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13-4461
Supreme Court of Pennsylvania WWR 30141253 C A Pit SJS f�. - Court, Commoilleas civil Co Q eF $heQt. For Protltonotary L %se Orrl pq C UMBERLAND \, COUllty Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of pleadings or other papers cis required by low or rules of court. Commencement of Action: S 12f Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T LORRAINE G BENNETT I 0 Are money damages requested? 53 Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes 19 No Is this an NMJ Appeal? ❑ Yes E 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 Cl Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution l( 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 13 Product Liability (does not include E3 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 THE P IR 0THG IvT ti?Y 2jr 13 JUL 29 PM '1. 0 o CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK �} / Plaintiff No: VS. COMPLAINT IN CIVIL ACTION LORRAINE G BENNETT 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 30141253 C A Pit SJS 0IN 'n 0? 93728 • - r r unto set mv ha— pa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No LORRAINE G BENNETT 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 236 BOSLER AVE FL 2 LEMOYNE, PA 17043 S. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6921. 6. Defendant made use of said credit card and has a current balance due of $6964.33. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11 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, LORRAINE G BENNETT, INDIVIDUALLY, in the amount of $6964.33 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. W T. Molczan rRETS 7 WELTMAN, WEINBERG CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30141253 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 - Discover More Card Account number ending in 6921 Open Date: Apr 1, 2013- Close Date: Apr 22, 2013 Cordmember Since 2001 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $6,964.33 New Balance $ 6,964.33 Payments and Credits — $0.00 Minimum Payment Due " $6,964.33 Purchases + $0.00 Payment Due Date May 17, 2013 Balance Transfers + $0.00 • Includes past due amount of: $1465.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $0.00 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $6,964.33 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 29.99% variable. See Interest Charge Calculation section following the Minimum Payment 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 $0 balance. For example: Credit Line Available $0 lfyqu make no,additionnt chdrges You wall poy ; #the'' Andyouwfll end up us�rj the curd and each vnonih balance3hown An`Ihis paying on eshrrmated total Cash Advance Credit Line $0 you.pay.., statemetl:in about;;: Af.` Cash Advance Credit Line Available $0 Only the minimum paymed 9 years $6,964 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 Cashback Bonus® Anniversary Month 1- 800 - 347 -2683 November Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period — $ 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment. Payment Coupon pd - y online Account number ending in 6921 Please do not fold,, chp or sfiaple Dtstovercom �+ 1 800347.2683 Minimum Payment Due $6,964.33 Iiillillliiiliilliillll� lliiilillllinluiiililllllil New Balance $6,964.33 Payment Due Date May 17, 2013 LORRAINE G BENNETT Amount enclosed I 703 ERFORD RD CAMP HILL PA 17011-1126 PO BOX 6103 CAROL STREAM IL 60197 -6103 ' IIII�IIIII��II��I' II��II���IIIIIII 'I'I� 301412531 Internet payments must be received by 5PM ET to be credited as of the some day. Address, e-mail or telephone changed? Note changes on reverse side. EXN1B�' 000001986618237846907069643300030790696433 LORRAINE G BENNETT Account number ending in 6921 Open Date: Apr 1 2013 - Close Date: Apr 22, 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See your Cardmember Agreement. Your Cardmember Agreement all transactions must comply with U.S. law. contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. 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 cis listed Box 30421, Salt Lake City, UT 84130 -0421. You 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. If 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 to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement. If your scheduled rights. Please see your Cardmember Agreement or visit payment is greater than the New Balance on your billing statement, that hops : / /discover.com /billingrighis for a copy of this notice. payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the Payments. You may pay all or part of your Account balance at any time. billing statement based on credits or payments after the Close Date. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your ppayment and the bottom portion of this statement If you enroll by phone in our automatic payment service, please fill -in the in the envelope provided. Uo not send cash. If you pay by check, you following blanks below and retain the authorization for your records. authorize us o use information on your check to make an electronic fund transfer from our account at the financial institution indicated on your check Amount: 0 Full Pay [] Min Pay [] Min Pay+ $ or to process the paymeni as a check transaction. If a payment is processed as an electronic fundtronsfer, the transfer will be for the amount of the Q Other Amount$ ;Bank Routing #: i check. When we use nformation from your check to make an electronic fund gunk Account # transfer, funds may be withdrawn from your account as soon as the same day we receive you your financial i r poyment, and you will not receive your check back from Monthl on the Payment Due Date 0 Close Dote nsti tution. y The processing of your payment may be delayed if you send cash, El Day of month (insert date) 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. Credit Reporting. We may report information about your Account to credit Payments received in proper form at our processing facility by 5PM local time bureaus. Late payments, missed payments, or other defaults on your Account on any day will be credited to your Account as of that day. Payments received may be reflected in your credit report. We normally report the status and at our processing facility after 5PM local time will be credited to your Account payment history of your Account to credit reporting agencies each month. If as of the next day. If you have misplaced your envelope, send your payment you believe that our report is inaccurate or incomplete, please write us at the to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. days for delivery. If your payment is returned unpaid, we reserve the right to Please include your name, address, home telephone number and Account resubmit it as an electronic debit. Payments made online or by phone will be number. credited as of the day of receipt if made by 5 PM Eastern time. Paying Interest. Your due date is at least 25 days after the close of each You can pay your monthly Minimum Payment Due, or a greater amount that billing period (at least 23 days for billing periods that begin in February). We does not exceed your current Account balance, over the telephone or you can will not charge you any interest on Purchases if you pay your entire balance setup automatic payments through a customer service representative by by the due date each month. We will begin charging interest on Cash calling 1- 800 - 347 -2683. Automatic payments for the billing period shown Advances and Balance Transfers as of the later of the Transaction Date or the on your statement will be deducted on the Payment Due Date shown on that first day of the billing period in which the transaction posted to your Account. statement, or the next automatic payment date referred to on your statement, unless you request a recurring payment date (e.g., the 15" day of the month) How We Calculate Interest Charges. We Use the Daily Balance Method that occurs before your Payment Due Date or Close Date. If your scheduled (including current transactions) to calculate the Balance Subject to Interest payment date falls on a weekend or bank holiday, your payment will be Rate. For more information, please call us at 1- 800 - 347 -2683. 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 Balance Subject to Interest Rate. Your statement shows a Balance Subject your bank account information. You will be asked to provide the last four (4) to Interest Rate. It shows this for each transaction category. The Balance digits of the social security number of the primary borrower. By providing Subject to Interest Rate is the average of the daily balances during the billing those numbers as your electronic signature, you will be agreeing to this period. authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your bank account. You also Credit Balances. If your Account has a credit balance, the amount is shown authorize us to initiate debit or credit entries to your bank account, as on the front of your billing statement. A credit balance is money that is owed applicable, to correct an error in the processing of such payment. You can to you. You may make charges against this amount if your Account is open. cancel a scheduled payment by phone at 1- 800 - 347 -2683 or by mail at We will send you a refund of any remaining balance of $1.00 or more after Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must 6 months, or as otherwise required by applicable law, or upon request made