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HomeMy WebLinkAbout12-3480 I 4 t.L i L jI,, ; ! ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. DANIEL R HOUTZ Defendant No : /;z - -3(I W (S*O,, , 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 09610284 C A Pit SJS 0 ?`lG3. 'rS -? (2K-:Ii- 105331 K' 07?? 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 DANIEL R HOUTZ 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 1024 E WINDING HILL RD MECHANICSBURG, PA 17055 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7547 . 6. Defendant made use of said credit card and has a current balance due of $10304.41 , as of March 31, 2012 . 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 9.990% per annum on the unpaid balance from March 31, 2012 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 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, DANIEL R HOUTZ INDIVIDUALLY in the amount of $10304.41 with interest at the rate of 9.990% per annum from March 31, 2012 until date of judgment and costs. 0, William T. Molczan 7437 WELTMAN, WEINBERG REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09610284 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! DISCOVER $0.00 $1,774.00 F'ayme Due Date --' April 28, 2012 30 SDSN6A01 0003552 DANIEL HOUTZ 1024 E WINDING HILL RD MECHANICSBURG PA 17055-6721 Account Number ending in 7547 Enter Amount Enclosed Below Text APP to DISCOV• to receive a link to our free mobile app and pay your bill in seconds from anywtwel PO BOX 6103 lllurllssrnnllnllnslunll CAROL STREAM IL 60197-6103 Address, e-mail or or print change in space above. EXHIBIT Go to vvww.Diseovevwrom or print change 0'00001986458391067689000000000000000177400 Opening Doll: March 13, 2012 - hosing Dale: Mard Discover More Card Account Summary Account number ending in 7547 Previous Balance $10,304.41 Payments And Credits 10,304.41 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged- + 0.00 Now Balance $0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $9,500.00 Credit Line Available $0.00 Cash Advance Credit Line $4,700.00 Cash Advance Credit Line Available $0.00 I .]V, [V 1 L page 1 Or A Payment Information New Balance $0.00 Minimum Payment Due $1,774.00 Payment Due Date April 28, 2012 Late Payrrmd 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 $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penally APR of 14.99% variable. Manage Yaw Account Online at www.Diswvw.com • Securely access statements and free online toots, pay bills online and track and view all transactions simply and easily • Make your money worth moreSM -find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone 3 Easy Ways to Contact Us Cd5 i$Of1U5e 1 Access your account securely of www.Discavw.com Anniversary Month 2. Cal 1-8004NSCOVER (1.800.347.2683) September Please have your Discoverecard ovailable Opening Coshback Bonus Balance $ 0.00 3. Write to us at Discover PO Box 30943, Sant Lake City, UT 841'30 (Nat a payment address) Now Cashback Bonus This Period + 0 - For payments, please send to address on remittance or Caslosoclk Bonus done $ 0.00 Discover, PO Box 6103, Carol Stream, IL 60197.6103 To korn more, lag in al www.Discovw.com For TDD (telecommunications Device for the Deaf) assistance, please call 1-800.347-7449. Transactions Trans. Post Daft Dale Payaknts and Credih Mar 31 Mar 31 INTERNAL CHARGE-OFF $ 1 0,304.41 Fees TOTAL FEB FOR THIS PERIOD $ 0.00 Interest Charged TOTAL WHEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Orate TOTAL FEES CHARGED IN 2012 $ 105.00 TOTAL INTEREST CHARGED IN 2012 251.71 961'0284 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION WNW DISCOVER ! Irp?,ro DANIEL HOUTZ DISCUVER I Account number ending in 7547 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current 88ing Period: IS days TYPE Of BALANCE ANNUAL PERCENTAGE IBA R SUBJECT TO INTEREST CHARGE EST RATE RATE Purchases 9.99% V $0 $0 Cash Advances 20.99% $0 $0 V - Variable Rate Additiwspl inportont )reformation See your,! Cardmenrbw Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or s}oien cards. Report immediately) Cal 1-600347-2683. what 1j2 Do N You ffik k rou Firer A Alktake 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: Yaw name and account number Dollar amount: The dollar amount of the suspected error. Descri?on of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe It u a misfa?