HomeMy WebLinkAbout13-1801 30088965 C A Pit SJS
Supreme Co nnsylvania WARD
Con Cogimo eas
For Pmthomtwy Use Only. -
CUMBE County Docket No: n
13 I ON
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S Qj Complaint 0 Writ of Summons 0 Petition
E Transfer from Another Jurisdiction E3 Declaration of Takin
Discover Bank, Through
C Lead Plaintiffs Name: Its Servicing Agent, Lead Defendant's Name:
T DB Servicing Corporation SHERRY GROSS
I
Q Are money damages requested? Ed Yes O No Dollar Amount Requested: M within arbitration limits
(check one) outside arbitration limits
N';
Is this a Class Action Suit? 0 Yes G No Is this an MDJ Appeal? 0 Yes ® No
William T. Molczan,47437
Name of Plaintiff /Appellant's Attorney:
0 Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CML APPEALS
0 Intentional 0 Buyer Protection Administrative Agencies
0 Malicious Prosecution if Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance 0 Dept. of Transportation
S ` 0 Premises Liability 0 Statutory Appeal: Other
E 0 Product Liability (does not include 0 Employment Dispute
Mass tort) Discrimination
C 0 Slander/Libel/Defamation 0 Employment Dispute: Other 0 Zoning Board
T!' 0 Other: 0 Other:
1 0 Other:
N MASS TORT
0 Asbestos
','' 0 Tobacco REAL PROPERTY MISCELLANEOUS
0 Toxic Tort - DES 0 Ejectment 0 Common Law /Statutory Arbitration
0 Toxic Tort — Implant 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Toxic Waste 0 Ground Rent 0 Mandamus
0 Other: 0 Landlord/Tenant Dispute 0 Non- Domestic Relations
0 Mortgage Foreclosure: Residential Retraining Order
0 Mortgage Foreclosure: Commercial 0 Quo Waranto
0 Partition 0 Replevin
PROFESSIONAL LIABILITY 0 Quiet Title 0 Other:
0 Dental 17 Other:
0 Legal
0 Medical
0 Other Professional:
Updated 1/1/2011
r
Rule M.5. Cover SbAd
(a)( l) This rule shall apply to all ac ns ,gov by of .civil pmc e .
following:
(i) actions pursuant to Protection fimn Awe Act, R 190.1 et seq.
(ii) actions for suppoM Rules 19 10. 1 et seq.
(iii) actions for c y� .qt y vioitation of es
1915.1 et seq.
(iv) actin for dive or +c 192x 1 -vt
(v) actions in domestic relations, a Illy, ink .per z a
1930.1 et seq.
(vi) voluntary m `+ in cUO00 ; " 1940.1 etlsoq.
(2) At the com of any , , ' the
the cover sheet set forth in subdivision (e) w4 file it with the protbowtary.
(b) The prothonotary shall not acc%WaJiJWg emmawin&st atfim vAftmjua
completed cover sheet.
(c) The prothonotary shall assist a party, appeagipgpra se in the oompletionoftbe fin.
(d) A judicial district which has impl =:elecuwic - to
Rule 245.4 and has promulgated those procedum;Vaomt to Rule 239.9 shall be e
provisions of this rule.
(e) The Court Administrator of -P in. c Lion with t ie Civil Prop om:
Rules Committee, shall design and pubbA the - cov or . The ve on of the form "l# be
ublished on the website of the Adinmi ive O of � ,.,
p Coo.. ,
c
C= -t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL A' r _-n
CIVIL DIVISION
4J7 (
r�
Cn -iC3
Discover Bank,``
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff No: CIVI
vs.
COMPLAINT IN CIVIL ACTION
SHERRY GROSS
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan,47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434 -7955
FAX: 412- 338 -7130
30088965 C A Pit SJS
4103-15 PD AIT'/
C� 1ICO53
o288$a�o
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
SHERRY GROSS
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, business management
services in support of Discover Bank business lines, including, among
other things, credit cards, deposits, personal loans and student
loans, customer service, collections, credit risk, collection of
delinquent accounts and other support services. 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 419 6TH ST APT A NEW
CUMBERLND, PA 17070
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX8348.
6. Defendant made use of said credit card and has a current balance
due of $2674.06. A copy of Plaintiff's STATEMENT is attached hereto,
marked as Exhibit "1 ".