receive notice at least three business days in advance of the scheduled to the address in the Contact Us section on page 3 of your billing statement. payment. If your payments may vary in amount we will tell you on each Discover may monitor and /or record telephone calls between you and monthly billing statement when your payment will be made and how much it Discover representatives for quality assurance purposes. will be. The Discovery card is issued by Discover Bank, Member FDIC. TL23N CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email 38 M t 53 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISCOVER Discover More Card Account number ending in 6921 Open Date: Apr 1, 2013 - Close Date: Apr 22, 2013 Page 3 of 4 CONTACT US A Web Mobile Phone Inquiry Mail Payments Access your � Manage your © 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 Salt Lake City Carol Stream m.Discover.com UT 84130 IL 60197 -6103 Transactions Trans. Date Post Date 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 $ 105.00 TOTAL INTEREST CHARGED IN 2013 $ 33 2.09 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 22 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 24.99% $0.00 $0.00 Expired Promotional Purchases Promotional Purchases 24.99% $0.00 $0.00 Cash Advances 26.99% $0.00 $0.00 Balance Transfers 5.90% $0.00 $0.00 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cordmember Agreement or go to www.discover.com /interestcharges 30141253 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION LORMNE G BENNETT Account number ending in 6921 Open Date: Apr 1, 2013 - Close Date: Apr 22, 2013 Page 4 of 4 30141253. VERIFICATION (Name) (Titl 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 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 ( 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 Sheriff 0,g,lit C11111b" Cl: THE PROTHONOTARY Jody S Smith Chief Deputy 7013 SEP'A —6 AM 11� 17 Richard W Stewart Solicitor OFFICE OF T149 SHERIFP CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Case Number Lorraine G Bennett 2013-4461 SHERIFF'S RETURN OF SERVICE 08/30/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lorraine G Bennett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Served"at 236 Bosler Ave. Floor 2, Lemoyne Borough, Lemoyne, PA 17043. Several attempts at service were made but deputies were unable to make contact with anyone at the residence and the Complaint has expired. SHERIFF COST: $64.16 SO ANSWERS, August 30, 2013 RbNW R ANDERSON, SHERIFF (C)CountySufte Sheriff,Teleosoft,Inc, =� ' '11 j" ii P' p NA S �4 NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-4461 vs. MOTION FOR ALTERNATE SERVICE LORRAINE G BENNETT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30141253 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-4461 vs. LORRAINE G BENNETT Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, Lorraine G. Bennett, by certified U.S. Mail and Certificate of Mailing, addressed to 236 Bosler Avenue, Fl 2, Lemoyne,Pa 17043, averring in support thereof the following: 1. On or about July 29, 2013, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of$6,964.33. 2. When the Sheriff of Cumberland County, Pennsylvania, attempted to make service of Plaintiffs Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriffs return, a true and correct copy of which is attached hereto, marked Exhibit"1",and made a part hereof. 3. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR#30141253 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 236 Bosler Avenue,Fl 2, Lemoyne,Pa 17043, a true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit"2",and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 236 Bosler Avenue, Fl 2, Lemoyne, Pa 17043. 6. Plaintiff conducted an online search of the Cumberland County Tax Assessment office, which could not confirm the Defendant as being the registered owner of 236 Bosler Avenue, Fl 2, Lemoyne, Pa 17043. 7. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the Accurint Total Research System to confirm the physical address of the Defendant. 8. Pursuant to Plaintiff's request for information, Accurint Total Research System confirmed Defendant's physical address of 236 Bosler Avenue, Fl 2, Lemoyne, Pa 17043. A true and correct copy of the search results is attached hereto, marked as Exhibit "3",and made a part hereof. 9. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR#30141253 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (236 Bosler Avenue, Fl 2, Lemoyne, Pa 17043) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. William T. Molcza Esquire PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30141253 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 13-4461 Plaintiff vs. LORRAINE G BENNETT Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430(a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg& Reis, Co., L.P.A.,attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 236 Bosler Avenue, Fl 2, Lemoyne, Pa 17043. A true and correct copy of the Postal Service Return is marked Exhibit"2"attached hereto and made a part hereof. b. Plaintiff conducted an online white pages search which could not confirm 236 Bosler Avenue, Fl 2, Lemoyne, Pa 17043 to be Defendant's current address. c. Plaintiff requested current address information from the Accurint Total Research System, which request for information confirmed the current address for Defendant as being 236 Bosler Avenue, Fl 2, Lemoyne,Pa 17043. A true and correct copy of the search results is attached hereto, marked as Exhibit "3",and made a part hereof. WWR#30141253 d. Plaintiff conducted an online tax-assessment search for the address of the Defendant that could not confirm the Defendant as being the registered owner of 236 Bosler Avenue,Fl 2, Lemoyne, Pa 17043. Finally, Affiant deposes and says that after the foregoing investigation,the exact whereabouts of the Defendant, Lorraine G. Bennett, is 236 Bosler Avenue, Fl 2, Lemoyne, Pa 17043. WELTMAN, WEINBERG&REIS, CO., L.P.A./1-- William T. Molczan,Esq e PA I.D.#47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 Sworn to//a�nd subscribed b- ore me this lQ da � ,2014 Am11111/- - COMMONwTli OF i NNSYLVAIyIA Notary Wendy L G Gaup, city of m. rgh All,"Ma ry Public MY Com ,Memo Pennsylvania 2014 of Notaries WWR#30141253 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a,01,of .101, ,01,0 Jody S Smith Chief Deputy Richard W Stewart Solicitor ?7FR° or TH �i Gp(FF Discover Bank Case Number vs. 2013-4461 Lorraine G Bennett SHERIFF'S RETURN OF SERVICE 08/30/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Lorraine G Bennett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Served"at 236 Bosler Ave. Floor 2, Lemoyne Borough, Lemoyne, PA 17043. Several attempts at service were made but deputies were unable to make contact with anyone at the residence and the Complaint has expired. SHERIFF COST: $64.16 SO ANSWERS, August 30,2013 RONNY R ANDERSON, SHERIFF tc)3ila YSuite Sherit.ref€osct;ne. Postmaster Date: October 25,2013 LEMOYNE,PA 17043 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address(if a boxholder)for the following: Name: LORRAINE G BENNETT 236 BOSLER AVE FL 2 Address: LEMOYNE,PA 17043 Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name,if known,and Post Office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(5)(ii). There is no fee for providing boxholder or change of address information. 1. Capacity of requester(e.g.,process server,attorney,party representing self): ATTORNEY 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting pro se—except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: LORRAINE G BENNETT,DISCOVER BANK 4. The court in which the case has been or will be heard: PROTHONOTARY CUMBERLAND C 5. The docket or other identifying number(a or b must be filled out): X a. Docket or other identifying number: #13-4461 b. Docket or other identifying number has not been issued 6. The capacity in which this individual is to be served(e.g.,defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OR LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). I certify that the above information is tale and that the address information is needed and will be used solely for service of legal process in conjunction with actual or prospective litigation. Div Signature WELTMAN,WEINBERG&REIS CO.,L.P.A. William T.Molczan,Esquire/PA ID#47437 436 7th Ave Ste 1400 Attorney Pittsburgh,PA 15219 Printed Name WWR File No. 30141253 r ��(7 User:WLG �/ FOR POST OFFICE USE ONLY No change of address order on file: J( Moved,left no forwarding address: No such address: NEW ADDRESS OR BOXHOLDER'S NAME POSTMARK AND STREET ADDRESS _Phi 7 01C 1 :'01. ■ 690/17924575 Deep Skip Search Page 1 of 1 LORRAINE G BENNETT 4619 LORRAINE BENNETT vaid 236 BOSLER AVE FL 2 7174124049-EST XXX-XX-4461 55N LORRAONME G LEMOYNE PA 17043-1927 Dec 12-Jan 14 BENNETT ' SSN not recently Dec 1974-Nov 2013 BENNETT EUGENE LORRIANE G BENNETT reported for `Probable current address *141.Active Phone LORRIENE G BENNETT subject. LARRAINE BENNETT LORRIENE BENNETT LexID:185139982 717-737-5947-EST DOB:8/26/1951 Apr 13-Jan 14 •ge:62 BENNETT EUGENE DOB: 1/1/1951 ''*Active Phone •ge:63 Gender-Female *View Sources -8 �. 4 r fit ri 1 i tv F-1 1i g 3 https://secure.accurint.com/app/bps/misc 1/2/2014 • CERTIFICATE OF SERVICE The undersigned certifies that a true an5l correct copy of the within Motion for Alternate Service was served on the 13 day of 1)0. L 2014,by first class, U.S. Mail, postage-prepaid, addressed as follows: Lorraine G. Bennett 236 Bosler Avenue, Fl 2 Lemoyne, Pa 17043 1J Attorney for Plaintiff WWR#30141253 DISCOVER BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF . r7 • PZ)C .c- r._ te ..J R. LORRAINE G. BENNETT, : .