- 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 call us, but if you do we are not required to investigate any potential errors and you may have to pay amount in question. While we investigate whether or not there has been an error, the following are true: 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 ws determine that in mode 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 are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Wts N You M Dissatis&d With Your Credit Card Purchases 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: I 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 fuRy 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 hake Ci yf , UT 84130A945 While we investigate, the some rules apply to the disputed amount as discussed above. Aker 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 may pay 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 provided. Do not send cash. BY 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 03 a check transaction. If pa ent is processed as on electronic fund transfer the transfer will be for the amount of the efck. When we use information From your check to make an electronic Fund tran36, 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 insttution. f your payment may bs delayed if you send cosh, correspondence or other items with your payment, if you sena payment o any other address or if you use an envelope other than the one provided. Payments recervsd m proper forour processing facility by SPM locd time on any d will bs credited to your Account os of that day. Payments "0! recid of ow procsssmg facili aker 5PM local time will credited to ur Account as of the next day. IF you have mispbked your envelope, send your payment to Discover PO Boz 6103 Card Sheam, IL 60197 b 103. Plsass allow 7.10 days for delivery. IF your payment is returned unpaid, we reserve Ins rig?if fo rswbmit if as an elechonic debit. 961!0284 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER You con pay monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over tke t or you can setup automatic payments through a customer service r"senfative by calling 1-800+347- 683. Automatic payments will be deducted on the Payment Due Date unless you request o recurring payment date (i.g. the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment date falls on a weakelnd or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments t you will need this statement and your bank account information. You will be asked to vide the last four (4 will be of ifro 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 poymerd you authoriize, 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 aappppl?icable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at ,7 347-2683 or by mail at Discover, PO Box 30421 Salt Lake City UT 84130A421, however we must r rive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we wi I roll you on each monthly billing statement when your payment will bs mode and how much it will be. You must ensure that s (ficient funds are available 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 Paym nt Due plus a fixed dollar amount, or (iv) a fixed dollar amount. IF your scheduled fixed payment is not enough to cover the M nimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will Be incr to cover the Minimum Payment Due. If the scheduled payment is reater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. If your scheduled payment is greater than the New Balance on youi billing statement, that payment will be weed only for the amount of your Now Balance. Your automatic payment amount may bs less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. IF you lenroll 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 Pays Bank Routing #: , Bank Account #: Frequency: Credit Reporting. We may report information about your Account to credit bureaus. taro payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status 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, homeltelephone number and Account number Palm b ftm*. We begin to impose interest charges on a transaction fee or interest charge from the day we add it to the doily ?wlance. We c mue to impose interest charges unfil you pay tie total amount you owe us. You can avoid pying interest on Purchases as described b However. you cannot avoid paying interest on Balance Transfen or Casa Advances. How to Avoid Paving Interest on PurchasesLGrace Period"1 It you, paid the Now nce on your previous billing stoma a mrt by the Payment Due Data shown on that billing statement, we will not impose interest charges on new Purchases or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current billing statement. How 1Ne Apolv Paymerds Mw Impact Your Grace Period It youl ddao not pay your ew once to each month, en, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. Now We CaWob Interest Charges Daly Balcince "ad (inducting current transactions): We calculate interest charges each billin period by first figuring the "daily balance" for each Transaction Category. Transaction Cateeggorsrries include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Trori s. How We Fig" dw Daily Salience for Each Transaction Category We start with the beginning balance for each day. The beginning balance for the first day of the billing period is your balance on the last day of your previous billing period We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add 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 Figim Your Total bared Charges We multiply the clai?y balance for each Transaction Category by its daily periodic rate. We do this for each day in the billin period. 