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. Although repeatedly 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, SHERRY GROSS, INDIVIDUALLY, in the amount of $2674.06 with
interest at the statutory rate of 6.00 o per annum from date of
judgment and costs.
f
William T. o cz ,47437
WELTMAN, WEINBE & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434 -7955
FAX: 412 - 338 -7130
WWR# 30088965 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.
i
New Balance Minimum Payment Due Account Number ending in 8348
DIKOVER $0.00 $468.00 Enter Amount Enclosed Below
Payment Due Dab
December 25, 2012
30 SDSNGA010009670
SHERRY ORDSS Teed APP to DISCOW to ma" a 6* to our
tree mobile app and pay Yale bil in saoonds
419 6TH ST APT A from anywherel
NEW CUMBERLND PA 17070 -1919
PO BOX 6103 Illsssllsssssllsl�ssslrssl)
CAROL STREAM IL 60197 -6103
Address, "ail orWephorwchange#
G �snnsurr�u�nr�rnusunrr11uusilu1u1)
o to www.DrsamwA o n or print change in space above.
0000019864525314385380 00000000000000046800
Opanfng Dada: November 13, 2012 Closing Daft: Novambw 30, 2012 page 1 of 2
Discover More Card Account Summary Payment InFormalion
New Balance $0.00
Minimum Payment Due $468.00
Account number ending in 8348 Payment Due Dab December 25, 2012
Previous Bakmce $2,826.41 Late Pay leggift yVerebW If we do not receive your minimum
Payments And Credits 2, 826.41 payment by the dab ksbd above, you may have to pay a late
Purchases + 0.00 lee of up to $35.00 and your purchase and bdarce hauler
Balance Transhtts + 0.00 APRs for row transactions may be increased up to do PenaNy
Cash Advances + 0.00 APR of 23.24% variable.
Feee Charged + 0.00
Interest Charged + 0.00
Now 0.00
Ne
No Interest Charge Cakrslotion section following MoMe Your Account Online at wwwffmcovw com
and Sec
transactions for detailed APR infornation on" access s red vie w al s and free b Raab, pay bile
on" hack and vie transac simply and easily
Credo lie» $5,000.00 Make your money worth morel —find awy ways to earn
Credit line Available $0.00 and redeem cash rewards
Cash Advance Credit lira $500.00 Access your account securely through your
mobile
Cash Advance Credit Line Available $0.00 Ply
3 Easy Ways to Contact Us
Anniversary Month I Access your account securely at www.Disseveram
2. Cal 1400 WOVER (1400,U7-2083).
July Plea ear se haw y Discover* card ava.
Opening Cashback Borne Balance $ 0.00 3. Writ to us d Discover PO Box 30943,
New Cashback Bonus This Period + 0.00 Sal Lake City, UT 84150 (Not a payment address(
For CeshbeeJr lesass lalarras $ 0.00 Discover PO'? 03 Ca Shwm IL 60� 197 -6103
To Isom mom, be M ar wwwMisa ver cosh For TM (Telecommunications Device for dw Dean
assistance, Owns cal 1. 800.347 -7449.
Transoctions Trans. Post
Dab Dab
Paysssenh and C N 30 Nov 30 I CHA -OFF $ - 2,826.41
Fees TOTAL FMS fOR TlRS MOW $ 0.00
bbral Cisarged TOTAL ME1l W FOR INS NOW $ 0.00
2012 Totals Yearto -Dab
TOTAL FEES CHARGED IN 2012 5 255.25
TOTAL INTEREST CHARGED IN 2012 375.89
30088965
EXHIBIT
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Paperless statements mea less clutter, more convenience
Easily access up to 24 months of downk adable, password protected statements.
• See your statement as soon as it's cr ailable rather than wait for it to arrive in your mailbox.
• Get helpful payment reminders throt gh email or text messages on your mobile phone.
• Print a paper copy of your statemen anytime.
• Sign up today at Discovercom/
L 02010 Ncww Baoc.M•mbw FDIC — — PAM.0310
y
O
z
Z
O1
D
C?_
v
0
30088965
QuestlOnS? Visit www.Disoav�r. or MKOVER
call 1.800- DISCOVER (1 •SOO-3474 6 Y
N Pays 10 SHERRY GROSS
1X X� )VEIL DISCOVEK Account number ending in 8348
pogo 2 of 2
Interest Charge Cakulation
Your Annual Percentage Rata (APR) is the annual interest rah on your account.
