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HomeMy WebLinkAbout14-0988 Supreme Court-of-Pennsylvania «WR N 30196829 C A Pit SJS Coui 6f CommonBeas ' Giv • � Gov_er�Sheet y For Prothowlaq Use Only: ' C UMBERLANL5�, ? COUnh Docket No: x 177e information collecred on this form is used solely for court administration purposes. This form does not supplement or replace the filing, fling and service of pleadings or other papers as required bu law or rules of court. Commencement of Action: S M Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction 10 Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T TROY D BRUMBACH I 0 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 Q No Is this an MDJ Appeal? ❑ 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 ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution 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 ❑ Slander /Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O 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 %l�IfaE RL A 1 CO UNTY PL'ti dSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS. COMPLAINT IN CIVIL ACTION TROY D BRUMBACH 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 30196829 C A Pit SJS {� 11 L/ a� say 3 ©1� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No TROY D BRUMBACH 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 208 N 32ND ST CAMP HILL, PA 17011 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8498. 6. Defendant made use of said credit card and has a current balance due of $1510.27. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1 ". 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and /or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, TROY D BRUMBACH, INDIVIDUALLY, in the amount of $1510.27 and costs. William T. M czan,47437 WELTMAN, WE BERG & REIS CO., L.P.A. 436 7th Av Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 301-968-2-9 A =Pit SJS . ._. DISC VER Discover More Card Account number ending in 8498 Open Date: May 3, 2013- Close Date: Jun 2, 2013 Cordmember Since 2011 Page 1 of 4 A CCOUNT SUMMARY P AYMENT INFORMATION Previous Balance $1,45537 New Balance $1,51 Payments and Credits — $0.00 Minimum Payment Due $551.00 Purchases + $0.00 Payment Due Date June 28, 2013 Balance Transfers + $0.00 Cash Advances $p.p0 ± • Includes past due amount of: $476.00 I Fees Charged + 535.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $19.90 date listed above, you may have to pay a late fee of up to $35.00 and your I ;New Balance $1,510.27 I purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 20.99% variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each 1 Transactions section for detailed APR information period, you will pay more in interest and it will Coke you longer to pay off your Credit Line i $7 5 Credit tt Line Available $0 1 b alan c e. if ya no odd es YoG 4t! pay off ht' A+ld, auwillettd u ' y y r? I Sine) th�s;card and eoc}t msttlh baltincp sltoWit o;tf qtt esk mq}ed total � Cash Advance Credit Line $3,800 tfs pif you ,stat8metilt in about >, tit.,; Cash Advance Credit Line Available $0 I Only the minimum payment 3 years $1,782 j You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1-800-347-112 1. Seereverse for details. `. .... ................................................................................................_._.......................__................................................................._........................._....................................._. ..........................._,,' .................._ ................ _ ...... ......... ............ .... ................... ! REWARDS Contact Us Discover.com Anniversary Month t 1- 800 - 347 -2683 i Coshback Sonus® June --' Opening Balance S 0.00 New Coshback Bonus This Period + S 0.00 j Redeemed This Period ( I .....I. 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 — Payment Coupon ha Online Pay by Ph o ne Account number ending in 8498 ) K i Please da n4t ftslcl clip or siapla< ©fscraver;'com a,- $00�3d7-2�83' I f _... _. _ Minimum Payment Due $551 .00 I I l I I i) 'Ili ili li I;II! New Balance $1,510.271 Payment Due Date June 28, 2013 TROY D BRUMBAGH ! .........._._.........._ ........................... ..... .................................... ........._..... ................................... ............._.......... � j 208 N 32ND ST Amount enclosed ($ ' CAMP HILL PA 1 701 1 -281 0 PO BOX 71084 CHARLOTTE NC 28272 -1084 3019 Nc i68261 Internet payments must be received by 5PM ET to be credited as of the someday ' Address, e-mail or telephone changed? Note changes on reverse side 000001986833860731611015 102700009980055100 TROY D BRU/vtBACM Account nu 8498 Open Date_ ......... May 3, 2013 - Close Date: Jun 2, 2013 Pa e 2 of 4 .......... ... . ..... _... ..... . ... 8 .................. 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. low. 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 immediatelyl 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 an error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month Box 30421, Sall 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 Cordmember Agreement or visit payment will be processed only for the amount of your New Balance. Your hops:/ /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 any time However, you must pay at least the Minimum Payment Due b th P al If you enroll by phone in our automatic payment service, please fill -in the y a Due Date. Send only yyour payment and the bottom portion of thi s statement me following blanks below and retain the authorization for your records. in the envelope prowled, Do not send cash. If you pay by check, yo Amount: _! Full Pa y r y y outhoriz us o use information on your check to make pn electronic n it "l Min Pa Min Pa y + S transfer from your account at the financial institution indicated on your check Other AmouniS Bank Routing #: or to process the payment as a check transaction. If a payment is processed 9 as an electronic fund tragnsfer, the transfer will be for the amount of the Bank Account # check. When we use intormolion from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some Monthly on the .._I Payment Due Date (...'Close Date day we receive your payment, and you will not receive your check back from your financial institution. I_ .. 