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HomeMy WebLinkAbout13-2341 30077576 C A Pit SJS Supreme C ;'ennsdvania « -wR rE`�' Cou o CommonPleas ForPmthotrotaq Use Only: C UMBERLAND?v�,.� County Docket No: 17ie information collected on this form is used solely for court administration purposes. 'his form does not supplement or replace the filing and service ofpleadings or other papers as required b low or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C Discover Bank, Throug Lead Plaintiff's Name: Its Servicing Agent, Lead Defendant's Name: T DB Servicing Corporation KELLEY A RUCHALSKI I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes 13 No Is this an MDJ Appeal? 13 Yes W No William T. Molczan,47437 Name of Plaintiff /Appellant's Attorney: ❑ 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) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle � Debt Collection: Other ❑ Board of Elections ❑ Nuisance 1 (3 Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E 13 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/LibeUDefamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I O 13 Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. OF THE�PfOTNON OTARY 2013 APPP, 2 9 PM 3: 3 7 CUMBERLAND CO PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No: / S - 0)3q/ full VS. COMPLAINT IN CIVIL ACTION KELLEY A RUCHALSKI 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 30077576 C A Pit SJS )�d �W�I a 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 KELLEY A RUCHALSKI 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 M1 COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution orgaai.zed 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 19 PARADISE DR CARLISLE, PA 17015 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9092. 6. Defendant made use of said credit card and has a current balance due of $8753.51. 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, KELLEY A RUCHALSKI, INDIVIDUALLY, in the amount of $8753.51 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. Wi iam T. Mo cza 47437 WELTMAN, WEINBERG REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412 - 338 -7130 WWR# 30077576 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. ti New Balance Minimum Payment Due Account Number ending in 9092 DISCOVER $0.00 $1,368.00 t Enter Amount Enclosed Below Payment Due Date October 25, 2012 30 SDSN6A01 0011311 Text receive bill in seconds KELLEY A RUCHALSKI free mobile app and pay your bill in seconds 19 PARADISE DR from anywherel CARLISLE PA 17015 -9725 PO BOX 6103 Illsssllrs "'11'11 CAROL STREAM IL 60197 -6103 Address, e-mail or telephone change? I fill 111r111t111111ii1ir1Irllrii1r111 loll 1r11r11irr111114Irt11 Go to www.Discover or print change in space above. 000001986458858144344000000000000000136800 Opening Date: September 27, 2012 - Closing Date: September 30, 2012 page 1 of 2 Discover More Card Account Summary Payment Information New Balance $0.00 Minimum Payment Due $1,368.00 Account number ending in 9092 Payment Due Date October 25, 2012 Previous Balance $8,790.46 late Payment Warning: If we do not receive your minimum Payments And Credits 8,790.46 payment by the date listed above, you may have to pay a late Purchases + 0.00 fee of up to $35.00 and your purchase and balance transfer Balance Transfers + 0.00 APRs for new transactions may be increased up to the Penalty Cash Advances + 0.00 APR of 17.99% variable. Fees Charged + 0.00 Interest Charged + 0.00 New Balance $0.00 Manage Your Account Online of www.Discover.com See Interest Charge Calculation section following Securely access statements and free online tools, pay bills transactions for detailed APR information online and track and view all transactions simply and easily Credit Line $8,200.00 Make your money worth more SM —find easy ways to earn Credif Line Available $0:00 and redeem cash - rewards Cash Advance Credit Line $4,100.00 NEWI Access your account securely through your Cash Advance Credit Line Available $0,00 mobile phone 3 Easy Ways to Contact Us Ca5 bat W nuse 1 Access your account securely at www.Discover.com Anniversary Month 2. Call 1.8004)ISCOVER (1- 800.347- 2683). August Please have your Discover® card available Write to Us at Opening Cashback Bonus Balance $ 0.00 3. Salt lake City, I T 84150 (Not a payment nt address) New Cashbac Bonus This Peri + 0.00 For payments, please send to address on remittance or Cashback Bonus Balance $ 0.00 Discover, PO Box 6103, Carol Stream, IL 60197.6103 To learn more, log in at www.Discover.com For TDD (Telecommunications Device for the Deal) assistance, please call 1- 800 - 347.7449. Transact ions Trans. Post Date Date Payments and Credits Sep 30 Sep 30 INTERNAL CHARGE -OFF $ - 8,790.46 Z. TOTAL FEES F THIS PER IOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2012 Totals Year -to -Date TOTAL FEES CHARGED IN 2012 $ 165.00 TOTAL INTEREST CHARGED IN 2012 599.15 30077576�� NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER i Paperless statements me n less clutter, more convenience Easily access up to 24 months of download ble, password protected statements. • See your statement as soon as irs availc ble rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through ail or text messages on your mobile phone. • Print a paper copy of your statelment an ime. • Sign up today at Discovercom /paperle 6+2010 Discover Bank, Member FDIC PAPER.0310 Cn z Z m D o_ 0 0 w 30077576 Questions? Visit www.Discov* COM or DISCOVER call 1- 800 - DISCOVER X1.800- 3472683 . DISCOVER I Irpeysro KELLEY A I DI$COVER" _J Account num er e n di ng ng in 9092 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 4 days TYPE OF BALANCE A � L PERCENTAGE BALANCE ttATE ECT TO INTEREST CHARGE Purchases 12.99% V $0 $0 Cash Advances 20.99% $0 $0 V . Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost" stolen cards. Report immediatelyl Call 1- 800 - 347.2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421 Salt Lake City, UT 84130-0421 In your letter, give us the following information: Account information: Your name and account number. Dollar amount. The dollar amount of the suspected error. ft ri lion Problem: If you think there is on error on your bill, describe what you believe is wrong and why you believe .. nto c e. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in � writing . You may tail us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following 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 we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights if You Are Dissatisfied 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: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with purchase; contact' us in writing-at: Discover, PO Box 30945, Salt Lake City UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Paymenh. You may all or part of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the! oyyment 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 to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed iF you send cash, correspondence or other items with your payment, iF you send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper form at our processing facility by 5PM local time on any d will be credited to your Account as of that day. Po ants received at our processing Facility after 5PM local time will credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the rig�t to resubmit it as an electronic debit. 30077576 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER You can pay your monthly Minimum Payrn Due, a greater amount that does rid exceed your current Account balance, over the telephone or you can setup auto m is Is through a customer service representative by calling 1.800 347 - 2683. Automatic payments w1 I be ded ad on the Payment Due Date unless you request a recurring payment date (e.g. the 15th day of the month) that curs be re your Payment Due Date. IF heduled payment date falls on a weekend or bank holiday, your payment waq be pr essed the business day prior to C the weekend or bank holiday. In order to schedule monthly payments b telephon , you wil need this statement and your bank account information. You will be asked to provide the last Four (4f digits oI social urity number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeeiiieeeiiimg to thi authorization to allow us and Your bank to deduct each pa merit you authorize, in the amount selected by you, from your nk account. You also authorize us to initiate debit or credit entries to your bank account, as a pplicable, o corcect on err in the processing of such payment. You can cancel a scheduled payment by phone at 1-800.347 -2683 or by mail Discover, PO Box 30421 Salt Lake City, UT 84130.0421 however we must receive notice at least three business in rice of the scheduled payment. If your payments may vary in amount, we will tell you on each monthly billing statement n your payment will be made and how much it will be. You must ensure that sufficient funds are avoilable in your bank occo nt, and all transactions must comply with U.S. law. You can set automatic payments for- (i) statement N w Balance, (it) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, of (rev) a fi dollar amount. If your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on yogr month billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If th scheduled payment 1s realer than the Minimum Payment Due, any excess will be applied in accordance with your Car member Agreement. If your scheduled po ant is greater than the New Balance on your billing statement, that paytmeM will