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 Inc" Fees We odd Balance Transfer Fees to the applicable Balance 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. Subject to bowed Rent. Your statement shows a Balance Subject to Interest Rate. It shows this for each hen on category. The Balance Subject to Interest Rote is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, Rre 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 opens. We will send you a refund of any remaining bakince of $1.00 or more after 6 months, or as otherwise required by applicable law. For TDD (Telecommunications Device for the Deaq assistance, please call I.800.347.7449. Q402% monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discoverecard is issued by Discover Bank, Member FDIC RZN1`E001 Questions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER (1-800-347.2683. Paperless statements mean less clutter, more convenience j 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. ?I • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. I i • Sign up today of Discovercom/poperless I ®2010 Discover Bank, Member FDIC PAPER.0010 O z2 to D C?_ g 0 N N N X N 9610284 Qu9stions? Visit www.Dinover.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 unsworn falsifications to authorities, that she is Natasha Szczygiel, 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. 9 t ? r 7 (Signature) WWR# 9610284 Daniel R. Houtz 6011002287667547 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ='ENNSYL VANIf, Discover Bank VS. Daniel R. Houtz Case Number 2012-3480 SHERIFF'S RETURN OF SERVICE 06/04/2012 03:45 PM - Ryan Burgett, Deputy Sheriff, who being duly swom according to law, states that on June 4, 2012 at 1545 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daniel R. Houtz, by making known unto himself personally, at 1024 E. Winding Hill Road, 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: $38.00 June 06, 2012 <" RYAN BUR , SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. No.: 12-3480 Plaintiff: Discover Bank, Through Its Servicing Agent, DB Servicing Corporation C/O William T. Molczan, 47437 Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg, PA 15219 vs. Defendant: Daniel R Houtz In response to your letter to me dated June 1, 2012 and received on June 6, 2012, I hereby dispute your claim and request validation of the alleged debt. Please provide competent documentation, from the original creditor, that I have any legal obligation to you for any debt, including any interest, late fees or other charges that you are claiming, agreed to in your contract, and lawfully charged. I also insist that you show proof of a contract, account statements and purchase receipts to prove the amount of the debt. Lastly, I hereby request no telephone contact be made by your offices to my home, cellular phone, workplace phone, and telephone numbers of my family or friends. All future communications MUST BE DONE IN WRITING as telephone calls are inconvenient for me. Sincerely, Daniel R Hou In the Court of Common Pleas Of Cumberland County, Pennsylvania Civil Division Docket No.: 1.2-3480 Plaintiff: Discover Bank, Through Its Servicing Agent, DB Servicing Corporation C/O William T. Molczan, 47437 Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg, PA 15219 vs. Defendant: Daniel R Houtz Defendant(s) Brief OBJECTIONS TO CONTRACT CLAIMS - ?a The Complaint references a credit agreement or contract. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). Although the Complaint references a credit agreement or contract, no copy of a signed agreement or contract is attached thereto. The foregoing amounts to a violation of Pa. R.C.P. 1019(i). Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for failure to conform to Rule of Court 1019(i). Furthermore, as in Commonwealth Financial Systems v. Hartzell, 2010 WL 5943551 (Pa. Com. PI. Oct. 19, 2010), the Court held that "[P]laintiff has not provided any indication that the terms set forth in the card agreement with the copyright date of [2010] contains the identical terms and conditions agreed upon by the [D]efendant (when application was made) or whether the [D]efendant had accepted these updated terms." Without averment or proof of the agreed upon terms there are no contractual terms for the Court to enforce and thus there is a genuine issue of fact for this case to be tried by the Court. Further, the failure to produce the original Card Member Agreement establishes a valid defense to the action. Accordingly, Plaintiff's inability to produce the original Card Member Agreement or state why the original agreement cannot be provided creates a genuine issue of material fact or law and thus Plaintiff's Motion for Summary Judgment muse: be denied. OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY Pa. R.C.P. 1019(f) requires, inter alina, that items of special damage be pled with specificity. In the context of a credit card case, items of special damage, which are to be specifically pled, include the dates and amounts of charges, fees, fines, interest, and the like. In the context of a credit card case, the requirements of 1019(f) are normally met by attaching copies of an un- interrupted chain of credit card statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. Furthermore