be less than the amount indicated on the periodic statement based on credits or payments after the Closing Dale. 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 + $ ? Fixed Pay$ Bank Routing #: , Bank Account #: , Frequency: Credit RepellWe may report information about your Account to credit bureaus. Late payments, missed payments, or other dektults on your Account may be rell.cl in your credit r.ppoorrtt. We normally report the status and payment history of your Account to credit reporting agencies each month. If you belies. 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 Paying hoaesk We begin to impose Interest Charges on all transactions from the Transaction Date for the transadion shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is posted to your Account. We continue to impose Interest Charges until the date you pay our entire-Now Balance shown on your billing sfafemeM by making payments or receiving credIf you paid the eve Balance on your previous billing statement 6y the PaymaM Due Dale shown on That bill ing statement, sus will not im Interest Charges on new purchases, that is, purchases first appeorirg on the current billing statement, ar an?r portion ofrnew purchase, paid by the Payment Due Date to your current billlling statement. We toll this ?fis "grace period. It is not ksss tfnan 25 days. There is no brace period on balance transfers or cash adwncas. As more tufty described in the section of your Cardmember Agreement titled Flow We Apply Paymants'" we generally apply paymsnta to your Account based on the APR applicable to the balance of each tram non category This means thaF i7 you ddoo not pay the New Balance on 1M current billing statement by the Payment Due Data shown on Ihat bitting statement, then, depending on the amount of your payment and the APRs on other balances, you may rat get a grace period on new purchases. Annual Fee. IF your Account has an annual fee, it will be billed at the binning of each anniversary year your Account is open. The amount of the fee appear on the statement when the fee is b11led. Ths annual fee is not refundable unless you mill' us that you wish to dose your Account within 30 days of the mailing or delivery date of the statement on which the fee u Sited. You will receive this refund even if you use your Card during that period. How We Cokulale Interest Charges fey balance IW.dned (includig cur ord transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subjed to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these bolonces as transaction categories. • We figure the "daily baksnee" for each transaction category. To get the "daily balance" we take the beginning balance for each ?,, add any new transactions and fees and any Interest Charges accrued on the rovaus day's daily balance. We then subtract any credits and paymorts and make other adjustments (including those ad11jusmments required in the section tiled "Paying fnterost"). In cakukslirg the daJy balance for the first day of the billing period, we consider the "previous day's daily balance" to have been your balance on the lost day of your previous bulling period. This gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. • The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When we calculate daily balances, we add a new transaction as of the Transaction Dote shown on your billing statement, unless the transaction is posted to your Account after the close of the billt period in which it occurs, in which case the transaction will be added to the dabalance as of the first day of the bring period in which it is posted to your Account. All fees e to your Account are added to the standard purchase transaction ealq?ory with the exception of Cash Advance Fees whit are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Credit Balcmes. 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 offer 6 months, or as otherwise required by applicable law. For TDD (Telocarrnn unieetiens Device for the DeaA assistance, please eat 1-800.347-7449. Discover may monitor and/or record tolophone calls between you and Discover representatives for quality assurance PuVM321 The Discoverecard is issued by Discover Bank, Member FDIC O1TBKt72 Questions? Visit www.D6covw.com or call 1.800-DISCOVER (1.800-347.2683. DISCOVER 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 SzczvRiel, Leal 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# 9536321 Dana P. Greggs 6011002720463868 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor X ?yxt'? kt Z :U(??rr ? ?, to ,gip. j [73rf?t{t i P? e Ri r Discover Bank vs. Case Number Dana P. Greggs 2012-1882 SHERIFF'S RETURN OF SERVICE 04/02/2012 07:29 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 2, 2012 at 1929 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dana P. Greggs, by making known unto herself personally, at 6104 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 April 04, 2012 RONALD HOOVER, DEP TY SO ANSWERS, RON R ANDERSON, SHERIFF C') C:f IN THE COURT OF COMMON PLEAS CUMBE RLAND COUNTY, PENNSYLVANIA rnw 3 rn CIVIL DIVISION ZM 3- Discover Bank, Through Its Servicing Agent, ? Cr DB Servicing Corporation .CC7 -fl ,, Plaintiff w ma'r`,"4 VS. Civil Action No. 2012-1882 CIV-1 Lr, DANA P GREGGS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant DANA P GREGGS above named, in the default of an Answer, in