be rocessed only for the amount of your New Balance. Your automatic payment amount may be less than the amount Indic eat on the periodic statement based on credits or payments after the Closing Date. If you enroll by phone in our automatic payment . ice, please fill -in the following blanks below and retain the authorization for your records. Amount: ❑ Full Pay ❑ Min Pay Min Pay t $ ❑ Fixed Pay$ Cn Bank Routing #: Boni Account #: Frequency: z Credit Reporting. We may report information abou your Account to credit bureaus. Late payments, missed payments, or c other defaults on your Account may be reflected in our credit re port. We normally report the status and payment history of your Account to credit reporting agencies Itach m If ou believe that our report is inaccurate or incomplete, please write $ us at the following address: Discover, POiBox 153 6, WYmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number. Paying Interest: We begin to impose inteerp�sstt chor s on a transaction fee or interest charge from the day we add it to the daily balance. We continue to impose interest cfw as until you pay tie total amount you owe us. You can avoid paying cn interest on Purchases as described below.! Howeve , you cannot ovoid paying interest on Balance Transfers or Cash Advances. How to Avoid Poyini Interest on Purchos r Period" You paid the New balance on your previous i i statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new PtIrchosas r any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases lore Purc 1t $as that first appear on the current billing statement. How We A I Pa ants Ma Imp act Yo r Grace Period It you o not pay your ew a ance in FLI each mg ntn, men, 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 Da Bat Method (including current transactions): We calculate interest charges each billing period by first figuring the "d ily halo e" for each Transaction Category: Transaction Categories include standard Purchases, standard Cash Adva as and ifferant promotional balances, such as Bolonce Transfers. How We Figure the Daily Balance for Each Transoc Ilion Category We start with the beginnin g balorlce for h dt�y. The beginning balance for the first day of the billing period is your balance on the ast day of r previ s billing perto We add any interest charges acc on previous day's daily balance and any new transactions and fees. We add any new transactions or fees s of the er of the Transaction Date or the first day of the billing period in which the transaction or fee post to yaw ccount. We subtract any new credits and -yme . We make other adjustments (inc1 thos 9 adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Charges We multiply the daily balance for each Tra section Category by its daily periodic rate. We do this for each day in the billing pariad. This gives us its intere charges for each Transaction Category. To get a daily periodic rote, we divide the APR that applies to h we Trion ction Category by 365. We add up all the daily interest charges. he sum is the total interest charge For the billing period. How We Include Fees We add Balance Transfer Fees to the a icabk 8 ilance Transfer Transaction Category We add Cash Advance Fees to the applicable Cash Advance Tra1sactian ategory. We add all other Fear to the standard Purchase Transaction Category. Balance Subject to Interest Rate. Your statement slows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subjekf to nterest Rate is the average of the daily balances during the billing period. Credit Ballances. If your Account has a c it bola ice, the amount is shown on the front of your billing statement. A credit balance is money that is owed tj you. Y may make charges against this amount if your Account is open. We will send you a refund of any remaini balance of $1.00 or more after 6 months, or as otherwise required by applicable low. i fofor TDDD (telecommunications Device for ire DeaQ assistance, please call 1- 800. 347 -7449. D=e and /or record telephone cc Is between you and Discover representatives for quality assurance purposes. The Discover ® card is issued by Discover Bank, M imber FDIC RZNFEOOI I I Questions? Visit wwwDiscover or DISCOVER call 1.800- DISCOVER (1- 800 -347 -268 ). 