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HomeMy WebLinkAbout13-6209 1 O THE P OTHIONOTARY 2 3 OT 21 P11 4: 07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER .BANK Plaintiff No. VS. PRAECIP.E TO TRANSFER JUDGMENT MARK H FERNALD 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 #05758856 $19223.02 6 3 3 9 99s 9 9 -1 )K J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER .BANK Plaintiff VS. Civil Action No. 3 MARK H FERNALD Defendant PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: Please transfer the within Judgment entered in The Court of Common Pleas of CHESTER County, Pennsylvania, known as No. 07- 10995, and index it against the Defendant above named, in the amount of $19223.02 - CHESTER County costs to follow Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: _ William T Molczan, Esquir PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434 -7955 WWR #05758856 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last known address of the .Defendanntis: 804 LUSBURN ROAD, CAMP HILL, .PA 17011. CASE SUMMARY REPORT 2007-10995-CA DISCOVER BANK V. MARK H FERNALD Case Type: CA - CIVIL ACTION OTHER. CIVIL ACTION AT LAW THIS JUDGMENT Case Initiation Date: 11/114/2007 Not Active Since: 09/26, CERTIFIED IN FAVOR OF Case Status: CLOSED DISCOVER.B.ANK Arbitration Date: 08/22/2008 Arbitration. Time: 1:00 PM AND AGAINST MARK He FERNALD Trial Ready Date: No Related Cases IN THE AMOUNT OF $ 03/28/2008 11:40 AM $19,223.02 DEFAULT JUDGMT 19,223.02 Terms: NON-MONETARY: DEFAULT JUDGMENT CERTIFIED 03/28.,/2009 12:00 AM ACTIVE FROM TIKE RECORD Judgment Against: FERNALD. MARKH Judgment For: DISCOVER. BANK Z, Deputy Prothonotary JUDGE EDWARD GRIFFITH 11/14/2007 October 2, 2013 Plaintiff. DISCOVER BANK Party Start/End Dates: 11/14/2007 6500 NEW ALBANY RD NEW ALBANY OH 43054 Attorney: 042524 JAMES C WARNIBRODT WELTMAN WEINBERG & REIS CO Tel.: (412) 434-7955 (BUS) 436 7TH AVE SUITE 1400 11/14/2007 - 1400 KOPPERS BUILDING PITTSBURGH PA 15219 Attorney: 047437 WILLIAM T MOLCZAN 1.400 KOPPERS BUILDING Tel.: (412) 434-7955 (BUS) 436 SEVENTH AVENUE 09/26, - PITTSBURGH PA 15219 vs. Defendant: MARK H FERNALD Party Start/End Dates: 11/14/2007 416 LONGWOOD DRIVE EXTON PA 19341 Date Docket Inforniation 11/14/2007 APPEARANCE OF JAMES C WARMBRODT FOR DISCOVER BANK 111 COVER SHEET FILED I (/14/2007 COMPLAINT FILED W / CV-CaseSw Pac 1 oft Printed: 10/02•2013 11:47 ti 2007-10995-CA DISCOVER BANK V. MARK H FERNALD Date Docket Infon 12' SERVED MARK H. FENALD ON 12/12/07 AT 09:15 A lc. 03/28/2008 JUDGMENT ENTERED IN FAVOR OF DISCOVER BANK AGAINST MARK H FERNALD IN THE AMOUNT OF $19,223.02 03/28/2008 PRAECIPE FOR DEFAULT JUDGMENT BY ATTNY FOR. PLTF 03/28/2008 CERTIFICATION-NOTICE SENT 236 03/28/2008 AFFIDAVIT OF NON-MILITARY SERVICE OF DEFT 03/28/2008 NO CSE MGT PENDING FRTHR DKT ACTVTY 09/262 PRAECIPE FOR EXEMPLIFIED RECORD BY ATTY FOR PLTF Attorney: MOLCZAN, WILLIAM T (047437) 09/26/2013 0002 - ATTORNEY STATUS Attorney MOLCZAN, WILLIAM T representing Plaintiff DISCOVER BANK as of 09/26/2013 09/26/2013 EXEMPLIFICATION OF JUDGMENT - PA FEE Receipt: 654453 Date: 09/26/2013 CV-CaseSumExemp.rpt Page 2 of 2 Printed: 10/02/2013 11:47 IN THE COURT OF COMMON PLEAS CHESTER COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No, 07-10995 MARK H FERNALD Defendant PRA ECUPE FOR DE FAV j JUDGMENT TO THE .PROTHONOTARY: Kindly enter Judgment against the Defendant, MARK 11 FERNALD above named, in the default of an Answer, in the amount of $19223.02 computed as follows: Amount claimed in Complaint $17723.02 interest from date of judgment at the legal interest rate of 6 1 % per annual Attorney's fees $1500.00 TOTAL $19223.02 I hereby certify that appropriate Notices of Default, as attached [lave been mailed in accordance with PA R.C.P. 237.1 7.1 on the dates indicated oil the Notices. WELTMAN, WEINBERQ & REIS CO., L.P.A. CERTIFIED By: FROM THE RECORD WILLIAM T. MOT IIAN, ESQUIRE ATTEST r 911 -ne — PA I.D.