Cum* Billing Period: 18 days
TYPE OF BALANCE RATE PERCENTAGE ahf SSU�6IECT TO INTOW CFIARGE RA
pwdm" 18.24% V $0 $0
Cash Advances 23.99% $0 $0
V . Variable Rah
Additional iryorlanf Wo naliee
See yaw Codinember AgreanNaR Your Cwdmenber Agreement contains all the toms of your Account.
Lest or dolwn ands. Report immediahlyl Cd 1 W -2663.
WIM To Do N You Think You MW A MWAPke On Yew SMrasesN
IF you think tare is an error on ~ statement, write b us at: Discover, PO Box 30421 Salt Lake City, UT 84130-0421
In your letter . give us the following information:
Accoud jabm alion: Your name and account number.
Dollar amount The dollar amount of the suspected oror.
Dwcriustion of Problem: If you think these is an error on yaw bill, describe what you believe is wrong and why you bellow
Is mi osTl<ce:
You must contact us within 60 days after the error appeared on your afotement.
You must notify us of any potential errors in wd�HHroro You maayy call us, but tF you do we are not required b investigate any
pote w nfid errors and you may have to pay�omf in questton.
While we investigate whether or not there has been an oror, the following are true:
We cannot try to collet the amount in question, or report you as dolinquod on that amount.
The charge in ion may remain an yaw statement, ad we may continue b charge you iMeresf on that amount. But, if
we dderunine idiot we mode a mistake, you will not haw to pay the amount in question or any interest or other low related
to that amount.
While you do not have to pay the amount in quedion, responsible for the remainder of yaw balance.
We can apply any unpaid amount against your ; re Co. Iim
Yew WAhb N You An Wia> nddbsl With Your 0mb hid Atrdsaaee
If you are dissatisfied with the or services that you have purchased with your credit card, and you have hied
in good
der on Ito o p urdhose. b eanoct the pr va the merchant, you may have the right not to pay the remaining amount
To use this right, all of the following must be true:
1 The purchase must how been mode in your home state or within 100 miles of your current mailing address, and
the purchase prize must have re been mo than $50. ( Note: NeiNnr of thew are necessary if y�r purchase was
bored an on advertisement wo mailed b or if wo awn the company that sold you the goods or services.)
2, You must haw used your credit card for the Purchases made with cosh advances from an ATM or with a
se
cheek that access your credit cord aeeo W do not qualify.
3. You must not yet have W paid for the purchase.
If all of the criteria above are mot and you are still dissatisfied with the purchase, contact us in.writigg at:
Discover, PO Box 30945, Salt Lake Ci yl , UT 84130-0945
While we investigate, tse some rules any b the disputed amount as discussed above. After we finish our
investigation, we will UN you our decision: At that pant, if we think you caw an amount and you do not pay we
may report you as deknquet•
Payone*s. You maypay all or part of your Account balance at any time. However, you must pay at loot the Minimum
Payment Der by do Payment Due Date. Send only payment aid the top potion of this sahrnent in the eriwlope
p d Do red cmh. By serrating your dt.c as described above, you authorize w to use information on yaw dock
lo matte an oleekonie fund konsio kan yaw account at the financial institution indicated on your cheek orb process the
paymant as a check kansoction. IF p� is processed as an electronic fund transfer the I=$Far will be for Ih0 amount of
Rn� cheek. When we use inkrmatbn" from your cheek to make an electronic Fund traiaw, 6xis may be withdrawn has your
account as soon as the some day we receive your payment, and you will not reosivo your chodt bock horn yaw financial
institution.
millimEffigmt f your ynuernt may be delayed if you send ooh, earesporndence or oiler items with yo payment, iF y 'ment b �o1Mr address or if you use an envelope other th n Ihe one provided Poynrenb ur n�wiwd in p ro p er rouoing SPM kacal lime on any �y will be credited b Aocaunf as of the day. Poymhenb w praassing fay offer 5PM bcal note will be eredfhd b yaw eK count os of the mead day IF you how aowirr envelope, send yaw payment b Discover, PO Bore 6103 Carol Stream, Il 60197.6103, Phease allow 710 very. IF yaw payment is nhxnod unpaid, vw resew the right b nsubmM f1 as an oleelronie ddbif.
