HomeMy WebLinkAbout13-4307 Supreme Court of Pennsylvania WWR 30119294 C A Pit SJS
Court of Common Pleas
Civil Cover Sheet
For Protlionotarr Use Onh':
C UMBERLAND County Docket No: 2
The information collected on this form is used solely for courr administration purposes. This Jorm does not
supplement or replace the filing and service of pleadings or other papers as required by low or rules of court.
Commencement of Action:
S (3 Complaint ❑ Writ of Summons ❑ Petition
B Transfer from Another Jurisdiction 13 eclaration of Takin
C DISCOVER BANK
Lead Plaintiff's Name: Lead Defendant's Name:
T JOANNA D JONES
I
0 Are money damages requested? ® Yes Cl No Dollar Amount Requested: ® within arbitration limits
N (check one) ❑ outside arbitration limits
Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? ❑ Yes 63 No
A
Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437
❑ Check here if you have no attorney (are a Self - Represented [Pro Sel 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 13 Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
S ❑ Premises Liability ❑ Statutory Appeal: Other
E
E3 Product Liability (does not include [3 Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T ❑ Other: ❑ Other:
I ❑ Other:
O
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
e
NOTICE
i
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.
,. L r�. -CF,
t 1 ri `�',� t1 p NO TA `'✓
e13 JUL 23 All 9: 1
CUMBERLAND COUNTY
1 ENNS`rLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: �✓ yid �U�
vs.
COMPLAINT IN CIVIL ACTION
JOANNA D JONES
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
30119294 C A Pit SJS
0jjAj
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
JOANNA D JONES
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 17 CHANNEL DR
CARLISLE, PA 17013
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX9214.
6. Defendant made use of said credit card and has a current balance
due of $4751.01. 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, JOANNA D JONES, INDIVIDUALLY, in the amount of $4751.01
with interest at the statutory rate of 6.00 o per annum from date of
judgment and costs.
William T. Molc n,47437
WELTMAN, WEINB G & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434 -7955
FAX: 412- 338 -7130
WWR# 30119294 C A Pit SJS
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
Discover More Card
Account number ending in 9214
Open Date: Feb 1, 2013- Close Date: Feb 22, 2013
Cordmember Since 2006
Page 1 of 4
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $4,778.70 New Balance $4,751,01
Payments and Credits — $27.6 Minimum Payment Due " $966.00
Purchases + $0.00 Payment Due Date March 17, 2013
Balance Transfers + $0.00 * Includes post due amount of: $870.00
Cash Advances + $0.00
Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the date
Interest Charged + $0.00 listed above, you may have ci'pdy a late fee of up to $35.00 and your purchase
New Balance $4,751.01 and balance transfer APRs for new transactions may be increased up to the
Penalty APR of 23.24% variable.
See Interest Charge Calculation section following the Minimum P6yment Warning: If you make only the minimum payment each
Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your
Credit Line $7,300 balance. For example:
Credit Line Available $0 # you retaf40 chars '70 wtNxyyf fhe And yott end up t
Cash Advance Credit Line $2,600 each " tsslwvnanifiws paymg.anes7fms¢dtdal
., z stalemer�ry of
Cash Advance Credit Line Available $0 Only the minimum. o ent 8 years $4, 751 Y
You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1-800- 347.1121
See reverse for details.
REWARDS
Contact Us Discover.com Anniversary Month
1- 800 - 347.2683 Cashback Bonus® duly
Opening Balance $ 0.00
New Cashbock Bons This Period + $ 0.00
Redeemed This Period — $ 0.00
Cashback Bonus Balance $ 0.00
To learn more, log in at Discover.com
Make Chedc payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the perforation below, detach and reium with your payment.
Atly�nitife r �iQy Dy PI1Dft� Account number ending in 9214
P�easa do X41 old, tcii of sta le y DtsJ over,com �xl 800347`2683
p P .,..,.. , . •.: R , Minimum Pa Due $966.00
New Balance $4,751.01
Payment Due Date March 17 2013
JOANNA D JONES Amount enclosed $
17 CHANNEL DR
CARLISLE PA 17013 -1206
PO BOX 6103
CAROL STREAM IL 60197 -6103
301192" Internet payments must be received by 5PM Er to be credited as of the same day. ����
Address, e-mail or telephone changed? Note changes on reverse side.
