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HomeMy WebLinkAbout12-3513IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. ?^1 jj C- PENNSYLVANIA No : la- .3513 oivd -01'm COMPLAINT IN CIVIL ACTION TIMOTHY A KLINE 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: 412-338-71.30 09571375 C A Pit SJS \v 4103.75 PON1/ V--a7(o/7a 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 TIMOTHY A KLINE 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 '715 2ND ST NEW CUMBERLND, PA 17070 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9726 . 6. Defendant made use of said credit card and has a current balance due of $11854.23 , as of August 31, 2011 . 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Plaintiff is entitled to the addition of interest at the rate of 28.990% per annum on the unpaid balance from August 31, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111". 9. Although repeately requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, TIMOTHY A KLINE INDIVIDUALLY , in the amount of $11854.23 with interest at the rate of 28.990% per annum from August 31, 2011 until date of judgment and costs. tlIX William T. Molczan, 437 WELTMAN, WEINBERG V)ZEIS CO., L.P.A. 436 Seventh Avenue Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09571375 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. DISC _:'VER New Balance Minimum Payment Due 511,854.23 $11,854.23 Payment Due Dale DUE IMMEDIATELY 08 SDSNM01 0004W5 TIMOTHY KLINE 715 2ND ST NEW CUMBERLND PA 17070-2008 Account Number ending in 9726 Enter Amount Enclosed Below $ 11 Text APP to DISCOV' to receive a link to our free mobile app and pay your bill in seconds from anywherel PO BOX 6103 lllarrllesrllrarltrlrrelrll CAROL STREAM IL 60197-6103 ? Bff Address,&mailortelephone cho%ol EA ?n??nuu?ll?lulnrlr??uun?l??uu???r??uur?lnl?rl? Go to www.Disco wr corn or print change in space above. 000001986762130683171118542300000001185423 ary 8, 2012 page 1 at 2 uate:.tanuary Y, zv i z - c.toung uaw: resin Discover More Card Account Summary Account number ending in 9726 Previous Balance $11,854.23 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance 11,854.23 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $11,600.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 CAS oc ( Bo ruse Anniversary Month December Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To loam mom, log in at www.Dacover cam 3 Easy Ways to Contact Us 1 Access your account securely at www.D6cwow.com 2. Call 1.800-DISCOVER (1-800.347-2683) Please have your Discover®card available 3. Write to us of Discover PO Box 30943, Salt Lake City, UT 841 r30 (Nat a payment address) For payments, phase send to address an remittance or Discover, PO Box 6103, Carol Stream, IL 60197-6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800.347.7449. Payment Information New Balance $11,854.23 Minimum Payment Due' $11,854.23 Payment Due Date DUE IMMEDIATELY 'Includes past due amount of $3,573.00 Lab Payment Warning: If we do not receive your minimum payment by the dde listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for now transactions may be increased up to the Penalty APR of 29.99% variable. A4Wm n 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: F7p1F? 11tf Y+4? wB ?tolLtx? ?ks ? ' . sF t(tisaldkmenf'kn eYtncArdtc?Luf` Only the minimum 14 years $11,854 PaYm? If you would like information about credit counseling services, call 1-800.347.1121 Manage Your Account Online at www.Wmmw.com • Access five online tools like Paydown Planner to credo a plan topay down your balance, securely access statements, pay biRnss online and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone Transactions 9571375 TDaft Dale Fees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL INTEREST FOR TM PERM $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 TOTAL INTEREST CHARGED IN 2012 0.00 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISC( }VER it pays to TIMOTHY KLINE DISCOV IN Account number ending in 9726 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate an your account. Current !ding Period: 31 days TYPE OF BALANCE ANNUAI PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE (INTEREW RATE Purchases 28.99% 1 $0 $0 Cash Advances 28.99% $0 $0 V - Variable Rate Additional krgmkmd idormnaliem See your Codrmm &w Agreement. Your Cardmember Agreement contains ON the terms of your Account. Lad or stolen cards. Report immediatelyl Ce1 14KKKW-2683. Wlhatt To Do N You Think You find A AW/ako On Your 51st ehhehN If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Rake City, UT 841340421 In yaw letter, give us the Following information: • Account information: Your name and account number Dollar amount. The dollar amount of the suspected ertar- • Dsscri Lion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe tsomnaaa. You must contact us within 60 days after the error appeared an your statement. You must notify us of any potential errors inwriting. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the in question. While we investigate whether or not there has been an error, the following am true. Th t fry ro collect the amount in question, or report you as delinquent on that amount. • We canno • The charge in gwstion may remain on yaw statement, and we may continue to charge you interest on that amount. But, IF we determine Mist we made a mistake, you will not haw to pay the amount in question or any interest or other fees rek"d to that amount. • While you do not have to pay the amount in question, you am responsible for the remainder of your balance. • We can apply any unpaid amount against your credit lima. Your Rights D You An Dieeotkf ed WN h Yew Credit Cold Asretsaeee IF you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good Faith ro the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. . To use this right, ON of the following must be bus: 1 The purchase must haw 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. (Nob: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we awn the company that sold you Its goals 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" criteria above are met and you are still dissatisfied with the purchase, contact us in?tina at: Discover, PO Box 30945, Salt Lake Ci yf , UT 841300945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payrnenk Yov mayppaayy all or part of your Accowt bakhncs at any time. However, you must pay at least the Minimum Payment Due by the ad Due Date. Send onlyr payment and the top portion of this statement in die envelope provndeg. Do not send cash. By sending your a as dsxribed above, you authorize us to use information on your check to make an electronic fund IransTer from your account d the finoneid instihtion indicated on your check or to the payment as a cheek transaction. If pa ent ns processed as an sleelronie And transfer the transfer will be (a hs aunt of Mme check. When we use information tom your cheek ro make an ehKtrontc fund transfer, funds may be withdrawn from your account as soon as the same day we roeeiw your payment, and you will rat receive your check back From your financial instihtian. The processing of your payment may be deksyed if you send cosh, eamspondenee or other items with your payment, if you send the payment b arty ether oddness or if you use an ernwlope oMw than Ihe one provided. Payments received in proper farm at ax procauing faciliy br SPM kxal firma on arty day wiU be credited to yaar Aeeourt as of tlwt day Payments received ofyoauur praeessrng facrlnY aFier SPM kxal Mme wrN be emdited ro Nor _AeeouM w of the rnud day IF you haw d nreli r M I1 fr ant la rwrr d ro Di ra err fib. 03?corol S ' as ?1 Qeb con c deb allow 7• t 0 aye wrY• You f g 9571375 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION MOWER You can pay your monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the telephone or you can setup automatic payments through a customer service representative by calling 1-800-347.2683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring payment date (e. . the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments b telepphone, you will need this statement and your bank account information. You will be asked to provide the last four (4f digils of the social security number ofathe primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this authorization to llow us and Your bank to deduct each pa ment you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1.800.547.2683 or by mail at Discover, PO Box 30421 Salt Lake City, UT 84130.0421, however we must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each monthly, billing statement when your payment will be made and how much it will be. You must ensure that sufficient 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 Payment Due plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If the scheduled payment is greater 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 your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic payment amount maybe less than the amount indicated on the peril rc statement based on credits or payments after the Closing Date. IF you enroll by phone in our automatic payment sei ice, 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 Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other deFoulfs 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, W lmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number Paying Interest: We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the daily balance. We continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paying