the amount of $10975.85 computed as follows: Amount claimed in Complaint $9141.37 Less payments / adjustments made $0.00 Interest on the remaining principal balance from July 30, 2010 to May 14, 2012 Q the interest rate of 11.240% per annum $1834.48 Attorney's fees $0.00 TOTAL $10975.85 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS,CO., L.P.A. Matthew D. Ur an,90963 09536321 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 DANA P GREGGS 6104 WESTOVER DR MECHANICSBURG, PA 17050 4Il0S0 Pa ATr*1 l!I' IC151?3y( Ot a? 75 sa-9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent DB ServIckV0cqwWon PWMW vs. DANA P G3RE©GS ,1 Cass No. 2012-1582 CIVIL TO: DANA P GREG GS 6104 V"T R DR MECHANtC1RG3, PA 17050 Date of Notice: I %I t YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING NTH THE COURT YOUR DEFENIIIE8 OR O&MOTIONS TO THE CLANG SET FORTH AGAINST YOU. UNUMS YOU ACT WI'T'HIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDOMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT A04TS. 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 INFORMATI& ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WT1'H INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMSRLAND COUNTY BAR AUOCIATRNN 32 SOUTH NEDFM 6T1lilIET CARLISLE, PA. 17013 (717) 240--3166 WELTMAN, WEINBERG3 & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90863 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 " Phone: (412) 434-7056 (412) 338-7130 9536321 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. DANA P GREGGS Civil Action No. 2012-1882 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 , DANA P GREGGS 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: DANA P GREGGS 6104 WESTOVER DR MECHANICSBURG, PA 17050 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 unworn falsification to authorities. AF IANT Department of Defense Manpower Data Center %mbnd.May-tti2012O8.58.25 SCRA 2.1 *"ROW Pew fja SavicmpaA wr - av RaW Ad Last Name: GREGGS First Name: DANA Active Duty Status Date May-16-2012 AoetaaOg"Ooft arw. -- -,Ihrir w?rw 0" At^* D* On AWN ** SUM Oft NA No NA TMs rsspo w dN tdNdwW adM day Ofta tesad an ds Aadns D* ewes ow LA Aglw D* YV" 3V Drys d A*- Duty $ w. Dw NA No NA TMs NWQn S MWAb NtMra ds NidriduN Adr 8*0 d* aww WRIM 387 drys w•aaw ee Ado Duty ONtw Dab The AM bar or Nk** LAO WO NOW of • R*M C WKIp ID ABM D* an AcM Dua ek" oft NA No NA TMs roryona mMoM wMMir 11s isdvlduM ar MaRsr and hsantaMd any natlAOgbn b ntport rot sadtre dugs pon seardting the data banks of the DeDaronent of Deliense Manpower Data Center. based on the information that unu nmukind tho nhnw uz th- at t. n the individual on the active duty status data as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Forces, *X4A, Public Heaith, and Coast Guard). This status includes Information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Awt La"J- - A ?If- ,arr Mary M. Snavely-Dixon, Director Departrnent of Defense - Manpower Data Center 4800 Mark Center DO", 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 mil" medical ease and other eligibility systems. The DOD strongly supports the enforcement of the Serviosmembers Civil Relief Act (50 USC App. 1501 at 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 irdomwition indicating that the individual is currently an active duty" responses, and has experienced only a small error rate. In the event the Individual referenced above, or any family member, Orland, or representative asserts in any manner that the individual was on active duly for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the 'defenselink.mir URL: http:/AvNw.defwmo#nk.n*Maq/pWPCONWR.html. If you have evidenoe the person was on sobs 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 $0 USC App. § 521(c). If you obtain additional information 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 Ad'nre Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 307 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notiftaton to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Acute duty status as reported In fhb osrdticste Is defined In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of" active duty periods less than 30 consecutive days in length were available. In the case of a member of On National Guard, tlds includes service under a call to active service authorized by the President or the secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergenjcy declared by the President and supported by Federal funds. AN Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This Includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Admirisirsdor (RPAs). Active Duty status also applies to a Unifomsd Service mernber who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Cops). Coverage Under the SCRA is Broader in Some Cases Coverage ;under the SCRA Is broader in some cases and includes some categories of persons on active duty for purposes of the RCRA who would not be reported swan Active Duty under ids certificate. SCRA protections are for Tiffs 10 and Title 14 active duty records for all the UnNormed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined In accordance with 10 USC § 101(dxt ). Many times :orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this webeite certification should check tD make sure the orders on which SCRA protections one based have not been amended to extend the k?akisive 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 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 erroneous information will cause an erroneous certificate tD be provided. Report ID: 1606QU6KTH 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. 