30088965
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
You acre► monthly Minimum Payment Due, or a amo that doss riot !:vest yaw curnnl Account balance,
ovw r (
d- 80 aAduaby tic p e will be on the aPaymerrt yourwngwd arecurri��g payment
weekend or bank ha�ay, your porn" will be A IM b d i w the w Zhadulid Mr.* b hakki . In order
b schedule payments YOU will this statement a will be
bank account information. You
asked 10 hod fou4Rdigi4s of IM social number of the primary banowa. By proms those numbers as
your is signokxe, you will be agreeing b Ihis zatlon b allow us and yaw bank b deduct Mach �oyn� you
aulhwize, in the amount selected �y you, from your account. You also authorize us to inilide debit or credit stories to
your bank account, as icable, k cormol on error ire processing of such prgment. You can c oncel a scheduled
payment by phone at 1347 -2683 or by mad at C PO Box 30421 Sale talcs City, UT 84130-0421 however we
must moehve notice at least three businsw days in of the sclhedhaled payment. If your payments may vary in amount,
we will tell you on each billing itolennert when payment will be made and how much it will be. You must ensum
that sufficient funds am available in your bank acoohnt, all transactions must comply with U.S. law.
You can set automatic payments for- (;} statement New (ii} statement Minimum Payment Due, (iii) statement Minimum
Payment Due plus a�fixsd dollar amount, or (iv) o fixed amount. IF your scheduled fixed payment is not e to cover
Ae Minimum Pa y Due as listed on your moxthly slalemrsnf, you solheditled payment far tat month will be
increased to cover the Minimum Payment Dhe. if Ins paymment is #hare de Minimum Payment Due, any
excess will be applied in a «ordaK0 wish your C ber Agreement. IF your scheduled payment is greater than tfe New
Balance on your billing statement, that payment will be eased arty For the amount of yaw M1lew Balance. Your automatic
payment amount maybe less than the amount ind' on the pert is statement based on credits or payments offer the
Closing Date.
If s phone in our automatic payment serviced please fill-in the following blanks below and retain the authorization
Your II
Amount: ❑ Full Pay ❑ Min Pay ❑ Min Pay + $ ❑ Fixed Pay$ CO
Bank Routing S: Bank: Frequency:
Credi We may report information about Account b credit bureaus. Lals pa missed payments, or s
other your Account may be reflected in credit rep�r� We
normally to slolus and Payment hiskxy of o
your Account b credit reporfir rmonth. If
g agencies each beUew that our is inaccurate or incomplete please write
us d the flowing address: Discover, PO Boot 15316, Imirgbn, DE 198545316. Please indicate your name, address,
hone mlephore number and Account number.
Fag k0nesk We begin impose interest d+orges a transaction fee or interest charge from the day we odd it to the N
des alones. Wee to impose interest until you pay i4 told amount you owe us. You can avoid paying
Interest on Purchases as described below. Hovrever, cannot avoid paying interest on Balance Transfers or Cash
Advances.
tlg& to rd DO% Interest es t an Purcha C9=
f� eeuu he rhce on you prwanrsi bA eg ant byte Payment Due Daft shown on That billing statement, we
wRl i xterest a#harges on new Purchhases a portion of a new Purchase, paid by the Payment Dus Date on your
current piling statement. New Purchases ore first appear on the current billing statement.
How We A j�Pa eat Mcry m Y
IF you li o net pay your New Balance in m depending on the balance to which we apply your payment,
You ay not gel a grace period on new Poch os
m
Hew We Calselate rtrtere i C erges Daily t1.l.rra. rNK61ing crosent trameclfensls We calculate interest charges
each billing pe by firitt fi ring to 'daily balance for each Transaction Category: Transaction Gies include
standard aura.., :benched Cash Advances and di promotional balances, such as Balance Trons►irs.
Flew We Fgue de Deily Balance for Each T ce"
We start with the beginning balance For each The beg inning balance for the first day of the billing period is
your balance on the last toy of your previous pen
We add any interest charges accrued on to ow day's daily balance ad any new transactions and few. We
add orry new transactions or fees m of the of the Transaction Date or the tint day of the billing period in
which Me hansaefion or fee posted to your nt.