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 on 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 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 have 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 dos for billing ( y g 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 How We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next automatic payment dote referred to on your statement, unless you request a recurring payment date (e.g., the 15 "; day of the month) (including curret iormal transactions) to c cal l l at 1-800-347-2683. to alance Subject Interest that occurs before your Payment Due Date or Close Date. If your scheduled moe nf please payment dote falls on a weekend or bank holiday, your payment will be Balance Sub to Interest Rate. Your statement shows o Balance Sub' processed the business day prior to the weekend or bank holiday. In order to I Subject schedule monthly payments by telephone, you will need this statement and to Interest Rate. It shows this for each transaction category. The Balance your bank account information. You will be asked to provide the last 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 y ow us and your bank to deduct each payment you our electronic signature, you will be agreeing to this authorization to all Credit Balances. If your Account has o 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 S 1,00 or more after cancel o 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, Salt 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. will befy b illing statement when your payment will be made and how much it The Discover cord is issued by Discover Bank, Member FDIC, TL23N CHANGE OF ADDRESS _... _ ...................... ............. ............................... . ...__.......... __............. ....... __ ......... _ .......... If correct on front, do not use. Please print clearly in blue or block ink, in the space provided. ...... f Street Address ; Home Phone ...... ............................. .. .... ................... Work Phone i ........ City Email ............................. ............................... I i 381b&29 ......... _ To make changes to your address, email or telephone number, visit Discover.com Continued on next page a � DISC VER Discover More Card Account number ending in 8498 Open Date: May 3, 2013 - Close Dote: Jun 2, 2013 Page 3 of 4 CONTACT US 0 Web Mobile 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 Corol Stream m.Discover.com UT 84130 IL 601 97.6103 Transactions Trans. Date Post Date Fees May 28 May 28 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 ........... ._... ......................... . _ . . _ ... ..................._....................................._........._........................................._......,_......._........_ _ .. ................_......_ ..... ................. ......_.__ ............................... __ ........................................................................................................................................... ............................. ....................................... ......... Interest Charged INTEREST CHARGE ON PURCHASES S 19.90 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 19.90 _ _ _......... �_ —... ___...._.._ —._ -- ..._.. _ .......... _ ....... .........__..._ ...._ ............. —. .......... ... .... ........ .............. ... ..... . ... __ . 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 210.00 TOTAL INTEREST CHARGED IN 2013 $ 106.23 ...................................................................................................................................................................................................................................................................................................................................................................................................._...................................... ......._....................... ........................................... ........................... . ... Interest Charge Calculation Your Annual Percentage Rate APR) is the annual interest rate on your account. Current Billing Period: 31 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 15.99% V $1,464.97 $19.90 Cash Advances 23.99% V $0.00 $0.00 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /inierestcharges 30196829 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION f w TROY D BRU Accouni number endi in 8498 Open Date: May 3, 2013 - Close Date: Jun 2, 2013 Po e 4 of 4 ..... ....... .. . ......... ...........,...... 30196829 i VERIFICATION (Name) Title) of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks sufficient knowledge or information to verify this 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 / 1a A DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tczot 1 t ! k"#1 i �: it �'� � .r Jody S Smith Chief Deputy ? 2 L;`. Richard W Stewart Solicitor orr ;1:4 --E C U M B L R L A L L u_'; T Y PENNSYLVANIA Discover Bank vs. Case Number Troy D Brumbach 2014-988 SHERIFF'S RETURN OF SERVICE 03/03/2014 03:25 PM-Deputy Brian Grzyboski, 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: Troy D Brumbach at 1004 North West Street, Carlisle Borough, Carlisle, PA 17013. • _ /..,. 1 1-3/ :RIAN GRZY: �T TY SHERIFF COST: $69.17 SO ANSWERS, March 05,2014 RON■ R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc DISCOVER BANK Plaintiff VS. TROY D BRUMBACH TO THE PROTHONTARY: F;LED-OFFICE OF THE PRO1HONOTARY IN THE COURT OF COMMON PLEAS 2014APR28 PM 1:52 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 14-988 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant TROY D BRUMBACH above named, in the default of an Answer, in the amount of $1510.27 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $1510.27 $0.00 $0.00 $1510.27 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. 