#47437 DEPUTY PROTHONOTARY Weltman, Weinberg & Reis Co-, L.P.A. 271.8 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05758356 Plaintiff's address is cfo Welunan, Weinberg &Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 416 LONGWOOD DRIVE EXTON,PA 19341 IN THE COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BAND Plaintiff No. 07 -10995 vs. PRAECIPE FOR DEFAULT JUDGMENT MARK: H FERNALD Dcfcndant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF TIIIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D447437 Weltman, Weinbet & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh. Avenue Pittsburgh, PA 15219 (412) 434 -7955 W WRit05758856 Judgment Amount $ 19223.02 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CHESTER COUNTY, PENNSYLVAN11A. CIVIL DIVISION DISCOVER BANK Plaintiff Casi # � _. ��� MARK H FERNALD Defendants) IMPORTANT NOTICE TO: MARK H FERNALD 416 LONGWOOD DRIVE EXTON, PA. 19341 Date of Notice; I � 0 0 WWR#: 05758856 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED IV ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBUECTIONS TO THE CLAIMS ECET FORTH At INST YOU - UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF IHIS 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 YOTTR. LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A13OUT HIRING A LAWYSR- IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT KAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FBE OR NO FEE. CHESTER COUNTY BAR ASSOCIATION 15 WEST GAY STREET WEST CHESTER, P.A. 19382 (610) 696-5094 BY - ? 0-7, k NtwoA (k 00 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2716 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 . ? t IN TILE COMMON PLEAS COURT OF CHESTER COUNTY, PENNSYLVANIA "`''`.'. F, CIVIL DIVISION t DISCOVER .BANK Case no: 07 -10495 Plaintiff NON - MILITARY AFIRDAVIT VS. MARK H FERNALD Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he /she is the duly authorized agent of the Plaintiff in the within mutter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicetnembers' 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, MARK H FERNALD is not in the 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 Defendant, MARK HFERNALD is not in Lite military service. Further Aunt sayeth naught. AFFIANT SWORN TO AND SUBSC.RLBED in my presence this day of J i CClMM1flC�i+dV!lENt_i'k1 c71 �' N SYY fNct�raatSy t RY P; , Wayne R,. „anecN. ?4atary Puwl FCdY Of NEIkb"j?h, J-VA!q'nA- 11V fi�y �tamrr iu: icn �xrcr -ist . urxx 2 , 2010 MAmk�r, Pceu;s;van�.. =iss >d:,a <� ;�i ho!,�rres This lave firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center MAR -20 -2008 07 : 05 : 34 Military Status Report Pursuant to the Servicemembers Civil Relief Act < Last Name First/Middle .begin Bate Active Duty Sta Service /Agency FERNALD Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department. of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. M" Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 222092593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEER:) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person s active duty status by contacting that person's Military Service via the "defenselink.mil" URT, provided below. if you have evidence the person is ors. active -duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved. accuracy of DGB, a middle name), you can submit your request again at this Web site and we Nvil . provide a new certificate for that query. This response reflects current active duty status only. For historical infonnation, please contact the Military Service SCRA points-of-contact. See: llttp:lO. __ defenselir�ls .mil /facl/pisfPCO3SLDR.h €ml WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:// wi vw. dmdc.osd.mil/scra/owa/scra.t)rc Select 3120/2008 Request for Military Status Page 2 of 2 by the requester. Prodding an erroneous name or SSN will cause an erroneous certificate to be provided. ® Repnrt Tn :QWYWffXK"D https: l/ ww% v. dmdc. osd.miUscra/owa/scra.prc— Select 3/20/2008 I E D IN THE COURT OF COMMON PLEAS CHESTER COUNTY, PENNSYLVANIA civil, DIVISION 08 MA 3% 'C? 8 A 1 , 1 1(: 1 DISCOVER BANK a Plaintiff VS. Civil Action