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HomeMy WebLinkAbout13-5691 r , Supr eme Court;of Pennsylvania ,`WR 30159802 C A Pit SJS Courf of Common; Pleas �_ °l ForProthorrotaq Use Onlr. Civil Cover Sheet C UMBERLAND' fi C011nt} Docket No: � J The in rmation collected on this form is used solely for court administration purposes. This for•tn does not supplement or replace the filing and service of pleadings or other papers as required by 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 Plaintiff's Name: Lead Defendant's Name: T APRIL BARRON 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? ❑ Yes Cal No Is this an MDJ Appeal? 13 Yes @ 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 Zs 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 ❑ Product Liability (does not include ❑ Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I 0 ❑ Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 A t NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) ' " actions for support, Mules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. Q 1 Lt`Gi LJ s 1 ! i 3 '30 AM 11: 4 3 CUMBERLAND COUNTY ANNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: l ?y SlQot tVt vs. COMPLAINT IN CIVIL ACTION APRIL BARRON Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 30159802 C A Pit SJS IS Cie a��a�� a ��l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C `^ M W try DISCOVER BANK -� C�J i Plaintiff r vs. Civil Action No < 7- APRIL BARRON )>C= of 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 XXXXXXXXXXXX1886. 6. Defendant made use of said credit card and has a current balance due of $8480.90. 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, APRIL BARRON, INDIVIDUALLY, in the amount of $8480.90 with interest at the statutory rate of 6.00 o per annum from date of judgment and costs. William T. Molc n,47437 WELTMAN, WEINB G & REIS CO., L.P.A. 436 7th Ave S 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30159802 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. 11111M 101 Hill DISC VEW Discover More Card Account number ending in 1886 Open Date: May 1, 2013- Close Date: May 22, 2013 Cardmember Since 1998 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of 4 Previous Balance $8,480.90 New Balance $$ 480,90 Payments and Credits — $0.00 Minimum Payment IDue ` $8,480.90 Purchases + $0.00 + Payment Due Dole June 17, 2013 Balance Transfers $0.00 Cash Advances + $0.00 ' Includes past due amount of: $1424.00 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 $8,480.90 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 21.24% 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 $0 balance. For example: Credit Line Available $0 If You mgke no addtttgnal charges.; You mill pay off fhe' Anil you wtll enJ Up` Cash Advance Credit Line $0 vsrnf#ihr�¢ardgncleadt balance.s�townctn)hzg payjnganeshmat€dtotai Ya? fY , , staterYtBnl;tn gbottf of y - = Cash Advance Credit Line Available $0 Onl the minimum payment 13 ears $8,481 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 December Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period —S 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. a�/J11et11t Cr4UOna * n� t�/ ©mile Pt7y byphO Account number ending in 1886 s` +please dpnei fold clip'orsta(sle >, f)ts6aver�dm 1 800•�d726t83 Minimum Payment Due $8,480.90 xy " li�' IIIIII�illlllili��l' II� '�Il�lililul��llil�lil�illiulll New Balance $8,480.90 Payment Due Date June 17 2013 APRIL BARRON Amount enclosed I s 1 18 LIGHTHOUSE DR MECHANICSBURG PA 17050 -2442 PO BOX 6103 CAROL STREAM IL 60197 -6103 I1I ll'�'I�I�� �I I� IIIIIIIIII�I "III 301 ��?� Internet payments must be received by 5PM ET to be credited as of the some day. 1III I ��I1 ll ll� Address, e-mail or telephone changed? Note changes on reverse side. 000001986458427715897084809000041670848090 ' D ' APRIL BARRON Account number ending in 1886 Open Date: May 1 2013 - Close Date: May 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 Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar What To Do If You Think You Find A Mistake On Your Statement amount" payment is not enough to cover the Minimum Payment Due as listed If you think there is on error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month Box 30421, Solt Lake City, UT 84130 -0421. You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled days after the error appeared on your statement. You may call us, but if you payment is greater than the Minimum Payment Due, any excess will be do we are not required to investigate any potential errors, and you may have applied in accordance with your Cardmember Agreement. If your scheduled to pay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement, that rights. Please see your Cardmember Agreement or visit payment will be processed only for the amount of your New Balance. Your https : / /discover.com /billingrighis for a copy of this notice. automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Date. Payments. You may pay all or part of your Account balancg at any time. If ou enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Due by the Payment y Due Date. Send only, your payment and the bottom portion of this statement following blanks below and retain the authorization for your records. in the envelope provided. Do not send cosh. If you pay by 4heck, yo outhorizgg us o use in ormation on your check to mak Amount: e n electronic fund Full Pay ❑Min Pay 0 Min Pay+ $ transfer trom your account at the financial institution indicated on your check Other Amount$ ; or to process the payment as o check trQnsoction. If a payment is processed Bank Routin 9 #: as on electronic fund transfer, the transfer will b for the amount of the Bank Account # check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some Monthly on the 0 Payment Due Date 0 Close Date day we receive your payment, and you will not receive your check back from your financial institution. 11 Day of month (insert date) The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account any other address or if you use an envelope other than the one provided. may be reflected in your credit report. We normally report the status and Payments received in proper form of our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us at the at our processing facility after 5PM local time will be credited to your Account following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. as of the next day. If you hove misplaced your envelope, send your payment Please include your name, address, home telephone number and Account to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 number. days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as on electronic debit. Payments made online or by phone will be Paying Interest. Your due dote is of least 25 days after the close of each credited as of the day of receipt if made by 5 PM Eastern time. billing period (at least 23 days for billing periods that begin in February). We You can pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance does not exceed your current Account balance, over the telephone or you can by the due date each month. We will begin charging interest on Cash setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Date or the calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the billing period in which the transaction posted to your Account. on your statement will be deducted on the Payment Due Date shown on that statement, or the next automatic payment date referred to on your statement, How We Calculate Interest Charges. We Use the Daily Balance Method unless you request a recurring payment date (e.g., the 15" day of the month) (including current transactions) to calculate the Balance Subject to Interest that occurs before your Payment Due Date or Close Date. If your scheduled Rate. For more information, please call us at 1- 800 - 347 -2683. payment date falls on a weekend or bank holiday, your payment will be o interest ate. t sows t Subject Balance Subject to Interest Rate. Your statement shows a Balance Subj processed the business day prior to the weekend or bank holiday. In order to t Itt R It for each transaction category. schedule monthly payments by telephone, you will need this statement and 9 ry The Balance your bank account information. You will be asked to provide the last four (4) Subject to Interest Rate is the average of the doily balances during the billing digits of the social security number of the primary borrower. By providing period. those numbers as your electronic sig re Balances. ank to deduct each payment you y nature, you will be agreeing to this b authorization to allow us and your Credit Bal If our Account has a credit balance, the amount is shown authorize, in the amount selected by you, from your bank account. You also on the front of your billing statement. A credit balance is money that is owed authorize us to initiate debit or credit entries to your bank account, as to you. You may make charges against this amount if your Account is open. applicable, to correct an error in the processing of such payment. You can We will send you a refund of any remaining balance of $1.00 or more after cancel a scheduled payment by phone of 1- 800 - 347 -2683 or by mail at 6 months, or as otherwise required by applicable low, or upon request made Discover, PO Box 30421, Solt Lake City, UT 84130 -0421; however, we must to the address in the Contact Us section on page 3 of your billing statement. receive notice at least three business days in advance of the scheduled Discover may monitor and /or record telephone calls between you and payment. If your payments may vary in amount, we will tell you on each Discover representatives for quality assurance