1 r Y Y Y VERIFICATION Lem) &mAJ �Mnf (Name) (' le) 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 unswom falsifications to authorities states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that Discover Bank, Ma Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks sufficient knowledge or information to verify this amended 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 amended 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 q =' _�A (Signature) DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany, OH 43054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F,LEV-OFFIC� Sheriff pt 9tPl r HE L P R T H 0 N 0' Jody S Smith Chief Deputy Ptl 3: 14 Richard W Stewart Solicitor OUN'E Or TNE SRX,1 ""lb§ pEORLSAYND COUNTY VANIA Discover Bank Through Its Servicing Agent, DB Servicing Corporation Case Number vs. Kelley A Ruchalski 2013-2341 SHERIFF'S RETURN OF SERVICE 05/02/2013 04:55 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves be the Defendant, to wit: Kelley A Ruchalski at 19 Paradise Drive, Middlesex Township, Carlisle PA 015, 4FILTYA— U M—CEINE, 7 SHERIFF COST: $34.78 SO ANSWERS, x May 03, 2013 RbNNY R ANDERSON, SHERIFF (C)County-Sulto Shoriff,Teleosoft,Inc, WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D. No. 47437 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 30077576 WTM/SJS Discover Bank, Through Its Servicing Agent DB Servicing Corporation CUMBERLAND County Court of Common Pleas vs. No.: 13-2341 CIVIL KELLEY A RUCHALSKI PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice . WELTMAN, WEINBERG& REIS CO., L.P.A. By Y William T. Molczan, Esqui Attorney for Plaintiff 1 111111 11111 11111 1111 111111 11111 11111 11111 11111 11111 11111 1111 1111 r C t 1: tC) tip, _: ci; - +� t (J.)7 - r.;� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL vs. MOTION TO STRIKE PRAECIPE TO DISMISS WITH PREJUDICE KELLEY A RUCHALSKI, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA. I.D.#90963 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL vs. KELLEY A RUCHALSKI, Defendant MOTION TO STRIKE PRAECIPE TO DISMISS WITH PREJUDICE AND NOW COMES, Plaintiff, by and through its counsel, Wellman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion to Strike Praecipe to Dismiss With Prejudice and in support thereof, Plaintiff avers as follows: 1. On or about April 29, 2013, Plaintiff filed a Complaint against Defendant for payment of a debt. 2. On or about May 02, 2013, the Sheriff of Cumberland County served a copy of the Complaint in Civil Action upon the Defendant. 3. On or about June 18, 2013, Plaintiff received a payment for balance in full in the amount of$8,792.04, which was applied to the Defendant's account as a settlement. 4. On or about June 25, 2013, Plaintiff prepared and forwarded a Praecipe to Dismiss With Prejudice on the above captioned lawsuit. 5. On or about August 06, 2013, Plaintiff received notice that the payment had been returned as "NSF"which means the account did not have sufficient funds to cover the check. 6. Allowing the Praecipe to stand would unreasonably prejudice Plaintiff and cause an unreasonable expense to Plaintiff, as the settlement proceeds have not been paid. 7. Pa.R.C.P. 229(c) provides that the court, upon petition and after notice, may strike off discontinuance in order to protect the rights of any party from unreasonable inconvenience,vexation, harassment, expense, or prejudice. 8. Additionally, granting this motion will not prejudice the Defendant WHEREFORE, Plaintiff requests an Order striking the Praecipe to Dismiss With Prejudice on this matter. Respectfully Submitted: Matthew D. Urban, Esquire Pa. I.D. #90963 WELTMAN, WEINBERG&REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR# 30077576 CERTIFICATE OF SERVICE I,Matthew D. Urban,hereby certify that a true and correct copy of the Motion to Strike Praecipe to Dismiss With Prejudice was served on Defendant by regular U. S. Mail,postage prepaid,this I6 day of u�(Airl L , 2013,addressed as follows: KELLEY A RUCHALSKI 19 PARADISE DR CARLISLE,P A 17015 Matthew D. Urban, Esq. L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL C= VS. -OZ w ---I � � .. cnr-" -� C-) ' KELLEY A RUCHALSKI, r-- z< � t Defendant > C:> _ a c�7 -< ORDER OF COURT AND NOW, this 29TH day of AUGUST, 2013, a Rule is issued upon Defendant to Show Cause why the Plaintiff's "Motion to Strike Praecipe to Dismiss with Prejudice" should not be granted. Defendant shall file an answer within twenty(20) days after service. If issues of disputed facts are raised we will schedule a hearing upon request of either party. BY THE COURT ?` J. .P&Lk i jl T1 E PROTHONOTA ; � 2013 SEP 1 Z Al 10• CU PSL COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL VS. AFFIDAVIT OF SERVICE OF ORDER OF COURT KELLEY A RUCHALSKI Defendant FILED ON .BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA.I.D.#90963 WELTMAN, WEINBERG&REIS CO.,L.P.A. 1.400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER.BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL vs. KELLEY A RUCHALSKI Defendant AFFIDAVIT OF SERVICE OF ORDER OF COURT BEFORE ME, the undersigned authority, personally appeared Matthew D. Urban, Esquire, who according to law deposes and says that a copy of the Order of Court has been served on the following Defendant, Kelley A. Ruchalski. 