�- DEFENDANT : 13-4461 CIVIL T'r' za '� r\3 r"i ORDER OF COURT -< AND NOW, this 23rd day of January, 2014, upon consideration of the Plaintiff's Motion for Alternate Service; IT IS HEREBY ORDERED AND DIRECTED that the Motion for Alternate Service is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that: 1. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last known address at 236 Bosler Avenue, Fl 2, Lemoyne, PA 17043; 2. That the Sheriff and/or Plaintiff is directed to serve the Complaint upon the Defendant, Lorraine G. Bennett, by posting a copy of the Complaint upon the premises at 236 Bosler Avenue, Fl 2, Lemoyne, PA 17043; 3. All future service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address. By the Court, M. L. Ebert, Jr., -� William T. Molczan, Esquire 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 bas e4p, LL, 1/02.311<( 't•Y) WELTMAN,WEINBERG & REIS CO.,L.P.A. BY: William T Molczan,Esquire Attorney for Plaintiff(s) C-- I.D. No.47437 rn a r 436 Seventh Avenue, Suite 1400 ' co Pittsburgh,PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 --- -�-— File#30141253 r ' DISCOVER BANK Plaintiff CUMBERLAND County Court of Common Pleas vs. NO. 13-4461 LORRAINE G BENNETT Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG& REIS CO., L.P.A. By Vil iam T olc , Esquire Attorney for Poltiff a a c Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Nil_.D ` rt r THE PRO hO 4U lt' N 5,ON:\; of CET �rrtr� 2QI t R 12 PM 2: 14e. CUMBERLAND a COUNTY F TH. Discover Bank vs. Lorraine G Bennett Case Number 2013 -4461 SHERIFF'S RETURN OF SERVICE 02/26/2014 02:52 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice upon the within named Defendant, to wit: Lorraine G Bennett, pursuant to Order of Court by "Posting" the premises located at 236 Bosler Ave. Floor 2, Lemoyne Borough, Lemoyne, PA 17043 with a true and correct copy according to law. SHERIFF COST: $38.00 February 28, 2014 (c) CountySu to Sheriff, TGleose■ TI - 'BLACK, D- EP- UTY SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORRAINE G BENNETT Defendant Civil Action No. 13-4461 TYPE OF PLEADING: AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: -0 William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 INWR#0942804a 3 oi 41,2.5-3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff vs. Civil Action No. 13-4461 LORRAINE G BENNETT AFFIDVAIT OF SERVICE DISCOVER BANK Defendant. BEFORE ME, the undersigned authority, personally appeared William T. Molczan, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, LORRAINE G BENNETT 1. On or about January 28, 2014, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon mailing to the last known address by certified mail, return receipt requested and certificate of mailing and by posting of the premises. 2. On or about February 20, 2014, Plaintiff mailed the complaint to Lorraine G Bennett. Said certificate of mailing and certified mail receipts are attached as Exhibit "1". 3. On or about February 26, 2014, Plaintiff had the Sheriff of Cumberland County post the Complaint at 236 Bosler Avenue, Floor 2, Lemoyne, PA 17043. Service is deemed perfected on February 26, 2014. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, Es.ire Sworn to and subscribed before me PA I.D. #47437 This I day of : L , 2014 WELTMAN, WEINBE G & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 2920-0001 6507 0552 ru rgD N U.S. Postal ServiceTM - CERTIFIED MAILTM RECEIPT • t Domestic Mail Only; No insurance coverage Provided) For delivery information visit our website at www.usps.coma • Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee. (Endorsement Required) Total Postage & Fees To $ z7;;;;TIoiTs■.,:': ;F:---3. 20201: $ 7 114 Sent C -lenfe4 o“c3L.J.-C\f' Street, Apt No.; o. zau Brb, or PO Box N ct 2 043 City, State, ZIP+4 • — rio PS Form 3800, August 2006 See Reverse for Instructions DISCOVER BANK Plaintiff VS. LORRAINE G BENNETT TO THE PROTHONTARY: FIED-OFFICE THE PROTHONOTARY IN THE COURT OF COMMON PLEAS 2014APR21 Mt 8 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 13-4461 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant LORRAINE G BENNETT above named, in the default of an Answer, in the amount of $6964.33 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $6964.33 $0.00 $0.00 $6964.33 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. 