as in Citing Marine Bank, 25 Pa. D. & C.3d at 267-69. A "defendant is entitled to know the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items he can admit and what items he can contest." Defendant received a copy of a Card Member Agreement, but it is a generic card member agreement, not an agreement dated from at least October 13, 2006, upon which is the date listed on the first statement of Exhibit 1. The generic Card Member Agreement is dated January 11, 2011. Plaintiff states defendant: is in default by failing to make monthly payments. Plaintiff has failed to prove defendant has personally made any payments on the Discover Credit Card. Moreover, nowhere in Ms. Szycygiel's Verification does the plaintiff set forth that the business records the plaintiff bases information upon was transmitted by a person with personal knowledge. Ms. Szycygiel does not identify herself as the custodian of the business records, nor does she identify by name or otherwise the type of person working for the business who had firsthand knowledge of the charges and initially received, recorded, or transmitted the information that ultimately appeared on the credit card statements. Rather, the verification merely sets Forth that she is authorized to make a verification not that she personally reviewed the financial information concerning the Discover credit card in question and is personally familiar with the records, electronic date and account specific information belonging to Discover. Ms. Szcyzgiel's verification appears to be made upon information and belief, offered for the truth of the matter asserted, and therefore constitutes hearsay. The Complaint references that DB Servicing Corporation is the servicing affiliate for Discover Bank, f/d/a Greenwood Trust Company, an FDIC-insured Delaware State Bank. According to the statements in Exhibit 1, payments for Discover credit cards are sent to Charlotte, NC. Ms. Szycygiel is associated with DB Servicing Corporation in Columbus, OFI. It is respectfully submitted that neither the Complaint, nor the documents attached thereto, specifically plead the items of special damage underlying the case. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019(f), and the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, the plaintiff has failed to meet its burden of proof and summary judgment should be denied. Respectfully Submitte Daniel R. Houtz Enclosures (8) No.: 12-348o Plaintiff: Discover Bank, Through Its Servicing Agent, DB Servicing Corporation C/0 William T. Molczan, 47437 Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg, PA 15219 VS. Defendant:: Daniel R Houtz This letter is to confirm the receipt of a packet containing statements from November, 20o6 to April, 2012 and a copy of a Card Member Agreement with a copyright date of 2011, five years after the date on the first statement. A signed Card Member Agreement has not been produced, or whether this particular Card Member Agreement was even in effect during the time the charges were allegedly incurred. The agreement submitted by the Plaintiff for consideration is nothing more than a generic card member agreement, which does not provide any relationship relating to the contract allegedly entered into. There has been no explanation as to why the initial Card Member Agreement had not been produced, or whether, this particular Card Member Agreement was even in effect during the time the charges were incurred. The agreement submitted by the Plaintiff for consideration by the Court is nothing more than a generic card member agreement, which does not provide any relationship relating to the contract allegedly entered into. Without averment or proof of the agreed upon terms there are no contractual terms for the Court to enforce and thus there is a genuine issue of fact for this case to be tried by the Court. Further, the failure to produce the original Card Member Agreement establishes a valid defense to the action. Accordingly, Plaintiffs inability to produce the original Card Member Agreement or state why the original agreement cannot be provided creates a genuine issue of material fact or law and thus Plaintiffs Motion for Summary Judgment must be denied. Sincerely, aniel R o #1 Denied: To the extent that the plaintiff has not produced the "contract" for examination to which they refer in the request, defendant denies any such application. #2 Objection. Lacks foundation. Plaintiff has provided no admissible evidence that defendant was "provided" with a credit card from stated creditor. #3 Admit: The address listed on the statements is the address of which I reside. Objection: Lacks foundation and is presumptive, as it incorrectly assumes facts not in evidence, specifically that defendant ever "requested", "received" and "used" a credit card "provided" by stated creditor and received alleged monthly statements. #4 OBJECTION. Lacks foundation and is presumptive, as it incorrectly assumes facts not in evidence, specifically that defendant ever "requested", "received" and "used" a credit card "provided" by stated creditor. #5 