30196829 C A Pit SS 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 : TROY D BRUMBACH 1004 NORTH WEST STREET CARLISLE, PA 17013 .5 g*gcs-rb 7X A/oie /47, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TROY D BRUMBACH Defendant TO: TROY D BRUMBACH 1004 NORTH WEST STREET CARLISLE, PA 17013 Date of Notice: Case No. 14 -988 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434 -7955 (412) 338 -7130 30196829 A PIT M4Z DISCOVER BANK Plaintiff vs. TROY D BRUMBACH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14 -988 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, TROY D BRUMBACH 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: TROY D BRUMBACH 1004 NORTH WEST STREET CARLISLE, PA 17013 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 Results as of : Apr -21- 2014 06:30:03 AM SCRA 3.0 Status Deport Pursuant to Sery cemembes Civil Relief Act Last Name: BRUMBACH First Name: TROY Middle Name: Active Duty Status As Of: Apr -21 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No - NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da 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 10 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. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 E44:5044..„. 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 /PCO9SLDR.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 (NOM 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: M97AJ960RODB170 DISCOVER BANK Plaintiff VS. TROY D BRUMBACH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-988 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ) Garnishee You are hereby notified that the fo lowipg Order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $1510.27 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 Prothonotary . cr. By: PROTHONOTARY OR DEPUTY) TROY D BRUMBACH 1004 NORTH WEST STREET CARLISLE, PA 17013 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 James J. Gluck, Esquire Hennessy & Walker Group, P.C. 217 Washington Street Toms River, NJ 08753 . (732) 505 -4800 Attorney I.D. 74970 Attorney for Plaintiffs 11. • -F 2014 APR 28 P11 1: j 9 C UM ErRL AND COUNTY °ENNS YLVANIA State Farm Mutual Automobile Insurance Company a/s /o Andrea Staron P. O. Box 2371 Bloomington, IL 61702 VS. Denise Baughman : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action : No.: 14 -1199 Civil PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter Judgment in the above case by default for want of response to the Complaint filed against the Defendant, and assess the damages as per the statement below: Real Debt: $903.74 I hereby certify that written notice of the intention to file this Praecipe was mailed to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of said notice is attached hereto_— And now, < < ,2014, Judgment entered in favor of the Plaintiff and against the Defendant by default for want of resp e ,. e to the Complaint and damages assessed at the sum of $903.74 as per a ve sta quire To: 0 "'.FLCE OF THE PkOT }I°NOTARY COURT OF COMMON PLEA'S Dated: April 4, 2014 Denise Baughman 602 E. Keller Street Mechanisburg, PA 17055 State Faun Mutual Automobile Insurance Company a/s /o Andrea Staron VS Denise Baughman • • COURT OF COMMON PLEAS . Cumberland County, Pennsylvania Civil Action Law No: 14 -1199 Civil Notice, Rule 237.5 Notice of Praecipe to Enter Judgment by Default 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya seapersonalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defenses u objeciones a los reclamos formulados en contra suyo. Al no tomar laaccion debida dentro de diez (10) dias de la fecha de esta notification, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe Ilevar esta notifiacion a unabogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para tal sericio, vaya en persona o flame por telefono a la oficina, nombrada para averiguar si puede consegui asistencia legal. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990 -9108 If you have any questions concerning this notice, please call: James J. Gluck (Name of Attorney or Plaintiff 217 Washington Street, Toms River, NJ 08753 (Attorney's or Plaintiffs Address) 732 -505 -4800 at this telephone number: Our File No.: 1071- 3905PA State Farm Mutual Automobile Insurance Company a/s /o Andrea Staron P. O. Box 2371 Bloomington, IL 61702 VS. Denise Baughman : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action : No.: 14 -1199 Civil AFFIDAVIT OF NON - MILITARY SERVICE STATE OF NEW JERSEY: COUNTY OF OCEAN James J. Gluck, Esquire, being duly sworn according to law, deposes and says that he represents the Plaintiff(s) in the above entitled case; that he is authorized to make this affidavit on behalf of the Plaintiff(s); and that the above named Defendant(s) is(are) unknown years of age; the address of Defendant, Denise Baughman is 602 E. Keller Street Mechanisburg, PA 17055; occupation of Defendant(s) is unknown; and Defendant is not in the Military Service of the United States nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. . ss. Sworn to and subscribed before me this ,73-`11t day of '•4 / ,2014. a 4atary Public Carole A. Ddtus NOTARY PUBLIC OF NEW JERSEY COMMISSION EXPIRES 112112016 (RULE OF CIVIL PROCEDURE NO. 236) - REVISED James J. Gluck, Esquire Hennessy & Walker Group, P.C. 217 Washington Street Toms River, NJ 08753 (732) 505-4800 Attorney I.D. 74970 Attorney for Plaintiffs State Farm Mutual Automobile Insurance Company a/s/o Andrea Staron P. O. Box 2371 Bloomington, IL 61702 VS. Denise Baughman : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action : No. 14-1199 Civil NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. „ CI) PROTHONOTARY If you have any questions concerning the above, please contact: James J. Gluck, Esquire Attorney or Party Filing 217 Washington Street Toms River, NJ 08753 732-505-4800