30141253 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 : LORRAINE G BENNETT 236 BOSLER AVE FL 2 LEMOYNE, PA 17043 LLD.5O sc ATri sidp83/p 30qate8 Notice miId IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORRAINE G BENNETT Defendant Case No. 13 -4461 IMPORTANT NOTICE TO: LORRAINE G BENNETT 236 BOSLER AVE FL 2 LEMOYNE, PA 17043 -1927 Date of Notice: ?7 Z5 iy 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 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434 -7955 (412) 338 -7130 30141253 A PIT M4Z DISCOVER BANK Plaintiff VS. LORRAINE G BENNETT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 13-4461 NON-MILITARY AFFIDAVIT 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, LORRAINE G BENNETT 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: LORRAINE G BENNETT 236 BOSLER AVE FL 2 LEMOYNE, PA 17043 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. AFFIANT Department of Defense Manpower Data Center Results as of : Apr - 15-2014 11:19:09 AM SCRA 3.0 Status Report Pursuant to Servicememl Civil Relief Act Last Name: BENNETT First Name: LORRAINE Middle Name: Active Duty Status As Of: Apr -15 -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 Duly Status Date This response reflects 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 Duly Status Date The Member or His/Her Unit Was Notified of a Futu a 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. ' 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 (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: 08PDDABFS03AGBO DISCOVER BANK Plaintiff VS. LORRAINE G BENNETT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 13-4461 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t ,following Order of Judgment Il was entered against you on (xx) Assumpsit Judgment in the amount of $6964.33 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 ( ) Arbitra Prothonotary By: LORRAINE G BENNETT 236 BOSLER AVE FL 2 LEMOYNE, PA 17043 PROTHONOTARY (OR DEPUTY) Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORRAINE G BENNETT Defendant(s) METRO BANK MEMBERS 1ST FCU Garnishee(s) TO THE PROTHONOTARY: Civil Action No. 13-4461 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 LORRAINE G BENNETT , Defendant 3. against METRO BANK, MEMBERS 1ST FCU, , Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): oS?• eD/d69 oL--t.tut Cts (3U. oo(1 !t 1 oZTAS ": " gtog. )140 $6,964.33 $0.00 $56.10 $7,020.43 WELTMAN, WEINBERG & REIS CO., L.P.A. By: )-- James P. alecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 3a.a s w SD Lc, CL# "O(YO,011, ,r4,1-55-ifed go -73v9 WWR No. 30141253 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORRAINE G BENNETT Defendant(s) METRO BANK MEMBERS 1ST FCU Garnishee(s) No. 13-4461 PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONS 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 WWR No. 30141253 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. LORRAINE G. BENNETT WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-4461 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against LORRAINE G. BENNETT, 236 BOSLER AVENUE, FL 2, LEMOYNE, PA 17043 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 METRO BANKGARNISHEE(S), as garnishee, 20 NOBLE BLVD., CARLISLE, PA 17013 AND MEMBERS 1sT FCU, 1711 SPRING ROAD, 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. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 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 $6,964.33 Plaintiff Paid Interest $56.10 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Other Costs Attorney Paid $263.16 Date: 6/17/14 (Se II) 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff (H E 'P0 ; �r'��.,L' � f t� i Jody S Smith i 7014 JUH 24 AH 9: 4 S Chief Deputy - Richard W Stewart � � " '` CEUMBERLAIf D CCUA Y Solicitor C:AUICE OF THE SRER,FF P E Fd 4 S Y LVA N I A Discover Bank Case Number vs. Lorraine G Bennett 2013-4461 SHERIFF'S RETURN OF SERVICE 06/20/2014 01:39 PM - Christopher Sharpe, 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, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Laurie Shultz, Member Service Representative, 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. CPT91STOP R SHARPE, DEPUTY SO ANSWERS, June 23, 2014 RONN~ R ANDERSON, SHERIFF (c)C ountySu to Sherif',Teleosof,Hu, . 4..6. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff -i HE P R 0 1 I'jC1i Jody S Smith '` Chief Deputy FP 7314 JUN 24 AM 10' '33 Richard W Stewart CCRLAND Cru"'U l�l y ZR Solicitor ;:}x s OFTHE IP,~ P E N N S Y LVID H I A Discover Bank Case Number vs. Lorraine G Bennett 2013-4461 SHERIFF'S RETURN OF SERVICE 06/20/2014 02:50 PM - Christopher Sharpe, 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, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Maria T. Theodoratos, CLC,Assistant Store Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 23, 2014 to Lorraine G. Bennett, 236 Bosler Avenue, Floor 2, Lemoyne, PA 17043. CHRISTqfPHER SHARPE, DEPUTY SO ANSWERS, June 23, 2014 RON R ANDERSON, SHERIFF (c) au.