purposes. month billing statement when your payment will be made and how much it 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 38114902 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 1886 Open Date: May 1, 2013 - Close Date: May 22, 2013 Page 3 of 4 CONTACT US 0 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 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 $ 140.00 TOTAL INTEREST CHARGED IN 2013 $ 439.75 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 16.24% V $0.00 $0.00 Cash Advances 24.99% $0.00 $0.00 V= Variable Rote Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /inieresicharges 30159802 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 1 f APRIL BARRON Account number ending in 1886 Open Date: May 1, 2013 - Close Date: May 22 2013 Page 4 of 4 30159802 VERIFICATION ZrIJM711� cbdx�(2yr L4 (Name) ( tle) 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 �Z7/ 3 , r /J `2 (J ( a e) DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " Sheriff ) f 0atr of triton Jody S Smith >. <$- , w{ ' OCT 15 Pti I`-. Chief Deputy a _ Richard W Stewart i L � J cUu,-: Solicitor rr ,_ , : $,.ffiRIFr rENNSYLVAN!A Discover Bank Case Number vs, April S Barron 2013-5691 SHERIFF'S RETURN OF SERVICE 10/10/2013 06:59 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by"personally' handing a true copy to a person representing themselves to be the Defendant, to wit:April S Barron at 118 Lighthouse Drive, Hampden Township, Mechanicsburg, PA 17050. cu—krrt C . 'L DAWN KELL, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, October 11, 2013 RONNY R ANDERSON, SHERIFF O,u^NStito 3horrff,'Feiejsofi, JRIOTHONDTARY IN THE COURT OF COMMON PLEAS DEC.-6 PM 2'. 52 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMBERLAND COUNT'S PENNSYLVANIA. DISCOVER BANK Plaintiff VS . Civil Action No. 13-5691 CIVIL APRIL BARRON PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant APRIL BARRON above named, in the default of an Answer, in the amount of $8480 . 90 computed as follows : Amount claimed in Complaint $8480 . 90 Less payments / adjustments made $0 . 00 Attorney' s fees $0 . 00 TOTAL $8480 . 90 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: J,14- William T. Molczan, 7437 30159802 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 APRIL BARRON 118 LIGHTHOUSE DR MECHANICSBURG, PA 17050 otw, -39L4 g o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 13-5691 CIVIL vs. APRIL BARRON Defendant IMPORTANT NOTICE TO: APRIL BARRON 118 LIGHTHOUSE DR MECHANICSBURG, PA 1770y50-2442 Date of 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, WEI BERG & 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 30159802 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No. 13-5691 CIVIL NON-MILITARY AFFIDAVIT APRIL BARRON 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, APRIL 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: APRIL 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 . AFFIANT - Department of Defense Manpower Data Center Results as of:Nov-25-2013 09:36:40 SCRA 3.0 Status Report Pursuant to Serviceinembeas Civil.Relief Act Last Name: BARRON First Name: APRIL Middle Name: LOUISE Active Duty Status As Of: Nov-25-2013 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. 10� a.+ w 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 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 3598797DP079A80 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 13-5691 CIVIL APRIL BARRON NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the f ll wing Order of Judgment was entered against you on 1 TIA (xx) Assumpsit Judgment in the amount of $8480 . 90 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 Aw d Prothonotary By: •� . . PROTHONOTARY (OR DEPUTY) APRIL 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 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 13-5691 CIVIL 705v -mot:; c.— 0 APRIL BARRON i ��$ (,i gh- ho�s�. � . (leech. t 73 Z. -.rk Defendant(s) Q �/y, No c�SUSQUEHANNA BANK I ���4 ��Gl,�-�11A4�I m °)'a ' ✓1�3 e i,� `�a� C � t Garnishee(s) G .-4 w3 PRAECIPE FOR WRIT OF EXECUTION P. "-- y- TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against APRIL BARRON , Defendant 3. against SUSQUEHANNA BANK, , , Garnishee 4. Judgment Amount $ $8,480.90 Less Payments/credits received $ $0.00 Interest $ $46.01 Costs $ SUBTOTAL: $ $8,526.91 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG& REIS CO.,CL.P.A. C---- By: James P. Val cko, Esquire PA I.D. #795 6 a� CO (-De a WELTMAN, WEINBERG& REIS O., L.P.A. a_m: _ 436 7th Avenue, Suite 1400 (p 6 � - Pittsburgh, PA 15219 1 o 3, 75 1/ / (412)434-7955 Ai 1q01 ,8s ?da,64( 4 a .as-`4)1„e d . itp. SDa_....)g CLI4 //v"-)/(0/ 3004, WWR No. 30159802 1 ,{ ) r( -71-- 076-y?,...__, ,,,,geoi •` .