000001986458131151710047510100310480096600
JOANNA•D JONES Account number ending in 9214 Open Date. Feb 1, 2013 Close Dote: Feb 22, 2013 Page 2 of 4
Important Information You must ensure that sufficient funds are available in your bank account, and
Sde your Cordmember Agreement. Your Cordmember Agreement contains all transactions must comply with U.S. low.
all the terms of your Account.
Lost or stolen cards, Report immediately! Coll 1 •800- 347 -2683. You can set automatic payments for (i) statement New Balance, (ii) statement
P Y Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed
What To Do If You Think You Find A Mistake On Your Statement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar
If you think there is an error on your statement, write to us at: Discover, PO amount" payment is not enough to cover the Minimum Payment Due as listed
Box 30421, Solt Lake City, UT 84130 -0421 Yov must write to us within 60 on your monthly billing statement, your scheduled payment for that month
days after the error appeared on your statement. You may call us, but if you will be increased to cover the Minimum Payment Due. 9 the scheduled
do we are not required to investigate any potential errors, and you may have payment is greater than the Minimum Payment Due, any excess will be
in question. The
to pay the amount ti Billing Rights Notice further explains your applied in accordance with your Cordmember Agreement. If your scheduled
rights. A copy of this notice is available at hops : / /discover_com /billingrights. payment is greater than the New Bblonce on your billing statement, that
payment will be processed only for. the amount of your New Bo lance. Your
Payments. You may pay all or part of your Account balance at any time. automatic payment amount may. be less than the amount indicated on the
However, you must pay at least the Minimum Payment Due by the Payment billing statement based on Credits or payments after the Close Date.
Due Date. Send only your payment and the bottom portion of this statement If i
y
in the envelope provided. ti ou enroll by phone in our automatic payment service, please fill -in the
not send cash. N you pay by check, you follown blanks below and retain the authorization for
authorize us to use information on your check to make on electronic fund g our records. y
transfer from your account at the financial institution indicated on your check Amount: 0 Full Pay 0 Min Pay 0 Min Pay+ $
or to process the payment as a check transaction. If a payment is processed
as an electronic fund transfer, the transfer will be for the amount of the 0 Other Amount$ ; Bank Routing #:
check. When we use information from your check to make an electronic fund Bank Account #
transfer funds may be withdrawn from your account as soon as the some
day we receive your payment, and you will not receive your check back from Monthly on the 0 Payment Due Date ' 0 Close Date
your financial institution. 0 Doy of month (insert date)
The processing of your payment may be delayed if ou send cash, Credit Reporting. We may report information about your Account to credit
correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account
any other address or if you use an envelope other than the one pprovided. may be reflected in your credit report. We normally report the status and
Payments received r proper form at our processing facility by 5PM loco) time; pent history of your Account to credit reporting agencies each month. If
at any r oc will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us at the
at our processing facility after 5PM local time will be credited to your Account following address. Discover. PO Box 15316, Wilmington, DE 19850 -5316.
as Di the next day. H you have misplaced your envelope, send your payment Please include your name, address, home telephone number and Account
to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 number.
days for delivery. If your payment is returned unpaid, we reserve the right to
resubmit it as an electronic debit. Payments made online or by phone will be paying Interest, Your due dote is at least 25 days after the close of each
credited as of the day of receipt if made by 5 PM Eastern time. billing `iod at least 23 days for billing periods that begin in February). e
You can pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance
does not exceed your current Account balance, over the telephone or you con by the due dote each month. We will begin charging interest on Cash
setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Dote or the
tolling 1- 800 - 347 -2683. Automatic p ments for the billing period shown first day of the billing period in which the transaction posted to your Account.
on your statement will be deducted on the Payment Due Date shown on that ce Method
statement, or the next automatic payment dote referred to on your statement, How We Calculate Interest Charges. We Use the Doily the Balance S
unless y ou request a recurring payment dote (e.? the 15' h day of the month) (including current transactions) to Subject to Interest
Balance
that occurs before your Payment Due Dote or Close Dote. If your scheduled R . For more information, please call us of 1 -80D-347-2683.
payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows o Balance Subject
to Interest processed the business day prior to the weekend or bank holiday. In order to
schedule monthly payments by telephone, you will need -this statement and nter est st Rat for for average of the doll bal ances each transaction category. Burin the The Balance
ce
your bank account information. You will be asked to provide the lost four (4) Subject I Interest Rote is the e. N shows this Y 9 billing
digits of the social security number of the primary borrower. By providing period.
