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HomeMy WebLinkAbout13-7577 30229942 C A Pit SJS Supreme Court of P,enns�rlvania wwR# Court`bfCommo' Fleas Civil Cover Sheet F or Prothonotaq L %se On6 C UMBERLAND � CountN. Docket No: / J The information collected on rhis form is used solely for court administration purposes. This form does not supplement or replace the filing ling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S Q3 Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Q Declaration of Takin C DISCOVER BANK Lead Plaintiff s Name: Lead Defendant's Name: T KRICKET L ESTRIGHT I O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? 13 Yes Q No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution K Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C E Slander /Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T Cl Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment 17 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 r° T Pao Tva,)go f' , �f 1113 C 23 PM 2: CO CUMBERLAND CO UNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS. COMPLAINT IN CIVIL ACTION KRICKET L ESTRIGHT 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 30229942 C A Pit SJS on a C1C. 113g(4b)I w an 4 q � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No KRICKET L ESTRIGHT 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's account, which is the subject of this litigation. 4. Defendant is an adult individual(s) residing at 1801 WILLOW RD CARLISLE, PA 17013 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4465. 6. Defendant made use of said credit card and has a current balance due of $3500.00. 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, KRICKET L ESTRIGHT, INDIVIDUALLY, in the amount of $3500.00 and costs. William T. Mo czan, 7437 WELTMAN, WEINBERG REIS CO., L.P.A. 436 7th Ave Ste 14 / 00 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30229942 C A Pit SJS DISC VER Discover More Card Account number ending in 4465 Open Date: Sep 1, 2013- Close Date: Sep 15, 2013 Cardmember Since 2011 Page 1 of 4 A CCOUNT SUMMARY P AYMENT INFORMATION Previous Balance $3,576.20 New Balance $3,576.20 Payments and Credits $0.00 Minimum Payment Due $3,576.20 Purchases + $0.00 Payment Due Date October 10, 2013 Balance Transfers + $0.00 * Includes past due amount of: $852.00 Cash Advances + $0.00 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 hove to pay a late fee of up to $35.00 and your New Balance $3,576.20 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 23.99% 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 SO balance. For example: Credit Line Available 50 fF;you,fro enooddthangfcliarges' Yoawtll ayoflth �i5d, ouwtlleitdup crsirtg dtis cbrcf andEeodt month bat irk shcrtNn on,th is Ptryr?,9 z#n esmated total Cash Advance Credit Line SO ;}o ahaf9rr»it+i� clksour; of Cash Advance Credit Line Available $0 — Only the minimum payment 6 ears $3,576 You may be able to ovoid 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 August Opening Balance S 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 Poke Check the p erforation to Discover. NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your poymem. p� � Coupon pp Qn� p � pi Account number ending in 4465 Please not do foltf,ftp llr staple '±t?,scgver:com 1$(D-34? , Minimum Payment Due $3,576.20 I l i New Balance $3,576.20 Payment Due Date October 10, 2013 KRICKET L ESTRIGHT 777 W GERMANTOWN PIKE t Amount enclosed S 1801 WILLOW RD CARLISLE PA 17013-1166 PO BOX 6103 CAROL STREAM IL 60197 -6103 302 MiZ Internet payments must be received by 5 PM ET to be credited as of the some day. Address, e-mail or telephone changed? Note changes on reverse side. 00D001986454854779209035762000009080357620 EXHIBIT I KRICKET L ESTRIGHT Account number ending in 4465 Open Date: Sep 1, 2013 - Close Date Sep 15, 2013 Page 2 of 4 .......... _ Important Information You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. low. See your Cardmember Agreement. Your Cordmember Agreement 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 immediotelyl Coll 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 an error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month Box 30421, Salt 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 ore not required to investigate any potential errors, and you may have applied in accordance with your Cordmember 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 Cordmember Agreement or visit payment will be processed only for the amount of your New Balance. Your flips : / /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 balance at anytime. If you enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Due by the ayment following blanks below and retain the authorization for our records. Due Date. Send only your payment and the bottom portion o1 this statement 9 Y in the envelope provided. Do not send cash. If you pay by Gheck, yo Amount: 'u Full Pp _Min Pa �' Min Po + S outhgqriz@ us o use information on your check to make g electronic nd Y y Y transfer tram yyour account a1 the financial institution mdicaied on your check Other Amounts Bank Routing #: or to process the Pay ment a check ironsadion. If a payment is processed ' as an electronic fund trgnste, the transfer will bg for the amount of the Bank Accouni # ; check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon os the same Monthly on the Payment Due Date Close Date day vfe receive your payment, and you will not receive your check back from your fiinoncial institution. 