interest on Purchases ("Grace Period"1 you pal the New balance on your previous ring statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases or on 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 We A I Pa menu Ma Im act Your Grace Period you o not pay your ew a ante in each month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Charges Daily Balance Method (including current transactions): We calculate interest charges each billing reriod by first h uring the "daily balance" for each Transaction Category. Transaction Categories include standard Purchases, standar' Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance 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 llast 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 an 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). Now We Figure Your Total Interest Charges We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billin 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 Include Fees We add 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. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this For each transaction category. The Balance Subject to Interest Pate is the average of the daily balances during the billing rprrod Credit Balances. IF your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make chargges against this amount if your Account is open. We will send you a refund of any remaining balance of $1. 00 or more after 6 months, or as otherwise required by applicable low. 3 wrinunications Device for the Doo assistance, please call 1.800-347-7449. For IDpfM Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover"card is issued by Discover Bank, Member FDIC RZNFEOOI Questions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER (1.800-347.2683). i Paperless statements mean less clutter, more convenience Easily access up to 24 months of 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 of Discovercom/paperless i ±s)2010 Discover Bank. Member FDIC PAPER.0310 U) a cn z a? D o_ 0 0 0 a n 0 N X 9571375 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1.800-3472683). 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. (Signature) WWR# 9571375 Timothy A. Kline 6011300780089726 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff p u?br 8ar?t ?o ' c - -1 Jody S Smith r Chief Deputy . } , M Richard W Stewart Solicitor 0i'FiCE OF THE i-FRiFF 4+-l Discover Bank vs. Timothy A. Kline Case Number 2012-3513 SHERIFF'S RETURN OF SERVICE 06/11/2012 07:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 1952 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Timothy A. Kline, by making known unto Jean Kline, Wife of Defendant at 715 Second Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. TSHA UTY SHERIFF COST: $45.00 June 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft. Inc. I 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. 12-3513 CIIV TWA TIMOTHY A KLINE IAW r PRAECIPE FOR DEFAULT JUDGMENT r= t7 TO THE PROTHONTARY: Z Kindly enter Judgment against the Defendant TIMOTHY A KLI E p -< Cn above named, in the default of an Answer, in the amount of $1 895.28 computed as follows: Amount claimed in Complaint t11854.? Less payments / adjustments made $O.C Interest on the remaining principal balance from August 31, 2011 to July 20, 2012 Q the interest rate of 28.990* per annum ,$3041.0 Attorney's fees $0.0 TOTAL $14895.2 I hereby certify that appropriate Notices of Default, as attached been mailed in accordance with PA R.C.P. 237.1 on the dates indicated Notices. WELTMAN, WEINBERG & REIS CO.'„ L.P.A BY: Wil iam T. Mo 09571375 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 TIMOTHY A KLINE 715 2ND ST NEW CUMBERLND, PA 17070 71-3 Ir CD c? rr; have on the IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent DB Se rvickV Pkdnti f Case No. 12-3513 CIVIL TERM VS. TIMOTHY A KLINE Defendant TO: TIMOTHY A KLINE 715 2ND ST NEW CUMBERLND, PA 17070 Date of Notice: (' ( I Z YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE OERSIONALLY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR 0WECTIONS TO THE LAO" SET AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A MAY BE Et AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT it 8. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORmArON ABOUT HI LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORI ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR 140 FEE. CU 1ND COUNTY BAR ATION 32 SOUTH BEDFORD STILT CARLISLE, PA. 17013 (717) 249.3iff WELTMAN, WEINBERG & REIS CO., L.P.A. By: -- P.A.I. DA 90953 WELTMAN, WEINBERG & REIS CO., L.P.A. 438 Seventh Avenue, 1400 Koppers Building Ptttsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9571375 A PIT H4N OR BY OR 3A IN THE COURT OF COMMON PLEAS in CUMBERLAND COUNTY, PENNSYLVANIA C CIVIL DIVISION -pax, Discover Bank, t Through Its Servicing Agent, !;;w DB Servicing Corporation Z 4 Plaintiff VS. Civil Action No. 12-3513 CIVIL TIMOTHY A KLINE NON-MILITARY AFFIDAVIT VV a Ni CSI r-, na c rn?: co° cn-n rr: The undersigned is the duly authorized agent and/or attorney for Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant'to and accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C 521. Affiant further states that based upon investigation it is the a belief that the Defendant , TIMOTHY A KLINE is not in military service. Affiant further states that this belief is supported by the atta certificate from the Defense Manpower Data Center (DMDC), which stat the DMDC does not possess any information indicating that the below individual is in the military service: TIMOTHY A KLINE 715 2ND ST NEW CUMBERLND, PA 17070 Affiant further states that the averments contained herei are tr correct to the best of Affiant's knowledge, information and lief an these averments are made subject to the penalties of 18 Pa C. .A. Sec 4904 relating to unsworn falsification to authorities. AFFI the in . App. iant's that e and that ion Department of Defense Manpower Data Center Results as d: SWORSPOrt to 3eiv?e Civil RdWA Last Name: KLINE First Name: TIMOTHY Active Duty Status As Of: Jul-25-2012 ttgsrt taM i Aott- ovb tea Dour ? ,?, On 04- ouy On AWO Out eW Daft NA NA NA i1?e ?P a recede the Ybwldu W 4*- duly "A based on tlr AWw DWy MAN Don Left Acllw Duty Min 387 Ono d Aod- OW Sion Oele, At>IM 06i OW DINS N AW- M4 Bid Don fiMu• BNVIa t NA No NA TMe nMPOOWrelleob wh- the MidNidlwl Mfr N*m duly M*S w WM 387 days p m ft dw AcU- Duty 8rsbe Dale The <lrerhb at t'NNNer W* Yves NOON" OR PAft CeddJV b Adlse Duly on AdMS OW Sh" oft Oder t MataoMlai at t ONe Order NoOksOm End Dole steam 9MVbe CowqxWent NA NA No NA This roepome mill ft wheel- the 1104141" or hlMlwr unit has rec~ eery nOW-*M b report for ec8- duty SCRA 2.2.2 Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided the above is the status of the individual on the active duty status date as to all brandies of the Uniformed Services (Army, Navy, Marine Corps, Air For, NN AA, Public Heal , and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. JO- e?e? erI Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Reporting System (DEERS) database which is the official source of date on eligibility for military medical care and other eligibility systems. The DOD strongly super the enforcement of the Servicamembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SjCRA) (formerly k as the Soldiers' and Satins' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses. and has experienced only a small error rate. In the event the individual retarer4ed above, or an family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitl to the Protections of the SCRA, you are strongly encouraged to obtain further verification of the person's stag by contacting that psrs"'s Service via e "defensslink.mir URL: Mtp.*/ www.clafWwonk.miY?eNpWPC09SLDR.html. If you have evidence the Person was on active duty fir 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. § 5 1(c). This response reflects the following information: (1) The individuers Active Duty status on the Active Duty Status Date (2) Whether the individual 1 tft Active Duty status within 387 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early ion to report fo active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty peris less than 30 consecutive days In length were available. In the case of a member of the National Guard, this Uncludes service under a to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national President and supported by Federal funds. AN Active Guard Reserve GR declared by t unit t (A ) ?nenrnbers must be assigned against an authorized ? k n in the they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard eserve Program Administrator (RPAs). Active Duty stag also applies to a Uniformed Service member who is an active duty commissioned officer of the J.S. Public Hearth Service or the National Oceanic and Atmospheric Adrninistration (NOAA Commissioned Cops). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader In some cases and includes same catagcxk* Of Persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the U Title 32 Periods of Active Duty are not covered by SCRA, as defined in nH4nrned Services nods. 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 should check to make sure ft orders on which SCRA protections are based have not been to ?