OBJECTION. Lacks foundation and is presumptive, as it incorrectly assumes facts not in evidence, specifically that defendant ever "requested", "received" and "used" a credit card "provided" by stated creditor. #6 DENIED to the extent that the existence of the credit card referenced (and the referenced account connected thereto) has not been established as fact. Therefore, no such obligation on the part of the defendant exists. #7 DENIED to the extent that monthly statements are after the fact and do not constitute "agreement." They constitute a recitation of alleged charges, and interest applied at a rate previously agree to. Since plaintiff has not produced the "contract" to which they refer in this request, defendant denies any such agreement. #8 DENIED to the extent that monthly statements are after the fact and do not constitute "agreement." They constitute a recitation of alleged charges, and interest applied at a rate previously agree to. Since plaintiff has not produced the "contract" to which they refer in this request, defendant denies any such agreement. #9 OBJECTION. Compounded, confusing, and lacks foundation. No admissible evidence has been provided which links defendant to the credit card balance referenced. Additionally vague, as the request does not specify to whom any such notification may or should have been made. REQUEST FOR ADMISSION NO. 1: Defendant applied for the credit card referenced in the Plaintiffs Complaint. Admitted. Denied If the answer to Request for Admissions No. 1 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 2: Defendant received and used the credit card referenced in the underlying action. Admitted Denied If the answer to Request for Admissions No. 2 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 3: Defendant resides at the address listed on the monthly statements dated October 13, 2006 through March 30, 2012 and attached to these requests as Exhibit 111.11 Admitted Denied If the answer to Request for Admissions No.3 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request and identify the Defendant's addresses and the dates that Defendant resided at the said address. REQUEST FOR ADMISSION NO.4 The purchases and/or balance transfers and/or cash advances listed on the monthly statements attached hereto as Exhibit "1" are correctly identified for the underlying credit account. Admitted Denied If the answer to Request for Admissions No. 4 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 5: The payments and/or credits listed within the monthly statements attached hereto as Exhibit "1" are correctly identified for the underlying credit account. Admitted Denied If the answer to Request for Admissions No. 5 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 6: Defendant has made no payment on the credit card since August 04, 2011. Admitted Denied If the answer to Request for Admissions No. 6 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 7: The credit card account which is the subject of the underlying action accrued interest at a variable rate. Admitted Denied If the answer to Request for Admissions No. 7 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 8: The interest rates listed within the monthly statements attached hereto as Exhibit "1" correctly identify the interest rates for the underlying credit account. Admitted. Denied If the answer to Request for Admissions No. 8 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 9: Defendant has not submitted any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied If the answer to Request for Admissions No. 9 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 10: $10,304.41 is a correct and accurate current balance of the credit card account in question as of March 31, 2012. Admitted Denied If the answer to Request for Admissions No. 10 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPO . Sarah E. Ehasz, Esquire Pa. I.D. #86469 Weltman, Weinberg & R is o., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR:9610284 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVd�h]IA, CIVIL DIVISION c --i cN.tt `--.t ca DISCOVER BANK,THROUGH ITS ----•n SERVICING AGENT,DB SERVICING CORPORATION Plaintiff Case No.: 12-3480 CIVIL TERM TYPE OF PLEADING VS. PRAECIPE FOR JUDGMENT PER ORDER OF COURT DANIEL R HOUTZ FILED ON BEHALF OF: Defendant. Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan,Esquire PA I.D.#47437 Weltman, Weinberg&Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR#09610284 $11268.93 #110•5o Pb AY"x f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK,THROUGH ITS SERVICING AGENT,DB SERVICING CORPORATION Plaintiff Case No.: 12-3480 CIVIL TERM VS. DANIEL R HOUTZ Defendant. PRAECIPE FOR JUDGMENT PER ORDER OF COURT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant,DANIEL R HOUTZ, in the amount of$11268.93 computed as follows: Amount Awarded: $10304.41 Interest at the interest rate of 9.99% $964.52 From March 31,2012 to March 8,2013 TOTAL: $11268.93 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG&REIS,CO., L.P.A. By. William T Molczan, E ire PA I.D.M47437 �1 Weltman, Weinberg&Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 Plaintiffs address is: c/o Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh,PA 15219 And Defendant's address is: 1024 E WINDING HILL ROAD,MECHANICSBURG,PA 17055 ;1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities,that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or, non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN,WEINBERG&REIS CO.,L.P.A. �),J' � By. to William T Molczan,Esquire PA I.D.