those numbers as your electronic signature, you will be agreeing to this
authorization to allow us and your bank to deduct each payment you Credit Balances. If your Account has a credit balance, the amount is shown
authorize, in the amount selected by you, from your bank account. You also on the front of your billing statement. A credit bolonce is money that is owed
authorize us to initiate debit or credit entries to your bank account, as to you. You may make charges against this amount if your Account is open.
applicable, to correct on error in the processing of such poyment. You con We will send you a refund of any remaining balance of $1.00 or more after
cancel o scheduled payment by phone at 1.800- 347 -2683 or by mail at 6 months, or as otherwise required by applicable low, or upon request made
Discover, PO Box 30421, Solt Lake City, UT 84130 -0421; however, we must to the odd ress in the Contact Us section on page 3 of your billing statement.
receive notice at least three business days in advance of the scheduled Discover may monitor and /or record telephone calls between you and
payment. If your payments may vary in amount, we will tell you on each Discover representatives for quality assurance purposes.
monthly billing statement when your payment will be made and how much it
will be. The Discover@ card is issued by Discover Bonk, Member FDIC. TL23N
CHANGE OF ADDRESS
if correct on front, do not use. Please print clearly in blue or block ink, in the space provided.
Street Address Home Phone
Work Phone
City Email
State, Zi
011924
To make changes to your address, email or telephone number, visit Discover.com
Continued on next page
Discover More Card
Account number ending in 9214
Open Date: Feb 1, 2013 Close Date: Feb 22, 2013
Page 3 of 4
CONTACT US
0 Web dMk Mobile Phone Inquiry Mail Payments
Access your e Manage your O 1- 800 - DISCOVER ® Discover' Discover
account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103
at Discover.com anywhere at TDD 1- 800 - 347 -7449 Solt Lake City Carol Stream
m.Discover.com LIT 84130 IL 60197-6103
Transactions
Trans. Date Post Date
Payments and Credits Feb 14 Feb 14 PAYMENT PROTECTION SETTLEMENT REFUND $ -27.69
(800)347 -5538
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2013 Totals Year -to -Date
TOTAL. FEES CHARGED IN .2013 $ 7.31
TOTAL INTEREST CHARGED IN 2013 $ 72.89
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the onnual interest rate on your account.
Current Billing Period: 22 days
ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO
TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE
Pvrchoses 18.24% V $0.00 $0.00
Cash Advances 24.99% $0.00 $0.00
V= Variable Rate
30119294
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
JOANNA D JONES Account ndmber ending in 9214 Open Date: Feb 1, 2013 Close Date: Feb 22, 20 Page 4 of 4
30119294
VERIFICATION
•s V "� � j eft J�
(Naive) (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 unsworn 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 rvic s.
Date
(Sig ure)
DB Servicing Corporation servicing affiliate
For Discover Bank
PO Box 3025
New Albany, OH 43054
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
SheriffL
Jody S Smith
0 THE PROO HONOT R z
Chief Deputy 2 -: ; 25
yR
Richard W Stewart '+ �j p COUNTY
y '
Solicitor OFFICE OF t�z �€FF t". 11BE.RLAND COON t Y
PENNSYLVANIA
Discover Bank
vs. Case Number
Joanna D Jones 2013-4307
SHERIFF'S RETURN OF SERVICE
08/15/2013 08:15 PM - Deputy Shawn Harrison, being duly sworn according to law, s ed t r quested Complaint
&Notice by"personally"handing a true copy to a person representing t e sell es t be the Defendant,
to wit: Joanna D Jones at 17 Channel Drive, North Middleton Township C i , PA 17013.
L
SH H ,
SHERIFF COST: $41.56 SO ANSWERS,
August 20, 2013 RbNW R ANDERSON, SHERIFF
I
(c)CountySuite Sheriff,Teleosott,Inc.
i".