No. 07-10995 141ARK H FERNALD Defendant NOTLC TO: ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on qn&uh 0?669 (xx) Assumpsit Judgment in the amount of $19223.02 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 Mpartnient ofTransportation, Bureau of Traffic Safely, Harrisburg, .PA. (xx) Entry of Judgment of Court Order Non-Pros Confession Verdict Arbitration Award Prothonotary By: &I yl� PROTHONOTARY (OR f5EPUTY) MARK H FERNALD 416 LONGWOOD DRIVIE EXTON,PA 19341 Plaintiff address is: c/o WelLirran, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. MARK H FERNALLD Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fo low'ng Order or Judgment was entered against you on p l (xx) Assumpsit Judgment in the amount of $ 19223.02 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 ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary MARK H FERNALD By: � e x 804 LISBURN ROAD PR ON A Y �jP� J CAMP HILL, PA 17011 r _ "` 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Ana VS. Civil Action No. 13-6209 CIVIL ,,. MARK H FERNALD Defendant(s) T 1-1 AMERICHOICE FCU -- Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MARK H FERNALD , Defendant 3. against AMERICHOICE FCU, , , Garnishee 4. Judgment Amount $ $19,223.02 �+ Lqj' Less Payments/credits received $ $531.04 Interest $ $313.54 Costs $ SUBTOTAL: $ $19,005.52 Costs(to be added by Prothonotary): $ WELTMAN, WEINBERG&REIS CO., L.P.A. By: Willia4T. olczan, Esqui 5 Q;, PA I.D. #47437 WELTMAN, WEINBE _ & REIS CO., L.P.A. l� 33 1400 Koppers Building 436 Seventh Avenue Sj� GL Pittsburgh,PA 15219 (412)434-7955 Ql� CL,f 1139X?&V WWR No. 575885 L r, s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-6209 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION (BANK-ATTACHMENT ONLY) MARK H FERNALD - Defendant(s) AMERICHOICE 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. 5758856 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-6209 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 MARK H.FERNALD,804 LISBURN ROAD,CAMP HILL,PA 17011 (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 GARNISHEES)as follows: AMERICHOICE,FCU,20 SPORTING GREEN DRIVE,MECHANICSBURG,PA 17050 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$18,691.98 Plaintiff Paid$ Interest$313.54 Attorney's Comm. % Law Library$.50 Attorney Paid$62.50 Due Prothonotary$2.25 Other Costs$ Date: 1.2/06/13 David D.Buell,Prothonotary -(Sea 1), ` 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 Jody S Smith , Chief Deputy " Richard W Stewart '-C 1 6 " r 3 Solicitor J PENNSYLV;a.Ni Discover Bank vs. Case Number Mark H Fernald 2013-6209 SHERIFF'S RETURN OF SERVICE 12/11/2013 09:59 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, Americhoice Federal Credit Union, 20 Sporting Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Carrie Dehart, Head 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 December 13, 2013 to Mark H. Fernald, 804 Lisburn Road, Camp Hill, PA 17011. (9 AMANDA EBERSOLE, DEPUTY SO ANSWERS, December 13, 2013 RONR ANDERSON, SHERIFF 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 # 05758856 C A Pit SJS DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs . MARK H FERNALD CASE NO. 13-6209 CIVIL C Q C r cn r -< — C. <c) -v c, PRAECIPE TO SATISFYc� c TO THE PROTHONTARY: Kindly mark the case and judgment entered against Defendant MARK H FERNALD as satisfied. WELTMAN, WEINBERG & REIS CO. , L.P.A. By Matthew D. Urban Attorney for Plaintiff a c,0/ P-1Z-'-2-JC3bL.0�q fi' f WELTMAN,WEINBERG & REIS CO.,L.P.A. 20/4 it /HO Q I., , BY: Matthew D Urban,Esquire Attorney for Plaintiff(s) �/ � 1 7 I.D.No. 90963 `�`��4 81 12: ' 436 Seventh Avenue, Suite 1400 P 5 ,, Pittsburgh, PA 15219 0 ' Phone: 412.434.7955 Fax: 412.434.7959 File# 5758856 DISCOVER BANK Cumberland County Court of Common Pleas vs. MARK H FERNALD NO. 13-6209 CIVIL and AMERICHOICE FCU Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), AMERICHOICE FCU, only. WELTMAN, WEINBERG&REIS CO., L.P.A. By Matthew D Urban, Esquire Attorney for Plaintiff 6:C1 OTPel 1-116 CW /1W 3ks 30O CA/w