#47437 ; Weltman, Weinberg&Reis Co.,L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR#09610284 +�`s DISCOVER BANK, through its servicing agent, DB SERVICING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT DANIEL R. HOUTZ, Defendant 2012-03480 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO AND PLACEY, JJ. ORDER OF COURT AND NOW, this 2"d day of January 2013, upon consideration of Plaintiff's Motion for Summary Judgment, and review of Plaintiff's Complaint, Defendant's letter that Plaintiff indicates is Defendant's Answer to the Complaint, and the,unanswered Request for Admissions, together with the lack of any opposition to this motion, the Motion for Summary Judgment is GRANTED, Judgment is entered in favor of Plaintiff, in the amount of$10,304.41 rniith interest at the rate of 9.99% per annum from 31 March 2012,together with the cost of this civil action. BY THE COURT, Thomas A. Placey C.P.J. Sarah E. Ehasz, Esq. ' Daniel R. Houtz, pro se )MOT 94 91q IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK,THROUGH ITS SERVICING AGENT,DB SERVICING CORPORATION Plaintiff Case No.: 12-3480 CIVIL TERM Vs. . � DANIEL R HOUTZ Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx)Defendants ( )Garnishee You are hereby notified that t e following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of$11268.93,plus interest at 9.99%per annum,plus costs. ( ) Trespass Judgment in the amount of$ 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 (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration A ( ) By Consent Prothonotary DANIEL R HOUTZ 1024 E WINDING HILL ROAD MECHANICSBURG,PA 17055 By: PROTHONOTARY(OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK,THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff C cis --n w "{ vs. Civil Action No. 12,3480 CIVIL TER Fn- -0 DANIEL R HOUTZ Defendant(s) �"'p =-n AMERICHOICE FCU o� �h VrQeh �a1So IS w °m Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION o TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against DANIEL R HOUTZ , Defendant 3. against AMERICHOICE FCU, , ,Garnishee 4. Judgment Amount $ $10,304.41 Less Payments/credits received $ $0.00 Interest $ $37.27 Costs $ SUBTOTAL: $ $10,341.68 Costs(to be added by Prothonotary): $ WELTMAN,WEINBERG&REIS CO., L.P.A. I-A 1A By: jjk- William T. Molczan,Esquire aq. a Q PA I.D.#47437 ` - WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building C It 436 Seventh Avenue Pittsburgh,PA 15219 1 ( s << (412)434-7955 JA 11a � .ash � LL . 56GL WWR No. 9610284 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff No. 12-3480 CIVIL TERM VS. PRAECIPE FOR WRIT OF EXECUTION DANIEL R HOUTZ Defendant(s) AMERICHOICE 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. 9610284 i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-3480 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 DANIEL K.HOUTZ,1024 E.WINDING HILL ROAD,MECHANICSBURG,PA 17055 (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: AMERICHOICE FCU,20 SPORTING GREEN DRIVE,MECHANICSBURG,PA 17050 and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishees) 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$10,304.41 Plaintiff Paid$ Interest$37.27 Attorney's Comm. % Law Library$.50 Attorney Paid$207.00 Due Prothonotary$2.25 Other Costs$ Date: 4/12/13 David D.Buell,Prothonotary By 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:412434-7955 Supreme Court ID No.47437 0 I PROTI-10NO TARP '2013 HAS' 15 PH 1: 48 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER.BANK, THROUGH ITS SERVICING AGENT,DB SERVICING CORPORATION Plaintiff No. 12-3480 CIVIL TERM VS. PRAECI.PE FOR JUDGMENT AGAINST GARNISHEE DANIEL R HOUTZ Defendant AMERICHOICE FCU Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan Esquire PA I.D.#47437 Weltman, Weinberg&.Reis Co.,L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 1.5219 (412)434-7955 WWR#09610284 S1 U.S Ot �Lif 11x95&u'r} 12 -� qbs-?-? S 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. 12-3480 CIVIL TERM DANIEL R HOUTZ Defendant AMERICHOICE FCU Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee,AMERICHOICE FCU , in the amount of$355.68,which is less than 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: I William T Molczan Es re PA I.D.