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Home My WebLink About14-3360S E C T I 0 N A S E C T I 0 N B Supreme Court of Pennsylvania Court of Common Pleas Civil. Cover Sheet CUMBERLAND County 30287114 C A Pit SJS WitR For Prothorwtan' Use Onli : DISCOVER BANK Lead Plaintiff's Name: Docket No: U The infbrnratfon collected on this ,form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint 0 Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction 0 Declaration of Taking DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: AMY L BROPHY Dollar Amount Requested: ® within arbitration limits (check one) ❑ outside arbitration limits Are money damages requested? rg Yes 0 No Is this an MDJ Appeal? 0 Yes El No Is this a Class Action Suit? • Yes 13 No William T. Molczan,47437 Name of Plaintiff /Appellant's Attorney: ❑ Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ❑ ❑ ❑ ❑ ❑ Intentional Malicious Prosecution Motor Vehicle Nuisance Premises Liability Product Liability (does not include Mass tort) ❑ Slander/Libel/Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort — Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Protection jia Debt Collection: Credit Card ❑ Debt Collection: Other o Employment Dispute Discrimination ❑ Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute o Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Retraining Order ❑ Quo Waranto ❑ Replevin ❑ Other: Updated 1/1/2011 v{ {1 1'itOr! tj'u :�..' ., f 1 �/1{; u' t ,j UN Alt : G8 CU rBEnLAf D COUNT? PENNS YL.ivA NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff vs. AMY L BROPHY CIVIL DIVISION No P.-I33LDc COMPLAINT IN CIVIL ACTION 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 30287114 C A Pit SJS I slog, N761 &I jt# 1 1 0'73 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No COMPLAINT AND NOTICE TO DEFEND DISCOVER BANK Plaintiff vs. AMY L BROPHY Defendant 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 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 46 S 35TH ST CAMP HILL, PA 17011 5. Defendant applied for and received a credit card bearing the account number. XXXXXXXXXXXX9825. 6. Defendant made use of said credit card and has a current balance due of $2697.17. 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, AMY L BROPHY, INDIVIDUALLY, in the amount of $2697.17 and costs. William T. Molcz ,47437 WELTMAN, WEINBEPG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 WWR# 30287114 C A Pit SJS DISC VER ACCOUNT SUMMARY Previous Balance IPayment and Credits I Purchases sBalance Transfers Cash Advances Fees Charged Interest Charged New Balance Discover it Card Account number ending in 9825 Open Dote: Nov 28, 20.13 Close Date: Dec 27, 2013 Cardmember Since 2013 PAYMENT INFORMATION 52,662.17 l $0.00 + $0.00 + $0.00 + $0.00 + $35.00 + $ 0.00 52,697.17 See Interest Charge Calculation section following the Transactions section for detailed APR information Credit Line $2,500 Credit Line Available 50 Cash Advance Credit Line 5600 Cash Advance Credit Line Available SO You may be able to avoid interest on Purchases. See reverse for details. 527 Your FICO' Credit Score on 12/22/13. More at Discover.com/FICO Please make check payable to Discover. You are overlimit. Poy the sum of the Minimum Payment Due plus the remaining overlimit amount of 5197.17. Please pay online atwww.Discover.com or make checks payable to Discover. Phone or internet payment? Pay before midnight ET on your payment due date for same day credit. Make Check payable to Discover Please fold on the perforation below, detach and return with your payment Page 1 of 4 New Balance Minimum Payment Due * Payment Due Date * Includes post due amount of: $2,697.17 $425.00 January 22, 2014 $370.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and ii will take you longer to pay off your balance. For example: lfyott make nts o400-nts1 r4targes. crsj g tht ica d;and eoch mcit t yait;payr.,, ! Ypu'v+11 tpiy off fife • balanceshowaisii;thts talefneAf.%aboit And rou Will eti up prying atn ese.Inttted'tdlbt , Only the minimum payment 8 years $4,672 f you would like information about credit counseling services, call 1-800-347-1121. REWARDS Cashback Bonus® Opening Balance New Cashback Bonus This Period Redeemed This Period Cashback Bonus Balance t To learn more, log in at Discover.com $ +$ -5 Anniversary Month February 0.00 0.00 0.00 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Payment Coulpon Please dp aot fo9d, :[tp or tdpie,.01.Kovot. corn Pay Online Pay by Phone..... 