W� subtract shy new crsdk and payments.
We make ot adjustments (including those ustments required in the "Paying Interest• section).
How We Fguse Yew ToW interest CheMes
We multiply to dot balance for each T Category by its daily is role. We do this For each day in
the ��d is gives us the interest For each Transaction Category. To get a doily periodic rate,
we divide tee APR t applies to to T Category by 365.
We add up all this, daily interest charges. The is to total interest charge for the billing period.
New We - 1 Fees
We add Balance Tra sfer Fees to the aapplicable Transfer Transaction Cry We add Cash Advance
Fees b t a
o applicable Cash Advance raoelion we add all other F to Ae standard Purchase
Transaction Category.
belerree Sulsjecf h interest Rate. Your sksterrhent a B Subject b M Interest Role. shows this for each
transaction category. The Balance Subject b Interest is s average of The doily balances during to billing
period.
Credit Wemass. IF your Account has o credit the amwnht is shown on to bort of taili
on ng statement.
A credit balance is money that is owed to you. You make chares or against tts amount if your Accou is
open remaining . W� will send you o refund of any nomirg of $11.07 more once 6 months, or as otherwise by applicable law.
For alioms Dwiee for the Deaf) , please cal 1400-347-7449.
Discover may nion'tar and /or record telephone uaNs you and Discover representatives for quality assurance
purposes.
The Discovermcord is issued by Discover Bank, Morn FDIC RZNFEOOI
QUOS61XIS? Visit www.D6cuvw.corn r
call 1- 800 - DISCOVER (1- 800 - 347.2683) DISCOVER
,I VERIFICATION
(Name) (Title)
of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of
perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities
states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that
Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks
sufficient knowledge or information to verify this complaint. He /she verifies that he /she is authorized to
make this verification. As an employee of DB Servicing Corporation, he /she has sufficient knowledge
and information to make this verification, and consequently verifies that the facts set forth in the
foregoing complaint are true and correct to the best of his/her knowledge and information and that he /she
is personally familiar with the account and the relationship between Discover Bank and DB Servicing
Corporation.
It is further stated that Discover Bank and DB Servicing Corporation extend credit through issuance of the
Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for
Discover Bank, including business management services in support of Discover Bank business lines,
including, among other things, credit cards, deposits, personal loans and student loans, customer service,
collections, credit risk, collection of delinquent accounts and other support services. The collection of
delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for
collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank
are wholly owned subsidiaries of Discover Financial Services.
Date 3 r,
Si a
DB Servicing Corporation servicing affiliate
For Discover Bank
PO Box 3025
New Albany, OH 43054
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
";LED- )FFICi=
RonnyRAnderson C1F THE. PR0THI'N AR
Sheriff
Jody S Smith 2013 APR { 7 AM 9: 114
Chief Deputy
Richard w Stewart CUMBERLAND COUNTY
PENNSYLVANIA
SOIICltCf tlrFlcE(kP 1"Hc 3HSfiirF
Discover Bank Case Number
vs. 2013-1801
Sherry Gross
SHERIFF'S RETURN OF SERVICE
04/1212013 04:08 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be David Zimpleman, Friend of
defendant,who accepted as"Adult Person in Charge"for Sherry Gross at 632 Allen Street, New
Cumberland Borough, New Cumberland, PA 17070. — '�� • ---
RYAN BURGETT, DEPI.11-f-�
SHERIFF COST: $45.00 SO ANSWERS,
April 15, 2013 RbNW R ANDERSON, SHERIFF
(c)Cnueir5uita SnedH,ro�eoscn,Inc.
tiii
IN THE COURT OF COMMON PLEAS ,; 1 iE N�O I i( 1
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION 2013 MAY 31 AM f 1: 23
Discover Bank, Through Its Servicing Agent, CUMBERLAND COUIN If
DB Servicing Corporation PENNSYLVAt';A
Plaintiff
vs . Civil Action No. 13-1801 CIVIL TERM
SHERRY GROSS
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against the Defendant SHERRY GROSS
above named, in the default of an Answer, in the amount of $2674 . 06 computed
as follows :
Amount claimed in Complaint $2674 . 06
Less payments / adjustments made $0 . 00
Attorney' s fees $0 . 00
TOTAL $2674 . 06
I hereby certify that appropriate Notices of Default, as attached have
been mailed in accordance with PA R.C.P. 237 . 1 on the dates indicated on the
Notices .