#47437 Weltman, Weinberg&Reis Co.,L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR#09610284 I hereby certify that the address of the Plaintiff is: c/o Weltman,Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7�h Avenue,Pittsburgh,.PA 15219 And that the last known address of the Garnishee is: 20 SPORTING GREEN DRIVE,MECHANICSBURG, PA 17050 r _ EP. AmeriChoice ` FEDERAL CREDIT UNION Building Relationships For Life DISCOVER BANK VS CIVIL ACTION NO. 12-3480 CIVIL TERM DANIEL R. HOUTZ INTERROGATORIES IN ATTACHMENT 1. Yes—funds on deposit 1 a. 442140013 —Individual Checking$593.89 442110001 —Joint Savings $397.02 with Spouse 442110013 —Joint Checking$0.01 with Spouse 442100001 —Joint Savings $0.04 with Spouse 442100013 —Joint Checking $1002.93 with Spouse 449570001 —Joint Savings $0.14 with Son 449570011 —Joint Checking $61.65 with Son 2. No 3. No 4. No 5. No 6. No 7. 442110013 - $75.00 electronically deposited bi-weekly from DHC USA - Payroll 442100013 —average deposit of$496.00 deposited bi-weekly from DHC USA—Payroll 449570011 —average deposit of$500.00 deposited bi-weekly from Best Buy Stores - Payroll 8. No 9. 4/17/2013 9:35 AM 10. 4/17/2013 9:50 AM 11. In the 60 days prior to receiving the Writ the following non-exempt deposits were made: 442100013 - $11,252.00 449570011 - $532.00 442140013 - $653.60 12. Wages are not included in the dollar amount in#11. Taking the $300 exemption the non- exempt funds on deposit would be $1,755.68. q � 1 C� 2 � Main Office:2175 Bumble Bee Hollow Road •Mechanicsburg, PA 17055 •Phone:(717)697-3474 • Fax: (717) 697-3713 Website:www.americhoice.org Equal � FSC responsible sources Opportunity, FSC'CO21197 ® LENDER LE NDDER ER CREDIT UNIONS' LENDER Respectfully, Bonnie R. Seagraves Operations Specialist AmeriChoice Federal Credit Union 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 Phone (717) 591-1282 Fax (717) 697-3713 Email bseaaravesgameri choice.org T , William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 i b WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-34$0 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 DANIEL K.HOUTZ, 1024 E.WINDING HILL ROAD,MECHANICSBURG,PA 17055 (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 Ievied upon in the possession of GARNISHEE(S)as follows: AMERICHOICE FCU,20 SPORTING GREEN DRIVE,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; (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$10,304.41 Plaintiff Paid$ Interest$37.27 Attorney's Comm. % Law Library$.50 Attorney Paid$207.00 Due Prothonotary$2.25 Other Costs$ Date: 4/12/13 (Z�j 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 "P!IE COPY FRONT RECORD in Y.-s:'mony whereof,1 here unto set my hand =:ea1 of said Co rt_at Carlisle,Pa. _._ day of—� .20 /3 Protho otary e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA DISCOVER BANK, THROUGH ITS CIVIL DIVISION SERVICING AGENT,DB SERVICING CORPORATION Plaintiff VS. Civil Action No. 12-3480 CIVIL TERM DANIEL R HOUTZ Defendant AMERICHOICE FCU Garnishee NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff ( )Defendant (xx)Garnishee You are hereby notified that the following Order or Judgment was entered against you on ap�'3 (xx) Assumpsit Judgment in the amount of$355.68 plus costs. ( ) Trespass Judgment in the amount of$ 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: Americhoice Fcu PROTHONOTARY(OR DEPUTY) 20 Sporting Green Drive Mechanicsburg,Pa 17050 WELTMAN,WEINBERG & REIS CO.,L.P.A. CD BY: William T Molczan,Esquire Attorney for Plaintiff(s) c-) _ G ra I.D.No.47437 436 Seventh Avenue, Suite 1400 rn` c-- Pittsburgh,PA 15219 - Phone: 412.434.7955 Vic: Fax: 412.434.7959 —0 o File#9610284 C:)r:� DISCOVER BANK THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Cumberland County Court of Common Pleas VS. DANIEL R HOUTZ NO. 12-3480 CIVIL TERM and AMERICHOICE FCU Garnishee(s) PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), AMERICHOICE FCU,only. WELTMAN, WEINBERG&REIS CO.,L.P.A. By OAA William T MolczW Esquire Attorney for Plain iff 5 �2'� aq�yae SHERIFF'S OFFICE OF CUMBERLAND COUNTY .Anderson THE Ei�' j#'i ;.. if THE PROTHOO N lA `. of Co lobe 14'to di t S Smith AN g , � 2013 NOV -6 10: 514 Richard W Stewart CUMBERLAND COUNTY Solicitor oF THE SFPJF=' PENNSYLVANIA Discover Bank Case Number vs. 2012-3480 Daniel R. Houtz SHERIFF'S RETURN OF SERVICE 04/17/2013 09:36 AM -Stephen Bender, 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,AmeriChoice Federal Credit Union, 20 Sporting Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Rebekka Dunn, Account Representative, personally three true and attested copies of the Writ of Execution and interrogatories and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 22, 2013 to Daniel R. Houtz at 1024 E Winding Hill Road, Mechanicsburg, PA 17055. 11/05/2013 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. Plaintiffs attorney filed a Notice of Judgment or Order;Assumpsit Judgment in the amount of$ 355.68 plus costs against garnishee Americhoice FCU. SHERIFF COST: $98.32 SO ANSWERS, 7011, November 05, 2013 RONI\W R ANDERSON, SHERIFF - S` t�/i - CC,.. S ) L-( p d' 0 -)sof nC. 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. 12-3480 CIVIL TERM DANIEL R HOUTZ r ; Defendant(s) WELLS FARGO BANK -C:3 C--- i n r rn AMERICHOICE FCU mC-- . ; Garnishee(s) �',< -cP 1:=: PRAECIPE FOR WRIT OF EXECUTION s -ra TO THE PROTHONOTARY: N ' .