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HomeMy WebLinkAbout13-4509 Supr eme Co / urt of;Pe W RN 30119221 C A Pit SJS Court °of Common Pleas Civil Cover. -Sheet ForProthomian- Use Oid C UMBERLAND J e - COunity Docket No: o J l .The information collected on this form is used solely for court administration p urposes. This foi does not supplement or replace the filing and service of'pleadings or other papers as required b lain or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiffs Name: Lead Defendant's Name: T RYAN W FINKEY I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes Cal No Is this an MDJ Appeal? 13 Yes 63 No 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 la 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 [3 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 PE1vj y A 1,1 APB {''f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK �'✓ l `� Plaintiff No: vs. COMPLAINT IN CIVIL ACTION RYAN W FINKEY 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 30119221 C A Pit SJS aa4 ska kw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No RYAN W FINKEY 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 I s 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 401 PINE RD MT HOLLY SPGS, PA 17065: 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6696. 6. Defendant made use of said credit card and has a current balance due of $5757.37. 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, RYAN W FINKEY, INDIVIDUALLY, in the amount of $5757.37 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. l William T. Molczan,,,OP437 WELTMAN, WEINBERG REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30119221 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. New Balance Minimum Payment D Account Number ending in 6696 DISC $ 0.00 $1,299.00 Enter Amount Enclosed Below ll `a__y6anf ue "M $ , October 28, 2011 RYAN W FINKEY 401 PINE RD MT HOLLY SPGS PA 17065 -1824 PO BOX 6103 CAROL STREAM IL 60197 -6103 Address, e-mail or telephone change? Go to www.Diiscovw.com or print change in space above. 000001986618042375548000000000000000129900 Opening Dote: Septerrlber 28, 2011 - dosing Date: September 30, 2011 page 1 of 2 Discover More Card Account Su nn ry Payment Worrriation New Balance $0.00 Minimum Payment Due $1,299.00 Account number ending in 6696 Payment Due Data October 28, 2011 Previous Balance $6,129.37 late, Payer Warring: If we do not receive your minimum Payments And Credits 6,129.37 payment by the date listed above, you may have to pay a late Purchases + 0.00 fee of up to $35.00 and your purchase and balance transfer Balance Transfers + 0.00 APRs for new transactions may be increased up to the Penalty Cash Advances + 0.00 APR of 29.99% variable. Fees Charged + 0.00 Interest Charged + 0.00 New Balance $0.00 Manage Your Account Online at www.Discaver.com See Interest Charge Calculation section following Securely access statements and free online tools, pay bills transactions for detailed APR information online and track and view all transactions simply and easily Credit Line $5,000.00 Make your money worth moresm —find easy ways to earn Credit Line Available $0.00 and redeem cash rewards Cash Advance Credit Line $1,300.00 NEW! Access your account securely through your Cash Advance Credit Line Available $0.00 mobile phone 3 Easy Ways to Contact Us t:ashback Bonus® l Access your account securely at www.Discovercom Anniversary Month 2, Coll 1$00 -DISCOVER (1 80034 7 -26 8 3) April Please have your Discover ®card available. Opening Cashback Bonus Balance $ 0.00 3. Write to us at Discover, PO Box 30943, New Cashback Bonus This Period + 0.00 Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Cashback Boras Balance $ 0.00 Discover, PO Box 6103, Carol Stream, IL 601976103 To learn more, login at www.Discover.com For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Transactions Tetra. Post Date Date Payrrerys and Credits Sep 30 Sep 30 INTERNALCHARGE�OFF $ .6,129.37 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest charged TOTAL IMMEST FOR THIS PERIOD $ 0.00 2011 Totals Year -to -Date TOTAL FEES CHARGED IN 2011 $ 245.00 TOTAL INTEREST CHARGED IN 2011 1 173.35 FXI 30119221 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER • RYAN W FINKEY DISC I sc vfR ] Account number ending in 6696 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Catrrent Billing Period: 3 days TYPE OF BALANCE ANNUAL PEIMENiAGE BALANCE SUBJECT TO INTEItEST OtARGE RATE (APR) INTEREST RATE Purchases 07/17/2010 and after 29.99% V $0 $0 07116/2010 and prior 28.99% $0 $0 Cash Advances 28.99% $0 $0 V = Variable Rate Additional Important him...tian See your C rrdrprrtber