IN THE COURT OF COMMON PLEAS c
CUMBERLAND COUNTY, PENNSYLVANIA ra
CIVIL DIVISION rrt CE7 r
77 --4 -7Jrr'
DISCOVER BANK ter"'
Plaintiff
=cam i
vs. Civil Action No. 13-4307-CTIL~;' ---t
JOANNA D JONES
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judyntent against the Defendant JOANNA D JONES above named,
in the default of an Answer, in the amount of $4751 . 01 computed as follows :
Amount claimed in Complaint $4751 . 01
Less payments / adjustments made $0 . 00
Attorney' s fees $0 . 00
TOTAL $4751 . 01
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, WEI BERG & REIS CO. , L.P.A.
By: [n/
William T. Molcza , 47437
30119294 C A Pit SJS
Plaintiff ' s address is :
c/o WELTMAN, WEINBERG & REIS CO. , L. P.A. ,
436 7th Ave Ste 1400 Pittsburgh PA 15219-1827
And that the last known address of the Defendant is :
JOANNA D JONES
17 CHANNEL DR
CARLISLE, PA 17013
41 ..60 PA Ate/
e.'its'114/9
)44;a Mailed
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case No. 13-4307-CIVIL
vs.
JOANNA D JONES
Defendant
IMPORTANT NOTICE
TO:
JOANNA D JONES
17 CHANNEL DR
CARLISLE, PA 17013-1206
Date of Notice: 1U 0
YOU ARE IN DEFA LT 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.
2 e—
By:
Matthew Urban
P.A.I.D.#90963
WELTMAN,WEINBERG & REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh, PA 15219
Phone: (412)434-7955
(412)338-7130
30119294 A PIT I-14N
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs . Civil Action No. 13-4307-CIVIL
NON-MILITARY AFFIDAVIT
JOANNA D JONES
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, JOANNA D JONES 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:
JOANNA D JONES
17 CHANNEL DR
CARLISLE, PA 17013
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
Results as of:Sep-27-2013 06:42:54
Department of Defense Manpower Data Center
SCRA 3.0
, "' Status Report
. Pursuant to Sery eernenbe s Civil Relief Act
Last Name: JONES
First Name: JOANNA
Middle Name:
Active Duty Status As Of: Sep-27-2013
On Active Duty On Active Duty Status bate
Active Duty Start Date Active Duty End Date Status Service Component
NA NA - No NA
This response`effects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days 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 Data
The Member or HistHer 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 to 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.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
yhal
`
r
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and 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/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 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: X4Y3IEBBG01 CWCO
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 13-4307-CIVIL
JOANNA D JONES
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the/f llowing Order of Judgment
was entered against you on id 413
(xx) Assumpsit Judgment in the amount of $4751 . 01 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
l.201/0404000
Prothonotary
w
By.PROTHONOTARY (OR DEPUTY)
JOANNA D JONES
17 CHANNEL DR
2ARLISLE, PA 17013
'laintiff ' s address is:
'/o WELTMAN, WEINBERG & REIS CO. , L.P.A. ,
36 7th Ave Ste 1400
ittsburgh PA 15219-1827
412) 434-7955
..E •Or'i 3L....
P O TNONO TAR
2014 MAR 31 NI 4: 13
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
JOANNA D JONES r ChLnne t Dr.
C�r�i'S1e Pp flOI )
Defendant(s) �1r
CORNERSTONE FCU S Ca s4 £k r•
Garnishee(s)
cat_ u
)65.-75 It <,
14.SbtL
6\9b.8( ?el a
No. 13- 4307 -CIVIL
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT ONLY)
0.,,v1A;lt ,130 not 3
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James P. Valecko, Esquire
PA I.D. #79596
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7th Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
0 Lc,
01,# flpyd?
4# 3U3763
WWR No. 30119294
rl�
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
JOANNA D JONES
Defendant(s)
CORNERSTONE FCU
Garnishee(s)
TO THE PROTHONOTARY:
Civil Action No. 13-4307-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against JOANNA D JONES , Defendant
3. against CORNERSTONE FCU, , Garnishee
4. Judgment Amount $4,751.01
Less Payments/credits received $0.00
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
$ $133.55
$4,884.56
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James P. V ecko, Esquire
PA I.D. #79596
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7th Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 30119294
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA • 17013
(717) 240 -6195
www.ccpa.net
DISCOVER BANK
Vs..