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 at 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 of 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 an electronic debit. Payments made online or by phone will be Paying Interest. Your due date is at 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 con 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 chat Haw We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next automatic payment date referred to on your statement, (including current transactions) to calculate the Balance Subject to Interest unless you request a recurring payment date (e.%, the 15"' day of the month) Rote. For more information, please toll to at 1-800-347-2683 ct t that occurs before your Payment Due Date or Close Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows o Balance Subject processed the business day prior to the weekend or bank holiday. In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you will need this statement and your bank account information. You will be asked to provide the lost four (4) Subject to Interest Rate is the overage of the daily balances during the billing digits of the social security number of the primary borrower. By providing period. those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown authorization to allow us and your bank to edud each payment you authorize, in the amount selected by you, from your bank account. You also on the front of your billing statement. st credit oust i b is money that is owed i authorize us to initiate debit or credit entries to your bank account, as o you. You may make charges against this amount f 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 S1.00 or more after concel a scheduled payment by phone at 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. monthly billing statement when your payment will be made and how much it The Discover® card is issued by Discover Bank, Member FDIC. TL23N will be. CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or block ink, in the space provided. Street Address ! Home Phone Work Phone City Email _.. .......... ....._ A 6 §42 To make changes to your address, email or telephone number, visit Discover.com Continued on nexi page is is :r• <..: Discover More Card DISC�`�VER Account number ending in 4465 Open Date: Sep 1, 2013 - Close Dote: Sep 15, 2013 Page 3 of 4 CONTACT US 0 Web Mobile Phone Inquiry Mail Payments Access your Manage your O 1. 800 - DISCOVER 0 Discover 0 Discover account securely account anytime, (1.800- 347 -2683) PO Box 30943 PO Box 6103 of Discover.com anywhere at TDD 1. 800. 347.7449 Sall Lake City Caro Stream m.Discover.com UT 84130 IL 601976103 Transactions Trans. Dale Post Daft Pees TOTAL FEES FOR THIS PERIOD S 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD S 0.00 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 S 363.71 TOTAL INTEREST CHARGED IN 2013 S 413.41 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 15 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR( INTEREST RATE INTEREST CHARGE Purchases 18.99% V $0.00 50,00 Cash Advances 23.99% V $0.00 50.00 V= Variable Rote Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www.discoveccom /interestchorges ......... _ _ KRICKET l ESTRIGHT Account number ending in 4465 Open Date: Sep 1, 2013 • Close Date: Sep 15, 2013 Page 4 of 4 ............... 30229942 VERIFICATION (Name) (T' e) 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 / l� ignature) DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUr NTyoT kir Ronny R Anderson ' r , Sheriff Jody S Smith FED ' i PH ' t*K Chief Deputy n PRL AND Richard W Stewart 'NS Yl.V `� '� Solicitor NiA Discover Bank Case Number vs. 2013-7577 Kricket L Estright SHERIFF'S RETURN OF SERVICE 12/30/2013 08:15 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kricket L Estright, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 1801 Willow Road, North Middleton, Carlisle, PA 17013. Deputies were advised by the current resident, Kirby Smith that the defendant moved out a couple of weeks ago and per the Carlisle Postmaster mail is delivered to the address provided. SHERIFF COST: $39.78 SO ANSWERS, January 28, 2014 RONNY R ANDERSON, SHERIFF WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30229942 7 THON Attorney for Plaintiff�� .!(J( 0 r f� C UPBE'?s(;;;;Ivoilt://:ri E�N� DISCOVER BANK Plaintiff Cumberland County Court of Common Pleas vs. NO. 13-7577 CIVIL KRICKET L ESTRIGHT Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T T Iolcz , Esquire Attorney for Pia' tiff Clc-o llEs-gqii teff 3okoll SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F LED -OF FACE Sheriffi uirrni l .ThE PRO T HCNO iAi' ` Jody S Smith Y ,q Chief Deputy 2L 1 JUL 3 I f+,�'� ICJ'. J'. 36 Richard W Stewart CUMBERLAND COUNTY Solicitor oFFcEoP "EM' REEF PENNSYLVANIA Discover Bank vs. Kricket L Estright Case Number 2013-7577 SHERIFF'S RETURN OF SERVICE 07/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kricket L Estright, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 8 E. Main Street, Carlisle, PA 17015. There is no Main Street, in Carlisle, PA. SHERIFF COST: $28.00 SO ANSWERS, July 18, 2014 RONNY R ANDERSON, SHERIFF (c) CountySu:o Sheriff, Toleosoft. E!,c. C :-'21/i4116 13 1"1-? l: 34 ur �aE-, PEI S YC' A NIACOUNTY �l� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 13-7577 CIVIL vs. KRICKET L ESTRIGHT Defendant MOTION FOR ALTERNATE SERVICE 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. 