` on this teboi 9 Furthermore, some amended to extend the ""h"""'? dates of protections of the SCRA may extend to persons who have received orders to report for active duty or to be Indu?ctea- 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 oft p oft SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to erasure that all rights guaranteed to Service are protected members under the WARNING: This certificate was Provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous Information wdl cause an erroneous certificate to be provided. Report ID: 9FRQE1P8J5 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. 12-3513 CIVIL TERM TIMOTHY A KLINE NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the to in Order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $14895.28 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 suspe ded by the Department of Transportation, Bureau of Traffic Safet Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) verdict ( ) Arbitrati Award Prothonotary By: lam, TIMOTHY A KLINE 715 2ND ST NEW CUMBERLND, PA 17070 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 SHERIFF'S OFFICE OF CUMBERLAND COUNT ~ Ronny R Anderson c n~ "~ rU "' Sheriff tr ci ~Iftnbr~ ~' Jody S Smith ~~~A ~~~„ ~ ~ a" Chief Deputy ~ # ~ , - ~, ~ ~ ~ ~ Richard WStewart ~~~. =`.~ ut Solicitor ~F~;>^.~ ~,~~--„~ 4~Na~lr~ __,.. ...-1 r~ ~~--_ ~~ r~~: ~ ~a f~ `T` °=, Discover Bank vs. Case Number Timothy A. Kline 2012-3513 SHERIFF'S RETURN OF SERVICE 11/19/2012 03:23 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2012 at 1520 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy A. Kline, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Taryn Walters, Store 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 November,~0 2 12 Timothy A. Kline at 715 2nd Street, New Cumberland, PA 17070. I(~ J} ,DEPUTY November 20, 2012 SO ANSWERS, ,,~~J RON R ANDERSON, SHERIFF (Cj CountyS'uife Shrriff, 1"olecsaft~ Irc. ~ ~ ,', '~ i;r ~~~~'IT`~b~, .iC L ~ ,, ~ a,. R 1 ^. r, ~ "~~2 ~°"''~ ~6 Fig s• c ~;;d ;~•. IN THE COURT OF CO~ ~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. Civil Action No. 12-3513 CIVIL TERM TIMOTHY A KLINE f~_ ~ Defendants} ~~ ~']~~ INTERROGATORIES IN ATTACHMENT METRO BANK Garnishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 9571375 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. TIMOTHY A KLINE Defendant(s) METRO BANK Garnishee(s) Civil Action No. 12-3513 CIVIL TERM T0: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 RE: TIMOTHY A KLINE , 715 2ND ST, NEW CUMBERLND, PA 17070 Suggested Reference No.: XXX-XX-9005 xxx-xx- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the fol]owing interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of 3udgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 9571375 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Defendant has less than $300 exemption 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. WWR No. 9571375 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C. S. § 8 ] 23? If so, identify each account. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. I0. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory 11 is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. WELTMAN, WEINBERG &REIS CO., L.P.A. William T. Molczan, Es~(fe PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 43 6 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 9571375 WRIT OF EXECUTION and/or ATTACHMENT r COMMON WEALTH OF PENNSYLVANIA) NO 12-3513 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 TIMOTHY A. KLINE, 715 2ND STREET, NEW CUMBERLAND, PA 17070 (I) 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: METRO BANK, 20 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b} the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due~14,895.28 L.L. $.50 Interest $237.51 Atty's Comm % Due Prothy $2.25 Atty Paid $196.75 Other Costs Plaintiff Paid Date: l Illy/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name :WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 TRUE CORY FROM RECORD In Testimony whereof, f here unto set my hand and the seal of said Court at Carlisle, Pa. This I ~ day of ~ / , 20 ~ o~- ~=rethonotary VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson "` `, ED - � , Sheriff Jody S Smith ,3kw� !��� Chief Deputy �, '� 2013 JUN 10 0110: Richard W Stewart '` ���'''� Solicitor s : s )rw li ! �B /' f-1 7 PEt SY�.t�, NIA Discover Bank Case Number vs. 2012-3513 Timothy A. Kline SHERIFF'S RETURN OF SERVICE 11/19/2012 03:23 PM- Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2012 at 1520 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy A. Kline, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Taryn Walters, Store 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 November 20, 2012 to Timothy A. Kline at 715 2nd Street, New Cumberland, PA 17070. 06/07/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.93 SO ANSWERS, June 07, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toleosoft,Inc.