Agreement. Your Cordmember Agreement contains all the'tenrs of your Account. Lost or stolen cords. Report immediately! Ca0 1 - 800 - 347.2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421. Soft lake City, UT 84130 -0421 In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. D�ssriZa of blrm, If you think there is on error on your bill, describe what you believe is wrong and why you believe it is a mistoke. You must contact us within 60 days after the error appeared on your statement. You must notify in of arty potential errors in w�fina You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. W bile we investigate whether or not there has been an error, the following are true: We cannot try to tolled the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. W bile you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your redit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt lake City; UT 84130 -0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments You may pay all or part of your Account balance at arty time. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the Payment as a check transaction. 0 payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. W hen we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper form at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 601 97 61 03. Please allow 7 -10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. 30119221 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC *VER You can pay your monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the telephone or you can setup automatic payments through a customer service representative by calling 1$003474683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring payment date (e.g. the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments b telephone, you will need this statement and your bank account information. You will be asked to provide the last four (4�digits of the social security number of the primary borrower. By Providing those numbers as your electronic signature, you will be agreeing to this 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 authorize us to initiate debit or cret entries to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1500347 -2683 or by mail at Discover, PO Box 30421, Salt lake City, UT 84130 -0421 however we must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will be. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on your monhly billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. If your scheduled payment is greater than the New Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. If you enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization for your records. Amount: ❑ Full Pay ❑ Min Pay ❑ Min Pay +$ ❑ Fixed Pay$ Bank Routing * , Bank Account #: , Frequency: Cedit Reporting. We may report information about your Account to credit bureaus. late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number. Paying Irde esh W e begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the daily balance. W e cordinue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cosh Advances. How to Avoid Payipq Interest on Purchases (" Grace Period") If you paid the New Balance on your previous billing statement by the Payment Due Date shown an that billing statement, we will not impose interest charges on new Purchases, or ar�y portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current billing statement. How W e Aooly Payments Mav Impact Your Grace Period If you do not pay your New Baance in full each month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. Flow We Calculate Interest Charges Daily Balance Method (including currerd trarsadions): We calculate interest charges each billing period by first figurirg the 'daily ba[arce" for each Transaction Category. Transaction Categpries include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance for Each Transaction Category W e start with the beginning balance for each day. The beginning balance for the first day of the billing period is your balance on the last day of your previous billing period We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add a iry new transactors or fees as of the later of The Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. We subtract any new credits and payments. We make other adjustments (including those adjustments required in the 'Paying Interest" section). How We Figure Your Total Interest Charges We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing period. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. How We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. W e add all other fees to the standard Purchase Transaction Category. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rafe. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit Balarces. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make charges against this amount if your Account is open. We will send you a refund of any remaining balance of $1.00 or more after 6 months, or as otherwise required by applicable law. For TDD (feleconnt mica ions Device for the Deaf) assistance, please call 1- 800 - 347 -7449. Discover may monitor and /or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover ® card is issued by Discover Bank, Member FDIC RZNFE001 30119221 Questions? Visit www.Disccver.com or DISCOVER call 1 -800 -DISCOVER (1 -800347- 2683). VERIFICATION _P1AEn1 A RA LL U + P (ryyTlbl-J S upnorz i Soect AXJS (Name) (Title) of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to 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 Services. Date �- (Signature) DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany, OH 43054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F ILID-O.HICE Sheriff Jody S Smith ,,itix►�,at c"er�r�tr,t�f O THE PROT ` ONOTAJ �' Chief Deputy , 2013 AUG 2$ Ail 10' 37 Richard W Stewart Solicitor , R; ,. ;w CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Case Number Ryan Finkey 2013-4509 SHERIFF'S RETURN OF SERVICE 08/23/2013 05:24 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Kelly Finkey-wife, who accepted as"Adult Person in Charge"for Ryan Finkey at 401 Pine Road, South Middleton, Mt. Holly Springs, PA 17065. NOAH CLINE, DEPUTY SHERIFF COST: $35.91 SO ANSWERS, August 26, 2013 RbNW R ANDERSON, SHERIFF (G).^.cu.n.tySuiie Sheriff,Tcleosof,Inc, • l,• IN THE COURT OF COMMON PLEAS THE `'MW THCNOTALL CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 21313 OCT 21 PM 3: 32 DISCOVER BANK CUMBERLAND COUNTY PENNSYLVANIA Plaintiff vs . Civil Action No. 13-4509 CIVIL RYAN W FINKEY PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant RYAN W FINKEY above named, in the default of an Answer, in the amount of $5757 . 37 computed as follows : Amount claimed in Complaint $5757 . 37 Less payments / adjustments made $0 . 00 Attorney' s fees $0 . 00 TOTAL $5757 . 37 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C. P . 237 . 1 on the dates indicated on the Notices . WELTMAN, WEINBERG & REIS CO. , L. P.A. By: i6FM William T. Molczan, 437 30119221 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 : RYAN W FINKEY 401 PINE RD MT HOLLY SPGS, PA 17065 It.0.50pdoilli, CLif 113av Nake tried IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 13-4509 CIVIL vs. RYAN W FINKEY Defendant IMPORTANT NOTICE TO: RYAN W FINKEY 401 PINE RD MT HOLLY SPGS, PA 170 5-1 24 Date of Notice: q I?j 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 30119221 A PIT H4N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No. 13-4509 CIVIL NON-MILITARY AFFIDAVIT RYAN W FINKEY 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, RYAN W FINKEY 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: RYAN W FINKEY 401 PINE RD MT HOLLY SPGS, PA 17065 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 . )-1171 AFFIANT Results as of:Oct-09-2013 10:25:48 Department of Defense Manpower Data Center SCRA 3.0 Status R rt Pursuant to Sery cemembers Civil Relief Act Last Name: FINKEY First Name: RYAN Middle Name: Active Duty Status As Of: Oct-09-2013 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 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 Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification 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. Yhamisp r'1 �. 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/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(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: O47EEA8FM0E0150 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No. 13-4509 CIVIL RYAN W FINKEY NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on ©C , a\ t 'O-t3 . (xx) Assumpsit Judgment in the amount of $5757 . 