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR #30229942 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT Defendant No. 13-7577 CIVIL 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, Kricket L. Estright, by certified U.S. Mail and Certificate of Mailing, addressed to 8 E. Main Street, Carlisle, Pa 17015, averring in support thereof the following: 1. On or about December 23, 2013, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $3,500.00. 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 #30229942 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 8 E. Main Street, Carlisle, Pa 17015, 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 unable to confirm a current address for Defendant of 8 E. Main Street, Carlisle, Pa 17015. 6. Plaintiff contacted the Cumberland County Tax Assessment office, a representative from which could not confirm the Defendant as being the registered owner of 8 E. Main Street, Carlisle, Pa 17015. 7. Upon receipt of the Sheriff's 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 Plaintiff's request for information, Accurint Total Research System confirmed Defendant's physical address of 8 E. Main Street, Carlisle, Pa 17015. A true and correct copy of the search results is attached hereto, marked as Exhibit "3", 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 #30229942 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 (8 E. Main Street, Carlisle, Pa 17015) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. r William T. Molcza PA I.D. #47437 / WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 squire WWR #30229942 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 13-7577 CIVIL Plaintiff vs. KRICKET L ESTRIGHT 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 8 E. Main Street, Carlisle, Pa 17015. 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 could not confirm 8 E. Main Street, Carlisle, Pa 17015 to be Defendant's current address. c. Plaintiff requested current address information from the Accurint Total Research System, which request for information confirmed the current address for Defendant as being 8 E. Main Street, Carlisle, Pa 17015. A true and correct copy of the search results is attached hereto, marked as Exhibit "3", and made a part hereof. WWR #30229942 d. Plaintiff conducted an online tax -assessment search for the address of the Defendant that could not confirm the Defendant as being the registered owner of 8 E. Main Street, Carlisle, Pa 17015. Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, Kricket L. Estright, is 8 E. Main Street, Carlisle, Pa 17015. Sworn ta d subscribed be this oJ.) day of Notary WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, Esq PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 COMMONWEALTH IO S PENNSYLVANIA AL Wendy L. Gault, Notary Public , 2014 City of Pittsburgh, Allegheny County My Commission Expires July 15. 201$ Elh.N F€tiAiYIVANCA ASSOCIATION OF AOiAF.4E3 WWR #30229942 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �l��ttl, of Cmnber, 4140 OFFICE OF TIE SHERIFF Discover Bank vs. Kricket L Estright Case Number 2013-7577 SHERIFF'S RETURN OF SERVICE 07/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kricket L Estright, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 8 E. Main Street, Carlisle, PA 17015. There is no Main Street, in Carlisle, PA. SHERIFF COST: $28.00 SO ANSWERS, July 18, 2014 (c) CounlySulto Silent!. Tyleosott Inc. Postmaster CARLISLE, PA 17015 Date: July 24, 2014 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: KRICKET L ESTRIGHT - 8 E. MAIN STREET Address: CARLISLE, PA 17015 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): 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): ATTORNEY 3. The names of all known parties to the litigation: KRICKET L ESTRIGHT, 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: #13-7577 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 William T. Molczan, Esquire / PA ID# 47437 Attorney Printed Name WWR File No. 30229942 User: WLG No change of address order on file: Moved, left no forwarding address: •/!No such address: t h fes, 690/19120375 oeut,ugaa '`-5 1-10 resye.n WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 2500 Pittsburgh, PA 15219 FOR POST OFFICE USE ONLY NEW ADDRESS OR BOXHOLDER'S AND STREET ADDRESS EXHIBIT L Deep Skip Search Page 1 of 1 KRICKET L ESTRIGHT 0.11118597 KRICKET ESTRIGHT 8 E MAIN ST DOB: 619/1988 LexID: 76533528018 CARLISLE PA 17015-9505 Age: 26 Jan 2014 - Jul 2014 Gender - Female *View Sources (-4) https://secure.accurint.com/app/bps/mise EXHIBIT 8/7/2014 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was 14_ served on the addressed as follows: Kricket L. Estright 8 E. Main Street Carlisle, Pa 17015 day of , 2014, by first class, U.S. Mail, postage -prepaid, Attorney for Plaintiff WWR #30229942 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT Defendant. No. 13-7577 CIVIL ORDER OF COURT AND NOW, to -wit, this r day of /-,r " , 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, Kricket L. Estright, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant at the last known address being 8 E. Main Street, Carlisle, Pa 17015 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: J. <� C) .