1,:f003 73 85 1,111111111 Iii 1111111111111 11.111111111111111 AMY L BROPHY 46 S 35TH ST CAMP HILL PA 1 701 1-4410 1?11 Phone and Internet payments must be received before midnight ET on your due date to be 30287444s of the same day. Address, e-mail or telephone changed? Note changes on reverse side 000001986450219442103026971700150000042500 Account number ending in 9825 Minimum Payment.Due :$425'.00 New Balance $2,697.17 Payment Due Date Amount enclosed January 22, 2014 I$ PO BOX 71084 CHARLOTTE NC•28272-1084 IIL1111!; 11 1I1I11111,I'I!lI'1!I��n11;1!11111111111 �e IT AMYL BROPHY . Account number ending in 9825 Important Information See your Card member Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1-800-347-3085. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130-0421. You must write to us within 60 days after the error appeared on your statement .You may call us, but if you do we ore not required to investigate any potential errors, and you may have to pay the amount in question. The Billing Rights Notice further explains your rights. Please see your Cardmember Agreement or visit https://discover.com/billingrights for a copy of this notice. Payments. You may pay all or port of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only your payment and the bottom portion of this statement in the envelope provided after affixing postage. Payments sent without proper postage will be returned to the sender. Do not send cash. If you pay by check, you authorize us to use information on your check to make an electronic fund transfer from your account al the financial institution indicated on your check or to process the payment as a check transadion. If a payment is processed os an electronic fund tronsfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check bock from your financial institution. The processing of your payment may be delayed if you send cosh, corres- pondence or other items with your payments, if you send the payment io any other address, or if you use an envelope other than the one provided. Payments received in proper form al our processing facility by 5PM local time on any day will be credited io your Account as of that day. Payments received at our processing facility after 5PM local time will be credited to your Account as of the next day. If you hove misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as on electronic debit. Payments mode online or by phone will be credited as of the day of receipt if mode by 5 PM Eastern time. You con pay your monthly Minimum Payment Due, or o greater amount that does not exceed your current Account balance, over the telephone or you can setup automatic poyments through a customer service representative by calling 1-800-347-3085.Automotic payments for the billing period shown on your statement will be deducted on the Poyment Due Date shown on that statement, or the next automatic payment date referred to on your statement, unless you request a recurring payment date (e.g., the 15'' day of the month) that occurs before your Payment Due Dote or Close Date. If your scheduled payment dale falls on a weekend or bank holiday, your payment will be processed the business doy prior to the weekend or bunk holiday. In order to schedule monthly payments by telephone, you will need this statement and your bank account information. You will be asked to provide the last four (4) digits of the sociol security number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize, in the amount selected by you, from your bank account. You also authorize us io initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such poyment. You can cancel o scheduled payment by phone 011-800-347-3085 or by mail at Discover, P0 Box 30421, Salt Lake City, UT 84130-0421; however, we must receive notice at least three business days in advance of the scheduled payment. CHANGE OF ADDRESS Open Date: Nov 28, 2013 - Close Date: Dec 27, 2013 Page2 of 4 If your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will be. You must ensure thol sufficient funds are available in your bank account, and all ironsadions must comply with U.S. law. You can set automatic payments for: (1) statement New Balance, (11) statement Minimum Payment Due, (iii) sioiemeni Minimum Payment Due plus a fixed dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar amout" payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Card member Agreement. If your scheduled payment is greater than the New Balance on your