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HomeMy WebLinkAbout13-4754 e ' Supr eme Couitof Pennsylvania NV R# 30145450 C A Pit SJS Courf CommoWTJeas J % ' For Prothonota Use Orr! •: ,Civil Cover,sh �t n' ! CUMBERLAND. COU Docket No: ; o a / V.2s�l the infor ination collected on this fibrin is used solely for court administration pinposes. 1177s Jbi -i 7 does not supplement or replace the f ling and seivice of pleadings or other papers as required by lain or rules of court. Commencement of Action: S M Complaint ❑ Writ of Summons ❑ . Petition B Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T OMAR BARRON I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: El within arbitration limits N I (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? E3 Yes W No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution 12 Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E E3 Product Liability (does not include (3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: 1 13 Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: Cl Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK L " Plaintiff No _ " � U,/ vs. COMPLAINT IN CIVIL ACTION: OMAR BARRON ! 7 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 30145450 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No OMAR BARRON 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 118 LIGHTHOUSE DR MECHANICSBURG, PA 17050 S. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6720. 6. Defendant made use of said credit card and has a current balance due of $7672.01. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit " 1 " . 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and /or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, OMAR BARRON, INDIVIDUALLY, in the amount of $7672.01 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T. MoiczaA,47437 WELTMAN, WEINBERt7 & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412 - 338 -7130 WWR# 30145450 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 6720 Open Date: Mar 26, 2013- Close Date: Apr 25, 2013 Cordmember Since 1995 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $7,494.16 New Balance $ ],6]2.01 Payments and Credits — $0.00 Minimum Payment Due " $1,154.00 Purchases + $0.00 Payment Due Date May 20, 2013 Balance Transfers + $0.00 " Includes past due amount of: $996.00 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $142.85 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $7,672.01 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 27.24% 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 $6,500 balance. For example: Credit Line Available $0 Ifydilmp�Cennddtlrtt0nalcMrsdes "Youwdrfly$offlhe` gfir�;yciirwi��eridup �sig#ttszard d each rnanth bounce sFtnwn cwt the txryirig an estrr>iated rata' Cash Advance Credit Line $2,500 "tatetlle lYt E7Dp /I 7 A , ✓ z Cash Advance Credit Line Available $0 Only the minimum payment 41 years $35,740 You maybe able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 - 347 - 1121. See reverse for details. REWARDS Contact Us Discover.com Anniversary Month 1- 800 - 347 -2683 Cashback Bonus® September Opening Balance $ 0.00 Please make check payable to Discover. You are overlimit. New Cashback Bonus This Period + $ 0.00 Pay the sum of the Minimum Payment Due plus the remaining Redeemed This Period — $ 0.00 overlimit amount of $1172.01. Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com I I Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment. { N nJ { 5 Y H 4' 3Y6 M1, y .+P P M'� L t4 X' � 4 ✓S_ f 1 4 p . x Pdylrent Coupon da f ©n�11S@ �, �1p�/ gl�/Fllbnle Account number ending in 6720 � �'leaxe dornb# foIrf chip or frfgple'� � x Dts�over Coro '�: 800 -�d� 2b`8� , i Minimum Payment Due $1,154.00 III'IIIIIIIIIIIIII" III' I' lllllllillliillllll 'llllllillliliill New Balance $7,672.0.1 Payment Due Date May 20, 2013 OMAR BARRON 118 LIGHTHOUSE DR Amount enclosed I s MECHANICSBURG PA 17050 -2442 PO BOX 71084 CHARLOTTE NC 28272 -1084 301416"At Internet payments must be received by SPM ET to be credited as of the some day. Address, e- mail or telephone changed? Note changes on reverse side. 000001986459661471031076720100313000115400 i O MAR BARRON Account number ending in 6720 Open Date: Mar 26, 2013 - Close Date: Apr 25, 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. Lost or stolen cards. Report immedioielyl Call 1 -800- 347 -2683. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed What To Do If You Think You Find A Mistake On Your Statement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar If you think there is an error on your statement, write to us at: Discover, PO amount" payment is not enough to cover the Minimum Payment Due as listed Box 30421, 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 https : / /discover.com /billingrights 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 payment and the bottom portion i this statement If you enroll by phone in our automatic payment service, please fill -in the in the envelope provided. Do not send cash. If you pay by c eck, you following blanks below and retain the authorization for your records. author us to use information on your check to make an electronic fund transfer trom your account at the financial institution indicated on your check Amount: ❑ Full Pay ❑ Min Pay ❑ Min Pay+ $ or to process the payment as a check tr nsaction. If a payment is processed as an electronic fund transfer, the transfer will be for the amount of the ❑ Other Amount$ Bank Routing #: check. When we use information 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 your payment, and you will not receive your check back from your financial institution. Monthly on the ❑ Payment Due Date ❑ Close Date The processing of your payment may be delayed if you send cash, ❑ 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 1 5316, 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 mode 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 (a1 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 of 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 Discover@ 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 38149450 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 6720 Open Date: Mar 26, 2013 - Close Date: Apr 25, 2013 Page 3 of 4 CONTACT US A Web ® Mobile O Phone ® Inquiry 0 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 Apr 20 Apr 20 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 142.85 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 142.85 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 140.00 TOTAL INTEREST CHARGED IN 2013 $ 538.79 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 22.24% V $7,563.05 $142.85 Cash Advances 26.24% V $0.00 $0.00 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /inieresicharges 30145450 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION OMAR BARRON Account number ending in 6720 Open Date: Mar 26 2013 - Close Date: Apr 25, 2013 Page 4 of 4 30145450 VERIFICATION ,�ih I J �/i VG V (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 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 3 (Si DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany, OH 43054 F` 4J1110;',.rt Ttt rFjlt Ev t/J' C J, is ruf 4s I chstisYL.4 Ip NT y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-4754 CIVIL vs. MOTION FOR ALTERNATE SERVICE OMAR BARRON 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#30145450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-4754 CIVIL vs. OMAR BARRON 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, Omar Barron, by certified U.S. Mail and Certificate of Mailing, addressed to 118 Lighthouse Drive, Mechanicsburg, Pa 17050, averring in support thereof the following: 1. On or about August 12, 2013, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of$7,672.01. 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#30145450 • 4. Pursuant to Plaintiffs request for information, the United States Postal Service confirmed Defendant's physical address of 118 Lighthouse Drive, Mechanicsburg, Pa 17050, 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 able to confirm a current address for Defendant of 118 Lighthouse Drive, Mechanicsburg, Pa 17050. A true and correct copy of the search results is attached hereto, marked as Exhibit"3", and made a part hereof. 6. Plaintiff conducted an online search of the Cumberland County Tax Assessment office, which confirmed the Defendant as being the registered owner of 118 Lighthouse Drive, Mechanicsburg, Pa 17050. 7. Upon receipt of the Sheriffs 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 Plaintiffs request for information, Accurint Total Research System confirmed Defendant's physical address of 118 Lighthouse Drive, Mechanicsburg, Pa 17050. A true and correct copy of the search results is attached hereto, marked as Exhibit "4", 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#30145450 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 (118 Lighthouse Drive, Mechanicsburg, Pa 17050) 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. Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#30145450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 13-4754 CIVIL Plaintiff vs. OMAR BARRON 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 118 Lighthouse Drive,Mechanicsburg,Pa 17050. 