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