�.,. Kindly issue a Writ of Execution in the above matter... -< " 1. directed to the Sheriff of CUMBERLAND County: 2. against DANIEL R HOUTZ , Defendant 3. against WELLS FARGO BANK, AMERICHOICE FCU, , Garnishee 4. Judgment Amount $ $10,304.41 opt*I y`--is Less Payments/credits received $ $355.68 1 Pre judgment Interest from 3/31/12 through 3/25/13 at 9.99% $ $1,012.48 Post Judgment Interest from 3/25/13 through 12/10/13 at 6% $ $440.40 Costs $ SUBTOTAL: $ $11,401.61 Costs(to be added by Prothonotary): $ L.'"' WELTMAN, WEINBERG& REIS CO., L.P.A. By: l a W illiam T. Molczan squire �jg dU l` PA I.D. #47437 c1$„ %2 ti c' WELTMAN, W NBERG & REIS CO., L.P.A. (07 .-)S�+ tt I i 1400 Koppers Building 436 Seventh Avenue 1. 7 S" L` Pittsburgh,PA 15219 u l t (412)434-7955 1l0 sp�Ct lt SO C:-.''''i...1.---.. ---i: --)C1 Li Cab3 6)) 1)3399 Lo �p,(a'� W R No 9610 4 ,z., rl 4/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK,THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff No. 12-3480 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) L— DANIEL R HOUTZ Defendant(s) WELLS FARGO BANK AMERICHOICE 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. 9610284 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-3480 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 DANIEL R. HOUTZ, 1024 E. WINDING HILL ROAD,MECHANICSBURG,PA 17055 (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: WELLS FARGO BANK,604 E. HIGH STREET,CARLISLE,PA 17013 AMERICHOICE FCU,20 SPORTING GREEN DRIVE,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; (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$9,948.73 Plaintiff Paid$ Interest PRE-JUDGMENT INTEREST FROM 3/31/12 THROUGH 3/25/13 AT 9.99%-$1,012.48 POST-JUDGMENT INTEREST FROM 3/25/13 THROUGH 12/10/13 AT 6%-$440.40 Attorney's Comm. % Law Library$ Attorney Paid$360.32 Due Prothonotary$2.25 Other Costs$ Date: JANUARY 28, 2014 , David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : WILLIAM T.MOLCZAN,ESQUIRE Address: WELTMAN,WEINBERG&REIS CO.,L.P.A. 1400 KOOPERS 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 R Anderson Lt-1J p.;i =r,' . Sheriff : THE PROTHONO iA3? ',ti\a6 hr 3J ,L U M Jody S Smith a. Chief Deputy 2014 FEB `4 PM 1: 59 Richard W Stewart CUMB BLAND COUNTY Solicitor PENNSYLVANIA Discover Bank vs. Case Number Daniel R. Houtz 2012-3480 SHERIFF'S RETURN OF SERVICE 01/30/2014 10:16 AM -Jamie DiMartle, 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,AmeriChoice Federal Credit Union, 20 Sporting Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Carrie DeHart, Head 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 defendant was mailed on January 31, 2014 to Daniel R. Houtz at 1024 E Winding Hill Road, Mechanicsburg, PA 17055. A : • silk: J E DIMARTLE, UTY SO ANSWERS, January 31, 2014 RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY LLU-0 =�IC Ronny R Anderson ;; - THE PRO T HO o AI ,, Sheriff Jody S Smith ,f , rf,r 2014 FEB -4 MM 1: Chief Deputy CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor Discover Bank vs. Case Number Daniel R. Houtz 2012-3480 SHERIFF'S RETURN OF SERVICE 01/30/2014 09:40 AM -Jamie DiMartle, 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, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Kristen Darhower, 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. i� A ■Mil . J��E DIMARTL i''PUTY SO ANSWERS, January 31, 2014 RONNY R ANDERSON, SHERIFF iL F 1 C.L WELTMAN, WEINBERG & REIS CO., L.P.A. 1HE PRO II-ION° TAR Y BY: Matthew D Urban, Esquire Attorney for Plaintiff(s) I.D. No. 90963 2011I MAR 12 PM 2: 02 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 CUNBER.LAND .COUNTY Phone: 412.4343955 PENNSYLVANIA Fax: 412.434.7959 File # 9610284 DISCOVER BANK THROUGH ITS SERVICING AGENT DB SERVICING CORPORATION Cumberland County Court of Common Pleas vs. DANIEL R HOUTZ NO. 12-3480 CIVIL TERM and WELLS FARGO BANK AND AMERICHOICE FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), WELLS FARGO BANK AND AMERICHOICE FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D Urban, Esquire Attorney for Plaintiff 9q9pd 01A-115:09a,,c 12,ii 2cy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE P ROTHO f),1 o .. 70114 AUG 29 Pini 2: 02 CUMPENN YLVANIA'' T OFFICE. OF TRE SKRIFF Discover Bank vs. Daniel R. Houtz Case Number 2012-3480 SHERIFF'S RETURN OF SERVICE 01/30/2014 09:40 AM - Jamie DiMartle, 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, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Kristen Darhower, 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. 01/30/2014 10:16 AM - Jamie DiMartle, 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, AmeriChoice Federal Credit Union, 20 Sporting Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Carrie DeHart, Head 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 defendant was mailed on January 31, 2014 to Daniel R. Houtz at 1024 E Winding Hill Road, Mechanicsburg, PA 17055. 08/27/2014 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. However, plaintiffs attorney did file a notice of assumpsit judgment in the amount of $ 355.68 against garnishee Americhoice FCU . SHERIFF COST: $153.93 SO ANSWERS, August 27, 2014 RONNY R ANDERSON, SHERIFF X744- 3 j ,r 3 (c) CountySuite Sherif, Teleosoft, Inc.