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 confirmed 118 Lighthouse Drive, Mechanicsburg, Pa 17050 to be Defendant's current address. A true and correct copy is attached hereto, marked as Exhibit "3", and made a part herof. c. Plaintiff requested current address information from the Accurint Total Research System, which request for information confirmed the current address for Defendant as being 118 WWR#30145450 Lighthouse Drive, Mechanicsburg, Pa 17050. A true and correct copy of the search results is attached hereto, marked as Exhibit "4", and made a part hereof. d. Plaintiff conducted an online tax-assessment search for the address of the Defendant that confirmed the Defendant as being the registered owner of 118 Lighthouse Drive, Mechanicsburg, Pa 17050. Finally, Affiant deposes and says that after the foregoing investigation,the exact whereabouts of the Defendant, Omar Barron, is 118 Lighthouse Drive, Mechanicsburg, Pa 17050. WELTMAN, WEINBERG& REIS, CO., L.P.A. cr." C William T. Molczan, Esq% - PA I.D. #47437 WELTMAN, WEINBERG& REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 • COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sworn to and subscribed ore me Wendy L.Gault,Notary Public this (0 day of , 2014 City Pittsburgh,aj County My 2a 4 Member.Pennsvlvanla Association of Notaries Notary WWR#30145450 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t>t �a t t� u[euiIi 1, rji�'b Jody S Smith Chief Deputy -,y Richard W Stewart Solicitor OF TI,EMERIry Discover Bank vs Case Number Omar Barron 2013-4754 SHERIFFS RETURN OF SERVICE 10115/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Omar Barron,but was unable to locate the Defendant in his bailiwick,The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 118 Lighthouse Drive,Hampden Township, Mechanicsburg, PA 17050.Complaint expired before service was able to be effectuated, SHERIFF COST:$39.30 SO ANSWERS, October 15,2013 RONIIR ANDERSON, SHERIFF I- ,cJ C„u94$jild ohxnll,Tch,mrc IG. 0/ r�s . Postmaster Date: October 17,2013 MECHANICSBURG,PA 17050 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: OMAR BARRON 118 LIGHTHOUSE DR Address: MECHANICSBURG,PA 17050 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: OMAR BARRON,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: #13-4754 CIVIL 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 true and that the address information is needed and will be used solely for service of legal process in conjunction with actual or prospective litigation. 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 kes WWR File No. 30145450 User:WLG FOR POST OFFICE USE ONLY No change of address order on file: Moved,left no forwarding address: No such address: _ NEW ADDRESS OR BOXHOLDER'S NAME POSTMARK �C S B(j .. ,` AND STREET ADDRESS NOV 20 c. 690/17889474 Free people search and contact details for Omar Barron I WhitePages Page 1 of 1 White Pages.com Omar Barron 35-39 years old Address 118 Lighthouse Dr Mechanicsburg,PA 17050-2442 Previous locations Palm Desert,CA Yucaipa,CA Lynchburg,VA Cathedral City,CA ©2014 WhitePages Inc.-Privacy Policy and Terms of Use ses E6 a http://www.whitepages.com/name/Omar-Barron/Mechanicsburg-PA/lgggw5p 1/2/2014 Deep Skip Search Page 1 of 1 OMAR J BARRON 11110-4681 OMAR BARRON 118 LIGHTHOUSE DR O BARRON LexID: 146031029 MECHANICSBURG PA 17050-2442 DOB: 1/17/1977 Jan 2006-Nov 2013 Age:36 DOB: 1/1/1977 Age:37 Gender-Male *View Sources —7 sir p a _i https://secure.accurint.com/app/bps/misc 1/2/2014 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the 13 day oflaAtAvkl , 2014,by first class, U.S. Mail, postage-prepaid, addressed as follows: Omar Barron 118 Lighthouse Drive Mechanicsburg, Pa 17050 0244, Attorney for Plaintiff / WWR#30145450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-4754 CIVIL r-_` -11Z a- —I r vs. mitt c_. -; x•• r - OMAR BARRON <4E2 1:* r 1> ORDER OF COURT -< c3 rof AND NOW,to-wit,this ?i3 day o jak(A,G,r r L ,2014, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED,that the service of the Complaint in Civil Action may be made on Defendant, Omar Barron,by permitting the Plaintiff to mail a copy of the Complaint to the Defendant at the last known address being 118 Lighthouse Drive, Mechanicsburg, Pa 17050 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: Distribution: ✓Weltman, Weinberg& Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219 ✓ Omar Barron, 118 Lighthouse Drive, Mechanicsburg, PA 17050 7 I CS' I Z.M.I . 