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-5691 CIVIL vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) APRIL BARRON Defendant(s) SUSQUEHANNA BANK Garnishee(s) 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. 30159802 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-5691 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 APRIL BARRON, 118 LIGHTHOUSE DRIVE,MECHANICSBURG,PA 17050 (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: SUSQUEHANNA BANK, 1196 WALNUT BOTTOM 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$8,480.90 Plaintiff Paid$ Interest$46.01 Attorney's Comm. % Law Library$.50 Attorney Paid$199.85 Due Prothonotary$2.25 Other Costs$ Date: JANUARY 21,2014 I • , .r_ .. , • _/ David D. Buell,Prothonotary • S / �i. �i//- - - Deputy 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ti r Sheriff day(ttrat rr�fct, - THE fROfHC �IlA �4, Jody S Smith fi Chief Deputy 2014 JAN 28 PM 47 Richard W Stewart Solicitor r lt;;�O T}S ( = CUMBERLAND COUNTY PENNSYLVANIA Discover Bank Case Number vs. April S Barron 2013-5691 SHERIFF'S RETURN OF SERVICE 01/24/2014 02:16 PM -Shawn Gutshall, 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, Susquehanna Bank, 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Mary Ellen Ballew, Financial Services 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. The writ of execution and notice to defendant was mailed on January 27, 2014 to April Barron at 118 Lighthouse Drive, Mechanicsburg, PA 17050. TSHALL, DEPUTY SO ANSWERS, January 27, 2014 RONNY R ANDERSON, SHERIFF (c)Countysuil Sheriff,Te!eosaft,Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 13-5691 CIVIL c r APRIL BARRON r ;= Defendant(s) --0 ryey— W ,' ; SUSQUEHANNA BANK < -r, Garnishee(s) D p D. TO: SUSQUEHANNA BANK, 1 196 WALNUT BOTTON RD, CARLISLE, PA 17013 RE: APRIL BARRON , 118 LIGHTHOUSE DR, MECHANICSBURG, PA 17050 Suggested Reference No.: XXX-XX-7727 XXX-XX- S ,.s 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. W WR No. 30159802 ANSWERS TO 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)? Yes. 1 a. 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. Defendant has one checking account number XXXXXX6798 jointly held with Omar Barron. Susquehanna Bank titles all joint accounts as joint tenants with the right of survivorship; however since we believe the co-owner to be the spouse of defendant, these accounts have been deemed to be spousal accounts and exempt from attachment. 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. No. 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 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? No. 5. At any time before or after you were served, did the defendant transfer or delivery 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 money or property to the defendant to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? Garnishee has allowed access to fund in the checking account number XXXXXX6798 as it is believed to be spousal and therefore exempt. 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. No. 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 Pa.C.S. § 8123? If so, identify each account. See answer to interrogatory no. la above. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. The interrogatories were served January 28, 2014. 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. No hold was required. 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. N/A VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. i Dated: January 30, 2014 or -!-e-e,4-2- Catherine M. Bush, Assistant Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 Lu-OFF1CL 1HE PROTHO1OTAR 'i WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James P Valecko, Esquire Attorney for Plaintifftg APR -8 AM 8: 12 I.D. No. 79596 436 Seventh Avenue, Suite 1400 CUMBERLAND COUNTY Pittsburgh, PA 15219 PENNSYLVANIA Phone: 412.434.7955 Fax: 412.434.7959 File # 30159802 DISCOVER BANK Cumberland County Court of Common Pleas vs. APRIL BARRON NO. 13-5691 CIVIL and SUSQUEHANNA BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), SUSQUEHANNA BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James Valecko Esquire Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r i'lLED-OFFICL THE PROTHGNO TAR' 4Q14 AUG 29 PH 2: Ci3 CUMBERLAND COUNTY PENNSYLVANIA OFFICE QF TI4S,v!ERIFF Discover Bank vs. April S Barron Case Number 2013-5691 SHERIFF'S RETURN OF SERVICE 01/24/2014 02:16 PM - Shawn Gutshall, 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, Susquehanna Bank, 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Mary Ellen Ballew, Financial Services 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. The writ of execution and notice to defendant was mailed on January 27, 2014 to April Barron at 118 Lighthouse Drive, Mechanicsburg, PA 17050. 08/28/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.26. SO ANSWERS, August 28, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONR ANDERSON, SHERIFF