2012-1882 CIVIL DANA P GREGGS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the f lowing order of Judgmlent was entered against you on (xx) Assumpsit Judgment in the amount of $10975.85 plus costs. ( ) Trespass Judgment in the amount of $ plus casts. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspelnded 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 A rd Prothonotary By: DANA P GREGGS 6104 WESTOVER DR MECHANICSBURG, PA 17050 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N012-1882 Civil 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 DANA P. GREGGS, 6104 WESTOVER DRIVE, MECHANICSBURG, PA 17050 (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: BELCO COMMUNITY FCU, 5304 CARLISLE PIKE, MECHANICSBURG, PA 17050 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$10,975.85 Interest $164.19 Atty's Comm Atty Paid $189.75 Plaintiff Paid Date: AUGUST 27, 2012 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy Name :WILLIAM T. MOLCZAN, ESQ. 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 - _ - _. T _ - - R ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Plaintiff vs. ~.~.,.,`r~,, Civil Action No. 2012-1882 CIVIL DANA P GREGGS (p ~b~ ~~-°~" ~' ~ ~ 2Gh '~ ~ 70Sa Defendant(s) ~A n ~ ~ ~-~ d5 O BELCO COMMUNITY FCU S3o~{' C~,Y`5~ ~~~,~ \v"` 1 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 DANA P GREGGS ,Defendant 3. against BELCO COMMUNITY FCU, , ,Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): ~aq,~ a 0~ 38. ~ C~ 103.75 "" uu 1(.0 •~It u a- s° -~ a S~ ~ ~ 8~i• ~ z 3 ~ ~.:.~ ..},. 3 ~ _..,; ~ G') '"C7 - Z ~ ~~ ~ ~~ ~ <a -~ --i c~ z -~- m~ Zp ~ ~~+ ~ c'. S' Z -+r: , --~ ~ ~. ~ $ $10,975.85 $ $0.00 $ $164.19 $ $11,140.04 WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan, Esq~fe PA I.D. #47437 U WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 d,,a,a.as ~~e ~O. s . sou. ~!~• /O(c~g( I ~ a'~~P?o WWR No. 9536321 +,t • _ _ _ _ _ _ __ _ _ __ ~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Plaintiff No. 2012-1882 CIVIL vs. PSI ~ f (~~~ WR)~T OF 1~XECUTION DANA P GREGGS Defendant(s) BELCO COMMUNITY FCU 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. 9536321. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T.'Vlolczan, Esquire Attorney fo:r Plaintiff(s) I.D. No.47437 436 Seventh Avemue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax; 412.434.7959 File # 9536321 DISC'-OVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION CUMBERLAND County Court of Common Pleas vs. DANA P GREGGS, NO. 2012-1882 CIVIL and BELCO COMMUNITY CREDIT iJNION Garnishee{s) PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the above matter satisfied as to Garnishee(s), BELCO COMMUNIT~~' CREDIT UNION. , only. WELTMAN, WEINBERG & REIS CO.. I,.P.~~. B , ~ ~~,,~~= _ " , j~r~: William T. Molcz ,Esquire Attorney for Pla' t' ~ik-~ l b~ 1 ~d ~~~~a~7 11 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ELEb-QFF iwM THE PROTHON Jody S Smith �T,'�i x �` Chief Deputy 2013 APR —5 PM 3: 53 Richard W Stewart Solicitor OF14CEOF'tHESHERIFF CUMBERLAND COUNTY PENNSYLVANIA Discover Bank Case Number vs. Dana P. Greggs 2012-1$82 SHERIFF'S RETURN OF SERVICE 09/05/2012 01:07 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 5,2012 at 1304 hours,attached as herein commanded all goods, chattels, rights, debts, credits,and monies of the within named defendant,to wit: Dana P. Greggs, in the hands, possession,or control of the within named garnishee, BELCO Community Credit Union, 5304 Carlisle Pike, Mechanicsburg,Cumberland County, Pennsylvania,by handing to Emily Barrone,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 September 10,2012 to Dana P. Greggs at 6104 Westover Drive, Mechanicsburg, PA 17050. 0410512013 Ronny R.Anderson, Sheriff,who being duly sworn according to law,states this writ of execution is returned as STAYED. Plaintiffs attorney was able to collect$2,633.22 from defendant's Belco Community Federal Credit Union bank account. SHERIFF COST:$132.87 SO ANSWERS, I'll a April 05, 2013 "ROWTY R ANDERSON, SHERIFF c)t;ountvSute Sheriff.Teieosoft,thc. __- !I IIlIlw .y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-1882 Civil COUNTY OF CUMBERLAND), • ~ CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due DISCOVER BANK,THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Plaintiff(s) From DANA P.GREGGS,6104 WESTOVER DRIVE,MECHANICSBURG,PA 17050 (1)You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: BELCO COMMUNITY FCU,5304 CARLISLE PIKE,MECHANICSBURG,PA 17050 and to notify the garnishees)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS10,975.85 L.L.$.50 Interest $164.19 Atty's Comm % Due Prothy $2.25 Atty Paid $189.75 Other Costs Plaintiff Paid Date: AUGUST 27,2012 David D.Buell, rothonotary (Seal) Deputy REQUESTING PARTY: Name:WILLIAM T.MOLCZAN,ESQ. Address:WELTMAN,WEINBERG&REIS CO.,L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for:PLAINTIFF Telephone:412434-7955 TRUE COPY FROM RECORD Supreme Court ID No.47437 M Testimony whereof,l hem unto set my hand &W the seral of said Court Carlisle,P This 9n dsX of 20 #ho