3f WWR#30145450 #�KANDC O T���WELTMAN,WEINBERG &REIS CO.,L.P.A. BY: William T Molczan, Esquire Attorney2fq�)�'� 8 I.D.No.47437 436 Seventh Avenue, Suite 1400 C���B3 Y Pittsburgh, PA 15219 PE Phone: 412.434.7955 Fax: 412.434.7959 File# 30145450 DISCOVER BANK Plaintiff C) CUMBERLAND County C-' Court of Common Pleas ca r � . T"n s VS. ?, NO. 13-4754 CIVIL , : , OMAR BARRON Defendants) =C:) f*" PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG& REIS CO., L.P.A. B � Y William T Molcza Esquire Attorney for Plai iff C THE L ;..D -OFF f' iC;' L i' } PROTHONOTARY 2014 PEAR -7 Phi !: 1ft+ CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13 -4754 CIVIL vs. AFFIDAVIT OF SERVICE OF COMPLAINT OMAR BARRON 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 #30145450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. OMAR BARRON Defendant No. 13 -4754 CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT Before me, the undersigned authority, personally appeared William T Molczan, Esquire, who, being duly sworn according to law, deposes and says that on February 18, 2014, he did cause to be sent to Defendant, Omar Barron, Plaintiff's Complaint by Certificate of Mailing Postal Form 3817 and on February 18, 2014, he did cause to be sent to Defendant, Omar Barron, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at his last known address of 118 Lighthouse Drive, Mechanicsburg, PA 17050. True and correct copy of Plaintiff's Certificate of Mailing PS Form 3817 is attached hereto, marked as Exhibit "1" and made a part hereof. Furthermore, true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "2" and made a part hereof. As the Order of Court states, service is deemed to be perfected as of February 18, 2014, the date of mailing. Sworn to and subscribed before me this 2e(r` day of Li'uc r vI14. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esqui PA I.D. #47437 WELTMAN, WEINBER & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434 -7955 WWR #30145450 COMMONWEALTH CF VA A Notarial Seal Wayne A. ]ones, Notary Public CIri of Pittsburgh, Allegheny County C,ommtS.pp_F.xplr_es June 29, 2914 M 4w, PoniiglogiVinf 1itarIN rn 7012 2920 0001 6507 U.S. Postal Service, CERTIFIED MAILTM RECEIPT - - (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Street, Apt. OA or PO Box No City, State ZIP+4 11. 0, II, St 41410 PS Form 3600, August 2006 See Reverse for Instructions ft' • 6, 41• , G▪ -1 c.4 dPostmark <- ..-•" Here la) 41.1 DISCOVER BANK Plaintiff VS. OMAR BARRON TO THE PROTHONTARY: THE PROTHON0-11,i'f IN THE COURT OF COMMON PLEASlo, ,,Dil pm 3:28 CUMBERLAND COUNTY, PENNSYLVANI'Alo" CIVIL DIVISION CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 13-4754 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant OMAR BARRON above named, in the default of an Answer, in the amount of $7672.01 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $7672.01 $0.00 $0.00 $7672.01 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molc n,47437 30145450 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 : OMAR BARRON 118 LIGHTHOUSE DR MECHANICSBURG, PA 17050 144Losbpdo #//5/34ey %W7 0 1\\DA(f..ci IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. OMAR BARRON Defendant TO: OMAR BARRON 118 LIGHTHOUSE DR MECHANICSBURG, PA ,17050 -2442 Date of Notice: Case No. 13 -4754 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO,, L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434 -7955 (412) 338 -7130 30145450 A PIT M4Z DISCOVER BANK Plaintiff VS. OMAR BARRON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 13-4754 CIVIL 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, OMAR BARRON 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: OMAR BARRON 118 LIGHTHOUSE DR MECHANICSBURG, PA 17050 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. S Department of Defense Manpower Data Center Results as of : Mar -31 -2014 10:41:11 AM SCRA 3.0 Status Report Pursuant to Sere ice - members Civil Relief Act Last Name: BARRON First Name: OMAR Middle Name: Active Duty Status As Of: Mar -31 -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 the Individuals' active duty status based on the Active Duty Status Date Left Active Duty VMthin 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisMer 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. v�. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National. Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCIaA 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 eidend 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: G8B3W3C8C05B4C0 DISCOVER BANK Plaintiff vs. OMAR BARRON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 13 -4754 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the folloy�ig Order of Judgment was entered against you on // (xx) Assumpsit Judgment in the amount of $7672.01 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and /or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (; ) Court Order ( ) Non -Pros ( ) Confession (xx) Default "' ( ) Verdict ( ) Arbitration Award\ Prothonotary By: 41' PROTHONOTARY (OR DitPUTY) OMAR BARRON 118 LIGHTHOUSE DR MECHANICSBURG, PA 17050 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