WELTMAN, WEINBERG & REIS CO. , L.P.A.
By:
ZJ-
Wil-i-la- m-T. Molczan, 47
30088965 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
SHERRY GROSS
419 6TH ST APT A
NEW CUMBERLND, PA 17070
�29119Y
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,Through Its Servicing Agent DB
Servicing Corporation
Plaintiff
Case No. 13-1801 CIVIL TERM
VS.
SHERRY GROSS
Defendant
IMPORTANT NOTICE
TO:
SHERRY GROSS
419 6TH ST APT A
NEW CUMBERLND,PA 17070-1919
N
Date of Notice: pha
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO To OR
TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA.17013
(717)249-3166
WELTMAN,WEINBERG&REIS CO., L.P.A.
By:
Matthew Urban
P.A.1.D.#90963
WELTMAN,WEINBERGA REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 16219 -
Phone: (412)434-7955
(412)338-7130
30088965 A PIT 841
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. 13-1801 CIVIL TERM
NON-MILITARY AFFIDAVIT
SHERRY GROSS
The undersigned is the duly authorized agent and/or attorney for the
Plaintiff in the within matter and states as follows :
Affiant states that the within Affidavit is made pursuant to and in
accordance with the Servicemembers ' Civil Relief Act (SCRA) , 50 U. S . C. App.
521 .
Affiant further states that based upon investigation it is the affiant ' s
belief that the Defendant, SHERRY GROSS
is not in military service.
Affiant further states that this belief is supported by the attached
certificate from the Defense Manpower Data Center (DMDC) , which states that
the DMDC does not possess any information indicating that the below
individual is in the military service:
SHERRY GROSS
419 6TH ST APT A
NEW CUMBERLND, PA 17070
Affiant further states that the averments contained herein are true and
correct to the best of Affiant ' s knowledge, information and belief and that
these averments are made subject to the penalties of 18 Pa C.S.A. Section
4904 relating to unsworn falsification to authorities .
AFFIANT
Department of Defense Manpower Data Center Resuttsas of:Deo65S20,203:38:38
SCRA 2.3
Stsitu Report
P'orsumt to;Sm-vicemembers Civil Relief Act
Last Name: GROSS
First Name: SHERRY
Middle Name:
Active Duty Status As Of: Dec-05-2012
On Active Duty On Active Duty Status Date
Active Duty S'IM Date Act ve Duty End Date Status Service component
NA NA No NA
This raspanse raftects the hkAduats active duty status based on the Active.Duty Status Date
Leff Active Duty Whin 367 Days of Active Duty Status Date
Active Duty Start Dale Ad ive Duty End Date Status Service Component
a NO.
NA
This response reflects wham the individual left adhre dd status within 367 days preoeding the Active Duty Status Date
The Member or HtsHer Unit Was Notified of a Future Celidlp to Active Duty on Active Duty Status We
Order Notification Start We Order Notification End Date Status Service Component
NA NA ; L ` NA
This response reflects whettrer the individual or hWher unit has received earty notification to report for alive duty
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 branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
I
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mii"URI_:hftp:/twww.defenselink.mil/faq/pis/PC09SLDR.html. if you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA Is broader in some cases and Includes some categories of persons on active duty for purposes of the SCRA whd would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records far all the Uniformed Services periods.
Tittle 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: NMFQ6US19G
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. 13-1801 CIVIL TERM
SHERRY GROSS
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the fcillowing Order of Judgment
was entered against you on _dvlo
(xx) Assumpsit Judgment in the amount of $2674 . 06 plus costs .
( ) Trespass Judgment in the amount of $ plus costs .
( ) If not satisfied within sixty (60) days, your motor vehicle
operator' s license and/or registration will be suspended
by the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration Award
Prothonotary
By. ,.