-� -� - mcoG n-- NN C c:::;D N Distribution: 1<c..,- " CD 11 CO —Weltman, Weinberg & Reis, Co. L.P.A. v =># 436 Seventh Avenue, Suite 2500 - . Pittsburgh, PA 15219 Kricket L. Estright 8 E. Main Street Carlisle, PA 17015 eop: es /aa/jAAL( WWR #30229942 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30229942 uP Ro THSik Attorney for Plaintiff)/, SEP -8 PM 1: 4 9 CUNSERL A ND COUNTY PENNSYLVANIA DISCOVER BANK Plaintiff Cumberland County Court of Common Pleas vs. NO. 13-7577 CIVIL KRICKET L ESTRIGHT Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By jam T Molcza q squire Attorney for Plain iff id) a 4 t ak40,7y16 cT Rff 2/bicp FILED - OF THE PROTHOFFICL ONOT4h 2014SEP 25 AN II: 36 CUMBERL AD PENNS YNCOUNTY LVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT Defendant No. 13-7577 CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT 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#30229942 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT Defendant No. 13-7577 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 September 11, 2014, he did cause to be sent to Defendant, Kricket L Estright, Plaintiff's Complaint by Certificate of Mailing Postal Form 3817 and on September 11, 2014, he did cause to be sent to Defendant, Kricket L Estright, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at her last known address of 8 E Main Street, Carlisle, PA 17015. 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 September 11, 2014, the date of mailing. Sworn to and subscribed before me this /I/ day of 'at - /I, ,ik , 2014. N ' ARY PUB C WELTMAN, WEINBERG & REIS CO., L.P.A. By: / William T. Molczan, Esqui PA I.D. #47437 WELTMAN, WEINBERG EIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#30229942 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 29, 2018 onlia19, )tNNOYLVANIA AAAPPIATION er NeTARIES • L1) r-1 D D ru .J0 r9 .7" rq U.S. Postal ServiceTM 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 Sent To hr, ickick Street, Apt. No.; or PO Box No. City, State, ZIP+4 PS Form 3800, August 2006 See Reverse for Instructions UND STATES JIV-- Certifica POSTAL SERVICE M; This Certificate of Mailing provides evidence that mail has been presented to usps® This form may be used for domestic and international mail. Ic From: To: 0 CD co CY) T- r, N cs4 t.0 c\I ,-- ,--- 0 N -,-- 69- cp .4- PI�sburgp5219 _ 0 015 PS Form 3817, April 2007 PSN 7530-02-0009065 DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION E) 0 FP E PRO THONO TAR Y 2014 WV 1 2 iIi 11 CUNBERLAHOCOU'iTY P tiSYL VA WA' Civil Action No. 13-7577 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant KRICKET L ESTRIGHT above named, in the default of an Answer, in the amount of $3128.77 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $3500.00 $371.23 $0.00 $3128.77 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. 30229942 C A Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 And that the last known address of the Defendant is : KRICKET L ESTRIGHT 8 E. MAIN STREET CARLISLE, PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT Defendant TO: KRICKET L ESTRIGHT 8 E. MAIN STREET CARLISLE, PA 17015 Date of Notice: t OkH Case No. 13-7577 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 2500 Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 30229942 A PIT M4Z DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 13-7577 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, KRICKET L ESTRIGHT 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: KRICKET L ESTRIGHT 8 E. MAIN STREET CARLISLE, PA 17015 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. Department of Defense Manpower Data Center Status Report Pursuant to Servicerdi!bers Civil Relief Act Last Name: ESTRIGHT First Name: KRICKET Middle Name: Active Duty Status As Of: Oct -30-2014 Results as of : Oct -30-2014 10:51:06 AM SCRA 3.0 On Active Duty On Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . . w. ,•. -. No's NA - - --- . No'' . This response reflects the Individuals' 'active duty et'atusbas'ad on the Active Duty Status Dale 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's NA This response reflects where the Individual lett 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 !, .. 3 .� No / , i' NA This response reflects whether the individual or his/her unit has received early notification to report for active duty - ♦ P 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. 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 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: 1 FZ547D1 R044P50 DISCOVER BANK Plaintiff vs. KRICKET L ESTRIGHT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 13-7577 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on �'ka1j4 (xx) Assumpsit Judgment in the amount of $3128.77 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non -Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Awar Prothonotary By: KRICKET L ESTRIGHT 8 E. MAIN STREET CARLISLE, PA 17015 PROTHONOTARY (ORgPUTY) Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955