37 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 Awar t=we tie) Prothonotary 'AAA' . By: sh PROTHONOTARY (OR UTY RYAN W FINKEY 401 PINE RD MT HOLLY SPGS, PA 17065 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 7IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 13-4509 CIVIL RYAN W FINKEY p I I�'e (� ` Defendant(s) ,�, MEMBERS 1 ST FCU l /� s /C C', �GY l� �, Garnishee(s) oo PRAECIPE FOR WRIT OF EXECUTION r TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against RYAN W FINKEY , Defendant 3. against MEMBERS 1 ST FCU, , , Garnishee 4. Judgment Amount $ $5,757.37 Less Payments/credits received $ $0.00 Interest $ $29.34 Costs $ SUBTOTAL: $ $5,786.71 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG& REIS CO., L.P.A. By: William T. Molczan,Esqu' PA I.D. #47437 f `�) WELTMAN, WEINBERG&REIS CO.,L.P.A. 1400 Koppers Building 001 (4IJy 436 Seventh Avenue Pittsburgh, PA 15219 �S -� 12)434-7955 03. �s tl Cl W No. 30119221 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-4509 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION (BANK`ATTACHMENT ONLY RYAN W FINKEY Defendant(s) MEMBERS I ST FCU Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR No. 30119221 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-4509 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff(s) From RYAN W.FINKEY,401 PINE ROAD,MT.HOLLY SPRINGS,PA 17065 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: MEMBERS IT FCU, 1711 SPRING ROAD,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$5,757.37 Plaintiff Paid$ Interest$29.34 Attorney's Comm. % Law Library$.50 Attorney Paid$185.16 Due Prothonotary$2.25 Other Costs$ Date: 1.2/06/13 David D. Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name : WILLIAM T.MOLCZAN,ESQUIRE Address:WELTMAN,WEINBERG &REIS CO.,L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH,PA 15219 Attorney for:PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No.47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 01 Cumbiw. Jody S Smith W: 4 Chief Deputy Richard W Stewart '' zC, 16 AM ft Solicitor " U 1BERLr:N 3 '[ ` PENNSYLVANIA Discover Bank Case Number vs. Ryan Finkey 2013-4509 SHERIFF'S RETURN OF SERVICE 12/11/2013 09:28 AM -Amanda Ebersole, 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 17013, Cumberland County, by handing to Denise L. Harman, Assistant Branch 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 Ryan W. Finkey, 401 Pine Road, Mt. Holly Springs, PA 17065. '11n iWi ± a ac .Q AMANDA EBERSOLE, DEPUTY SO ANSWERS, r-• December 13, 2013 RON R ANDERSON, SHERIFF ii ,:0_0: 1Oc a HE PROTHOHOTA, 23 13 DEC 16 41°911: 5 6 OOE1�NSYLVAN A Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 13-4509 CIVIL RYAN W FINKEY Defendant(s) INTERROGATORIES IN ATTACHMENT MEMBERS 1ST FCU Garnishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 30119221 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 13-4509 CIVIL RYAN W FINKEY Defendant(s) MEMBERS 1ST FCU Garnishee(s) TO: MEMBERS 1ST FCU, 1711 SPRING RD,CARLISLE, PA 17013 RE: RYAN W FINKEY,401 PINE RD, MT HOLLY SPGS, PA 17065 Suggested Reference No.: XXX-XX-1136 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. 30119221 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)? 61°i. S. 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 property of any nature owned solely or in part by the defendant. '‘ 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 0-0 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? 1v U 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. 0'0 WWR No. 30119221 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. r..0 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. '\3. 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 1 A 12. If the response to Interrogatory 11 is in the affirmative,state the amount of non-exempt funds on deposit in the account. / a `CCS— L J O v. u WELTMAN, WEINBERG& REIS CO., L.P.A. By: h/�,�ti-- William T. Molczan, Es ire PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 30119221 • 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 \ cA 1t 9` CWc.t (Name) -L1 5 of AktAA,64.,,, I Sk t'- cc) , garnishee herein, (Title) (Company) 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. (SIGNATURE) WWR No. 30119221 WELTMAN,WEINBERG & REIS CO.,L.P.A. _ ' 'J ' BY: Matthew D. Urban, Esquire Attorney for Plaintiff(s) pt I.D. No.90963 436 Seventh Avenue, Suite 1400 Jett 6 i Pittsburgh, PA 15219 PENNSYLVANIA Phone: 412.434.7955 Fax: 412.434.7959 File# 30119221 DISCOVER BANK CUMBERLAND County Court of Common Pleas vs. RYAN W FINKEY NO. 13-4509 CIVIL and MEMBERS 1ST FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), MEMBERS 1ST FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff 7 ! • JO)CLc LJ I C K ,/ /279, --+ --02 99t,9 WELTMAN, WEINBERG & REIS, CO. , L.P.A. BY: Matthew D. Urban, 90963 Attorney for Plaintiff (s) I.D. No. 90963 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 30119221 C A Pit SJS DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs . RYAN W FINKEY CASE NO. 13-4509 CIVIL C) co - ;', - PRAECIPE TO SATISFY t- -0 cam; -3>C-> TO THE PROTHONTARY: Kindly mark the case and judgment entered against Defendant RYAN W FINKEY as satisfied. WELTMAN, WEINBERG & REIS CO. , L. P.A. By Matthew D. Urban Attorney for Plaintiff Dtvoc\ 14tA