PROTHONOTAR
SHERRY GROSS
419 6TH ST APT A
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
r a
2093 AUG - 1 PH 2. 47
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. 13-1801 CIVIL TERM
VS. PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
SHERRY GROSS
Defendant(s)
INTEGRITY 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
q
a CD r"C45
JfJ
X1GLl . a�
/ � LL
WWR No. 30088965
o?q 3 8(o f t ut
�
Wrt s
r 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. 13-1801 CIVIL TERM
SHERRY GROSS
Defendant(s)
INTEGRITY BANK
Garnishee(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against SHERRY GROSS ,Defendant
3. against INTEGRITY BANK. . . Garnishee
4. Judgment Amount $ $2,674.06
Less Payments/credits received $ $0.00
Interest $ $17.58
Costs $
SUBTOTAL: $ $2,691.64
Costs(to be added by Prothonotary): $
WELTMAN, WEINBERG& REIS CO.,L.P.A.
By:
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. 30088965
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 13-1801 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 SHERRY GROSS,632 ALLEN STREET,NEW CUMBERLAND,PA 17070
(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:
INTEGRITY BANK,3345 MARKET STREET,CAMP HILL,PA 17011
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$2,674.06 Plaintiff Paid$
Interest$17.58
Attorney's Comm. % Law Library$30
Attorney Paid$194.25 Due Prothonotary$2.25
Other Costs$
Date: 8/1/13
David D.Buell,Prothonotary
BY—
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 RAnderson _ _ #.
Sheriff y k.�[,r .F_t�f�A V' �,
°I ii 94.1.E !:l'0?'40 t Ysi7
Jody S Smith ,
Chief Deputy � � -013 AUG 12 All 10:
Richard W Stewart
Solicitor OPPICE OF r1ta R=r,IFry CUKBERLAW C ' .1 Y
PENMYLVAMA
Discover Bank
Case Number
vs.
Sherry Gross 2013-1801
SHERIFF'S RETURN OF SERVICE
08/08/2013 04:32 PM -Jeff Kolodzi, 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, Integrity Bank, 3345 Market Street, Camp Hill Borough, Camp Hill, PA
17011, Cumberland County, by handing to Juan Lara, customer service, 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 him.
The writ of execution and notice to defendant was mailed on August 9, 2013 to Sherry Gross at 632 Allen
Street, New Cumberland, PA 17070.
JEFykO0bDZI, DEPUTY
SO ANSWERS,
August 09, 2013 RONNY R ANDERSON, SHERIFF
(.0 County6uite Sheritf..Te!eosoft,Inc.
WELTMAN,WEINBERG & REIS CO.,L.P.A.
BY: William T Molczan, Esquire Attorney for Plaintiff(s)
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955 4
Fax: 412.434.7959. w _.
File# 30088965 rnco C/1)
cn
w
DISCOVER BANK s
THROUGH ITS SERVICING AGENT
DB SERVICING CORPORATION ry C)r9
Cumberland County '
Court of Common Pleas -�
vs.
SHERRY GROSS
NO. 13-1801 CIVIL TERM
and
INTEGRITY BANK
Garnishee(s)
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly marked the above matter discontinued and ended as to Garnishee(s), INTEGRITY
BANK, only.
WELTMAN, WEINBERG &REIS CO., L.P.A.
By (r'�
William T Molczan, quire
Attorney for Plaint
c OF
pf 519
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff 1 :40-
at 14tEdt&derr,kb
CJody
� $p li`i MAR -4 PM 2: 30
Richard W Stewart 'AMBERLA D t;3UN ry
Solicitor w F 4u=R1F= PENNSYLVANIA
Discover Bank
vs. Case Number
Sherry Gross 2013-1801
SHERIFF'S RETURN OF SERVICE
08/08/2013 04:32 PM -Jeff Kolodzi, 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, Integrity Bank, 3345 Market Street, Camp Hill Borough, Camp Hill,
PA 17011, Cumberland County, by handing to Juan Lara, customer service, 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 him.
The writ of execution and notice to defendant was mailed on August 9, 2013 to Sherry Gross at 632 Allen
Street, New Cumberland, PA 17070.
03/03/2014 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $99.13 SO ANSWERS,
March 03, 2014 RONR ANDERSON, SHERIFF
a. 2.( Pd . e
i"
4-4 9s. '/
Pilr 3 Otifd
„-,,,u,C �t (Ift I C
rl