1. On or about September 03, 2013, Plaintiff received a signed Order of Court dated August 29, 2013, issuing a Rule upon Defendant to file an Answer within Twenty (20) days after being served upon, to show cause why Plaintiff's "Motion to Strike Praecipe to Dismiss with Prejudice", should not be granted. Said Order of Court is attached as Exhibit"1". 2. On or about September 03, 2013, Plaintiff mailed the Order of Court to 19 Paradise Drive, Carlisle, PA 17015. W TMAN,WEINBERG &REIS, CO.,L.P.A. Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077576 Sworn to and subscribed ! before me this 4 day of Sep 0- ,20 . O RY PU'VerC 2MLEAL agffo A MUM 300 Wayne A.]orm„Notary PON, Ctty of P t,bW9k Afthertv County MY COMPRIMM ftims]u-`q 2014 lit atlen of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL c -CD o+ KELLEY A RUCHALSKI, p -; Defendant y ORDER OF COURT AND NOW, this 29TH day of AUGUST, 2013, a Rule is issued upon Defendant to Show Cause why the Plaintiff's "Motion to Strike Praecipe to Dismiss with Prejudice" should not be granted. Defendant shall file an answer within twenty (20) days after service. If issues of disputed facts are raised we will schedule a hearing upon request of either party. BY THE COURT J. EXHIBIT �ae -75-`7 • ?`.f. i {tF F CE FFO T HONOTA.1Y 2'? ? O 'T -7 PM2: L2 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION No. 13-2341 CIVIL Plaintiff, vs. MOTION TO MAKE RULE ABSOLUTE KELLEY A RUCHALSKI, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#30077576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION No. 13-2341 CIVIL Plaintiff, vs. MOTION TO MAKE RULE ABSOLUTE KELLEY A RUCHALSKI, Defendant. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, CO., L.P.A., and files the within Motion to Make Rule Absolute. No hearing is requested and discovery is not necessary. In support thereof, Plaintiff avers the following: 1. Plaintiff, Discover Bank, Through Its Servicing Agent, DB Servicing Corporation, is a corporation with its principal place of business located at 6500 New Albany Road,New Albany, OH 43054. 2. Defendant is an adult individual with a last known address of 19 Paradise Drive, Carlisle, PA 17015. i 3. On or about April 29, 2013, Plaintiff filed a Complaint against Defendant for payment of a debt. 4. On or about May 02, 2013, the Sheriff of Cumberland County served a copy of the Complaint in Civil Action upon the Defendant. 5. On or about June 18, 2013, Plaintiff received a payment for balance in full in the amount of$8,792.04, which was applied to the Defendant's account as a settlement. 6. On or about July 25, 2013, Plaintiff prepared and forwarded a Praecipe to Dismiss With Prejudice on the above captioned lawsuit, which was filed on July 29, 2013. 7. On or about August 06, 2013, Plaintiff received notice that the payment had been returned as "NSF"which means the account did not have sufficient funds to cover the check. 8. On or about August 19, 2013, Plaintiff filed a Motion to Strike Praecipe to Dismiss with Prejudice. A true and correct copy of the Motion is attached hereto, marked as Exhibit"1" and made a part hereof. 9. On or about August 29, 2013, this Honorable Court issued a Rule upon Defendant to Show Cause why the Plaintiff's Motion to Strike Praecipe to Dismiss with Prejudice should not be granted. A true and correct copy of the Rule Order is attached hereto, marked as Exhibit "2" and made a part hereof. 10. On or about September 03, 2013, Plaintiff served the Rule Order upon the Defendant and then filed an Affidavit of Service of the Order of Court, which was filed on September 12, 2013. A true and correct copy of the Affidavit of Service of Order of Court is attached hereto, marked as Exhibit"3" and made a part hereof. 11. No response to the Rule Returnable has been received from the Defendant, and as such, all of the averments in Plaintiff's Motion to Strike Praecipe to Dismiss with Prejudice are deemed admitted. 12. Allowing the Praecipe to stand would unreasonably prejudice Plaintiff and cause an unreasonable expense to Plaintiff, as the settlement proceeds have not been paid. 13. Pa.R.C.P. 229(c) provides that the court, upon petition and after notice, may strike off discontinuance in order to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice. 14. Additionally, granting this motion will not prejudice the Defendant. WHEREFORE, Plaintiff requests an Order striking the Praecipe to Dismiss With Prejudice on this matter. Respectfully Submitted: WELTMAN, WEINBERG& REIS, CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 Wellman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077576 AUG 19 Fri12. 2i PENNSYL\'A flA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL vs. MOTION TO STRIKE PRAECIPE TO DISMISS WITH PREJUDICE KELLEY A RUCHALSKI, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA. I.D.