-Ay9wie Sheriff,Te eoscft,enc. 2G} EE J1`°too, 0a, } I J�.� 30 1BE� pEt'I S YL At©Uti Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND dtt1NTY, PENNSYLVANIA DISCOVER BANK Plaintiff vs. CIVIL DIVISION Civil Action No. 13-4461 LORRAINE G BENNETT Defendant(s) METRO BANK MEMBERS 1ST FCU Garnishee(s) INTERROGATORIES IN ATTACHMENT 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 WWR No. 30141253 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. LORRAINE G BENNETT Defendant(s) METRO BANK MEMBERS 1ST FCU Garnishee(s) Civil Action No. 13-4461 TO: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: LORRAINE G BENNETT , 236 BOSLER AVE FL 2, LEMOYNE, PA 17043 Suggested Reference No.: XXX -XX -4619 XXX -XX - IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee -Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 30141253 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Defendant has account which is a joint spousal account Defendant has account held jointly with Tracy McMurray with a balance of less than the $300 exemption. la. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any propery of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. WWR No. 30141253 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. / By: .�... f -- James James P.. alecko, Esquire PA I.D. 9596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 WWR No. 30141253 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LORRAINE G BENNEI'I Defendant(s) METRO BANK MEMBERS 1ST FCU Garnishee(s) Civil Action No. 13-4461 TO: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 MEMBERS 1ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: LORRAINE G BENNETT , 236 BOSLER AVE FL 2, LEMOYNE, PA 17043 Suggested Reference No.: XXX -XX -4619 XXX -XX - IMPORTANT NOTICES TO GARNISHEE! RECEIVED JUN 202014 r— A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. c�. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee -Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. No. 30141253 � ^ )��_dUL� �-A-vzuf.is INTERROGATORIES IN ATTACHMENT RECEEVEC 1. At the time you were served or at any subsequent time did you owe the defendaraiR 4014 were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money orwere liable tohim for any reason (including funds oodeposit for checking orsavings accounts and oertifioatoxuf deposit)? lu. lfthe answer 0oInterrogatory ] is in the affirmative, state the foliowing: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were serveor at any subsequent tirne was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. no 3. At the time 0tl were served or at any stime did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? n0 5. At any time before or after you were served, did the defendant transfeor deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? no 6. At any time after you were served did you pay, transfer, or deliver any rnoney or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant agai no 7, If you iare a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exeinpt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amouiit being withheld under each exemption and the arnount offunds in eaoh account, and the entity electronically depositing those funds on areourriog basis. [-) �� WWR No, 30141253 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. nO RECEIVED JUN 202014 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution, \O- 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? n�a 12. If the'response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By:( . James P. alecko, Esquire PA I.D. # 9596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 1400 Pittsburgh, PA 1521.9 (412) 434-7955 W WR No. 30141253 _ti VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (Name) f (cf nbcfS 15t Pea_ , garnishee herein, (Title) (Company) RECEIVED JUN 2 0 2014 that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (frecnaint-eirj (SIGNATURE) WWR No, 30141253 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James P Valecko, Esquire I.D. No. 79596 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30141253 FILED -OFFICE ICE (J12- THE PROTHONOTARY Attorney for Plaintiff(9J i 4 AUG 22 PM I2• v 2 CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK Cumberland County Court of Common Pleas vs. LORRAINE G BENNETT and METRO BANK, MEMBERS 1ST FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION NO. 13-4461 TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), METRO BANK, MEMBERS 1ST FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By �.�. James P alecko, Esquire Attorney for Plaintiff 44.50 PL PTr I P' 3101108