JOANNA D. JONES
WRIT OF EXECUTION
(Pa R.C.P. 3252)
NO 13 -4307 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against JOANNA D. JONES, 17 CHANNEL DRIVE,
CARLISLE, PA17013 Defendant (s)
(1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
(2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of
CORNERSTONE FCU GARNISHEE(S), as garnishee, 5 EAST GATE DRIVE, CARLISLE, PA 17013
(Specifically describe property) and to notify the garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee 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; ,
(c) the attachment shall not include
(i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed
$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If
multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as
determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general
exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
1
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $4,751.01 Plaintiff Paid
Interest $133.55 Law Library $.50
Attorney's Comm. % Due Prothonotary $2.25
Other Costs
Attorney Paid $190.81
Date: 3/31/14
(Seal)
David D. Buell, Prothonotary
REQUESTING PARTY:
Name : JAMES P. VALECKO, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7TH AVENUE, SUITE 1400
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412 -434 -7955
Supreme Court ID No. 79596
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
2
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFF �RCFp
APR | | Ail 10: CUMBERLAND T�
Discover Bank
vs.
Joanna D Jones
Case Number
2013-4307
SHERIFF'S RETURN OF SERVICE
04/07/2014 02:55 PM - VVilliam Cline, 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, Cornerstone Federal Credit Union, 5 Eastgate Drive, South Middleton
Township, Carlisle, PA 17013, Cumberland County, by handing to Linda Pattison, Teller, personally three
copies of interro atories together with three true and attested copies of the Writ of Execution and made the
contents there of known to her.
The writ of execution and notice to defendant was mailed on April Q.2U14to Joanna D. Jones at 17
Channel Drive, Carlisle, PA17O13.
April 08, 2014
7)
MCL(NE.DEPUTY
SO ANSWERS,
RONNYR ANDERSON, SHERIFF
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Matthew D. Urban, Esquire
I.D. No.90963
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 30119294
O ;,
Attorney for PlainilFfis)r,,
eE
�NSYLV Ui4 "'r�
DISCOVER BANK
CUMBERLAND County
Court of Common Plea
vs.
JOANNA D JONES
and
CORNERSTONE FCU
Garnishee(s)
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
NO. 13-4307 CIVIL
r
-73
-10
-n
c)
o rn
TO THE PROTHONOTARY:
Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s),
CORNERSTONE FCU, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Matthew D. Urban, Esquire
Attorney for Plaintiff
av,„1, q std a!�
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICE OFTH 'N.aR FP
2015 JAN i2 PM 3: 13
CUMBERLAND COUNTY
PENNSYLVANIA
Discover Bank
vs.
Joanna D Jones
Case Number
2013-4307
SHERIFF'S RETURN OF SERVICE
04/07/2014 02:55 PM - William Cline, 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, Cornerstone Federal Credit Union, 5 Eastgate
Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Linda Pattison,
Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of
Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on April 9, 2014 to Joanna D. Jones at 17
Channel Drive, Carlisle, PA 17013.
01/08/2015 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: $88.76 SO ANSWERS,
January 08, 2015 RON2-R ANDERSON, SHERIFF
(c) CourtySuitc Sheriff, Te!eosoft, !^c.
ee-
52,, !�
64- 9 f24<5f
A"3/6 -- ,c9
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
DISCOVER BANK
Vs.
JOANNA D. JONES
WRIT OF EXECUTION
(Pa R.C.P. 3252)
NO 13-4307 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against JOANNA D. JONES, 17 CHANNEL DRIVE,
CARLISLE, PA17013 Defendant (s)
(1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
(2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of
CORNERSTONE FCU GARNISHEE(S), as garnishee, 5 EAST GATE DRIVE, CARLISLE, PA 17013
(Specifically describe property) and to notify the garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee 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;
(c) the attachment shall not include
(i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed
$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If
multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as
determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general
exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
1
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $4,751.01 Plaintiff Paid
Interest $133.55 Law Library $.50
Attorney's Comm. % Due Prothonotary $2.25
Attorney Paid $190.81 Other Costs
Date: 3/31/14
(Seal)
David D. Buell, Prothonotary
REQUESTING PARTY:
Name : JAMES P. VALECKO, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7T11 AVENUE, SUITE 1400
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 79596
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1 $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
TRUE COPY FRO RECORD
In Testimony whereof, I,here unto set my hand
and the e I of said Court t�at Carl sle,' Pa.
This / -day of - %I lavJ1 20 f (1
Prothonotary
2