#90963 WELTMAN,WEINBERG&REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077576 EXHIBIT `r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL vs. KELLEY A RUCHALSKI, Defendant MOTION TO STRIKE PRAECIPE TO DISMISS WITH PREJUDICE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL vs. KELLEY A RUCHALSKI, Defendant MOTION TO STRIKE PRAECIPE TO DISMISS WITH PREJUDICE AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion to Strike Praecipe to Dismiss With Prejudice and in support thereof, Plaintiff avers as follows: 1. On or about April 29, 2013, Plaintiff filed a Complaint against Defendant for payment of a debt. 2. On or about May 02, 2013, the Sheriff of Cumberland County served a copy of the Complaint in Civil Action upon the Defendant. 3. On or about June 18, 2013, Plaintiff received a payment for balance in full in the amount of$8,792.04,which was applied to the Defendant's account as a settlement. 4. On or about June 25, 2013, Plaintiff prepared and forwarded a Praecipe to Dismiss With Prejudice on the above captioned lawsuit. 5. On or about August 06, 2013, Plaintiff received notice that the payment had been returned as"NSF"which means the account did not have sufficient funds to cover the check. 6. Allowing the Praecipe to stand would unreasonably prejudice Plaintiff and cause an unreasonable expense to Plaintiff, as the settlement proceeds have not been paid. 7. Pa.R.C.P. 229(c) provides that the court, upon petition and after notice, may strike off discontinuance in order to protect the rights of any party from unreasonable inconvenience,vexation, harassment, expense,or prejudice. 8. Additionally, granting this motion will not prejudice the Defendant WHEREFORE, Plaintiff requests an Order striking the Praecipe to Dismiss With Prejudice on this matter. Respectfully Submitted: Matthew D.Urban,Esquire Pa.I.D.#90963 WELTMAN,WEINBERG&REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR#30077576 • • CERTIFICATE OF SERVICE I,Matthew D.Urban,hereby certify that a true and correct copy of the Motion to Strike Praecipe to Dismiss With Prejudice was served on Defendant by regular U. S. Mail,postage prepaid,this /4 tc day of ANs(A rl L ,2013,addressed as follows: KELLEY A RUCHALSKI 19 PARADISE DR CARLISLE,P A 17015 Matthew D.Urban,Esq. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL C) ? c c=, =r vs. Z� Gam) - ct'- tV ant KELLEY A RUCHALSKI, <c) z Defendant 1-(-) 3 m�-- D� 7r alb 4l ORDER OF COURT AND NOW,this 29Th day of AUGUST,2013,a Rule is issued upon Defendant to Show Cause why the Plaintiff's"Motion to Strike Praecipe to Dismiss with Prejudice" should not be granted. Defendant shall file an answer within twenty(20)days after service.. If issues of disputed facts are raised we will schedule a hearing upon request of either party. BY THE COURT J. EXHIBIT • LE'D-DFFiCL OF THE PROiHONOTAf 'i 7O(3 SEP 12 AK IO: 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. 13-2341 CIVIL vs. AFFIDAVIT OF SERVICE OF ORDER OF COURT KELLEY A RUCHALSKI Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D.Urban, Esquire PA. I.D.#90963 WELTMAN, WEINBERG&REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 1 5219 (412)434-7955 WWR#30077576 EXHIBIT INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL vs. KELLEY A RUCHALSKI Defendant AFFIDAVIT OF SERVICE OF ORDER OF COURT BEFORE ME, the undersigned authority, personally appeared Matthew D. Urban, Esquire, who according to law deposes and says that a copy of the Order of Court has been served on the following Defendant, Kelley A. Ruchalski. 1. On or about September 03, 2013, Plaintiff received a signed Order of Court dated August 29, 2013, issuing a Rule upon Defendant to file an Answer within Twenty(20)days after being served upon, to show cause why Plaintiff's"Motion to Strike Praecipe to Dismiss with Prejudice", should not be granted. Said Order of Court is attached as Exhibit"1". 2. On or about September 03, 2013, Plaintiff mailed the Order of Court to 19 Paradise Drive, Carlisle,PA 17015. Wg.,TMAN,WEINBERG&REIS,CO.,L.P.A. Matthew D. Urban,Esquire PA I.D.#90963 WELTMAN, WEINBERG&REIS CO.,L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30077576 Sworn to and subscribed before me this q day of Se-le - ,20 If /l... O .•'RY PU: C Notarial Sell Wayne A.Jonesr Notary Public city of pit ph,Aiephenv County m 3un.. '9 4,014 Si IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION, Plaintiff No. 13-2341 CIVIL C) N f —p3 w vs. ;r1 *1 Fr: : �D pc KELLEY A RUCHALSKI, Defendant ' ORDER OF COURT AND NOW,this 29'i day of AUGUST,2013, a Rule is issued upon Defendant to Show Cause why the Plaintiffs "Motion to Strike Praecipe to Dismiss with Prejudice" should not be granted. Defendant shall file an answer within twenty(20) days after service. If issues of disputed facts are raised we will schedule a hearing upon request of either party. BY THE COURT J. EXHIBIT PA!>ty.„1-ilt c). 0 7 75-1 A CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion To Make Rule Absolute was served on Defendant on this 3 day of Oc /1>e,r , 20 13 , by first class, U.S. Mail,postage-prepaid, addressed as follows: KELLEY A RUCHALSKI 19 PARADISE DR CARLISLE, PA 17015 Attorney for Plaintiff Matthew D. Urban, Esquire T 3 n —9 H; 2: CUUMEi L A `dtJ ;CiL1, ' PENN SYLVA IA' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION No. 13-2341 CIVIL Plaintiff, vs. MOTION TO MAKE RULE ABSOLUTE KELLEY A RUCHALSKI, Defendant. ORDER OF COURT AND NOW, to-wit, this9M day of6seljjea0 upon Plaintiff's Motion to Strike Praecipe to Dismiss With Prejudice, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion is GRANTED and said Praecipe entered on July 29, 2013, shall be stricken from the record. It is further ORDERED, that the Prothonotary of Cumberland, Pennsylvania shall amend the docket entries to reflect the content of this Order. BY ! ' J. 444y fn. J 14491/3 F'LED-©F FtCE OF 1 HE PROTHONOTARY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION APR 21 PM 12: 1 CUMBERLAND COUNTY DISCOVER BANK, THROUGH ITS PENNSYLVANIA SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. KELLEY A RUCHALSKI Defendant TO THE PROTHONOTARY: Civil Action No. 13 -2341 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, KELLEY A RUCHALSKI above named, in the default of an Answer, in the amount of $6,753.51 computed as follows: Amount claimed in Complaint Less payments received Interest at the interest rate of 6% from the date of judgment TOTAL $8,753.51 $2,000.00 $6,753.51 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 & RE1S CO., L.P.A. By: Matthew D Urban, Esquire PA 1.D. #90963 weltman, Weinberg & Reis Co., L.P.A 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #30077576 • Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 411p. 5o Po srof c1 (IS? 13 3a4(a(o9 tiakeQma/id And that the last known address of the Defendant is: 19 Paradise Drive, Carlisle, PA 17015 fl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent DB Servicing Corporation Plaintiff vs. KELLEY A RUCHALSKI Defendant TO: KELLEY A RUCHALSKI 19 PARADISE DR CARLISLE, PA 17015 -9725 Date of Notice: 12111S Case No. 13 -2341 CIVIL IMPORTANT NOTICE 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.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434 -7955 (412) 338 -7130 30077576 A PIT M4Z IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff Civil Action No. 13 -2341 CIVIL vs. NON - MILITARY AFFIDAVIT KELLEY A RUCHALSKI Defendant 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, KELLEY A RUCHALSKI is not in the 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: KELLEY A RUCHALSKI 19 PARADISE DRIVE CARLISLE, PA 17015 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. §4904 relating to unsworn falsification to authorities. Affiant Department of Defense Manpower Data Center Results as of : Apr- 10 -2014 06:54:27 AM SCRA 3.0 Stat Report t to Servicemembers Civil Relief Act Last Name: RUCHALSKI First Name: KELLEY Middle Name: Active Duty Status As Of: Apr -10 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - -: No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date This response reflects the Individuals " active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .,,. No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA :, .:. NO • NA This response reflects whether the individual or his/her unit has received early notification fo report for active 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. 41a.10- Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 eaderp.- 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 et 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.mil" URL: http: / /www.defenselink.mil /faq /pis /PCO9SLDR.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(0 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 (NOM 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 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 Uniformed Services periods. Title 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: B82715EEE07DS20 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, THROUGH ITS SERVICING AGENT, DB SERVICING CORPORATION Plaintiff vs. KELLEY A RUCHALSKI Defendant Civil Action No. 13 -2341 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J dgment was entered against you on 401 (xx) Assumpsit Judgment in the amount of $6,753.51 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 (OR DEPUTY) KELLEY A RUCHALSKI 19 PARADISE DRIVE CARLISLE, PA 17015 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1- 888 - 434 -0085