billing sioiement, that payment will be processed only for the amount of your New Balance. Your automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Date. If you enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization for your records. Amount: u Full Pay L Min Pay `! Min Pay+ $ L Other Amount$ ; Bonk Routing #: Bonk Account # Monthly on the L Payment Due Date n Close Date Day of month (insert date) Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at this address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. Paying Interest. Your due date is at least 25 days after the close of each bilking period (at least 23 days for billing periods that begin in February). We will not charge you any interest on Purchases if you pay your entire balance by the due date each month. We will begin chor in interest on Cash Advances and Balance Transfers as of the later of the Transaction Dote or the first day of the billing period in which the transaction posted to your Account. How We Calculate Interest Charges. We Use the Daily Balance Method Including current transactions) to calculate the Balonce Subject to Interest Rate. For more information, please call us at 1-800-347.3085. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rote is the average of the daily balances during the billing period. Credit Balances. If your Account hos a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make charges against this amount if your Account is open. We wit send you a refund of any remaining balance of $1.00 or more after 6 months, or as otherwise required by applicable law, or upon request made to the address in the Contact Us section on page 3 of your billing statement. Balance Transfers. Balance Transfers are offered of our discretion and accrue interest at the stondord purchase rate unless we tell you otherwise. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover® card is issued by Discover Bank, Member FDIC. DIT If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address City 361 iii14 Home Phone Work Phone I Email To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC VER CONTACT US Web. Mobile Access your account securely at Discover.com Manage your account anytime, anywhere at m.Discover.com Discover it Card Account number ending in 9825 Open Date: Nov 28, 2013 - Close Date: Dec 27, 2013 Page 3 of 4 Phone 1-800-347-3085 TDD 1-800-347-7449 Inquiry Discover PO Box 30943 Solt Lake City UT 84130 Mail Payments Discover PO Box 6103 Carol Stream IL 60197-6103 Transactions Trans. Dale Post Date Fees Dec 22 Dec 22 LATE FEE TOTAL FEES FOR THIS PERIOD $ 35.00 35.00 Interest Charged 2013 Totals Year -to -Date TOTAL INTEREST FOR THIS PERIOD S TOTAL FEES CHARGED IN 2013 $ TOTAL INTEREST CHARGED IN 2013 $ 0.00 200.00 0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 0.00% $2,662.17 50.00 Cash Advances 24.99% V $0.00 50.00 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/interestcharges Your FICO® Credit Score is based on dato from TransUnion and may be different from other credit scores. Discover and other lenders may use different inputs like o FICO® Credit Score, other credit scores and more information in credit decisions. If you prefer not to receive your FICO® Credit Score on your statement, just call us at 1-800-347-3085. Please give us two biting cycles to process your request. To learn more, visit Discover.com/FICO. Your FICO® score is provided for your own non-commercial personal review, use and benefit. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries. 30287114: NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION GAMY L BROPHY Account number ending in 9825 Open Date: Nov 28, 2013 • Close Date: Dec 27, 2013 Page 4 of 4 30287114' I� \ J(0. (Name) VERIFICATION (Tit 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 5`/19 /N AMY L BROPHY XXXXXXXXXXXX9825 WWR# 30287114 C A Pit SJS DB Servicing Corporation servicing affiliate For Discover Bank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ?C .Hr PCC 1 Sheriff .;' HONG 1n Jody S Smith Chief Deputy Richard W Stewart Solicitor O E OF THE SHERIFF 25 JUN 11 FM 3: 06 CUMBERLAND EPENNSYLVANIA f � AW A Discover Bank vs. Amy L Brophy Case Number 2014-3360 SHERIFF'S RETURN OF SERVICE 06/05/2014 02:14 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Warren Castoneira, fiancee, who accepted as "Adult Person in Charge" for Amy L Brophy at 46 S. 35th Street, Hampden Township, Camp Hill, PA 17011. F CHRIS PHER SHARPE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, June 09, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieosoft, Inc. DISCOVER BANK Plaintiff vs. AMY L BROPHY TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION F LE[3 0FFICE THE PROTHONOTARY 20111 SEP -2 PH 12: 52 CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 14-3360 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant AMY the default of an Answer, in the amount of $2373.17 Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL I hereby certify that been mailed in accordance Notices. L BROPHY above named, in computed as follows: $2697.17 $324.00 $0.00 $2373.17 appropriate Notices of Default, as attached have with PA R.C.P. 237.1 on the dates indicated on the WELTMAN, WEINBERG & REIS CO., L.P.A. 30287114 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 : AMY L BROPHY 46 S 35TH ST CAMP HILL, PA 17011 $I(°.50 Pa Air/ (I`1aa5t0 310'iq Uai IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AMY L BROPHY Defendant TO: AMY L BROPHY 46 S 35TH ST CAMP HILL, PA 17011-4410 t ?S Date of Notice: Case No. 14-3360 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 30287114 A PIT M4Z DISCOVER BANK Plaintiff vs. AMY L BROPHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-3360 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, AMY L BROPHY 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: AMY L BROPHY 46 S 35TH ST CAMP HILL, PA 17011 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 Serviceinembers Civil Relief Act Last Name: BROPHY First Name: AMY Middle Name: Active Duty Status As Of: Aug -22-2014 Results as of : Aug -22-2014 05:45:28 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA e,. �.' .-" "'�.- . ��. No NA This response reflects the individuals active duty status based on the Active Duty:Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Statust Service Component NA i . :NA - ,. 4(. c `i - _ '"NOFe" NA This response reflects where the Individual left active duty status within367,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 " -~ r 7 ' No NA This response reflects whether the ind'n dual or lila/her unit has received -early notificatton to report for active duty Upon searching the data banks of the Department of Defense ManpowerData 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 4 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 (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: FCZBF3CAZOCFS40 DISCOVER BANK Plaintiff vs. AMY L BROPHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-3360 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t following Order of Judgment was entered against you on q. ailq (xx) Assumpsit Judgment in the amount of $2373.17 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 Award Prothonotary By: AMY L BROPHY 46 S 35TH ST CAMP HILL, PA 17011 PROTHONOTARY'C( Dr 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AMY L BROPHY '110 s 36911S-1' Defendant(s) ca.m? t ` , pn 1-2,6 It Civil Action No. 14-3360 CIVIL METRO BANKab IN) Utile. ialvd (1 ..4t Sle pi 1-)45( 3 SUSQUEHANNA& VALLEY FEDERAL CREDIT UNION1 3 Sb t{avi7-46- i' Garnishee(s) }1i l/, P/ /iD l/ PRAECIPE FOR WRIT OF EXE UTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against AMY L BROPHY , Defendant 3. against METRO BANK, SUSQUEHANNA VALLEY 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): c�� 5 9 . m d a Ato- L/q- 9 a/-- / 0 S. 7,5 ft 1 N. so FEDERAL CREDIT UNION, , Garnishee $ $2,373.17 $ $162.00 6 alai . ►7 $23.05 $2,234.22 WELTMAN, WEINBERG & REIS CO., L.P.A. By: James P. lecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 Td w as (Pu, e sa tL. etg 1136/V3 ?6C5Z ccC/ WWR No. 30287114vc( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AMY L BROPHY Defendant(s) No. 14-3360 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) METRO BANK SUSQUEHANNA VALLEY FEDERAL CREDIT UNION Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James P. Valecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30287114 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net DISCOVER BANK Vs. AMY L. BROPHY WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-3360 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against AMY L. BROPHY, 46 SOUTH 35TH STREET, CAMP HILL, PA 17011 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANKGARNISHEE(S), as garnishee, 20 NOBLE BLVD., CARLISLE, PA 17013 (Specifically , describe property) and to notify the garnishee that SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, 3850 HARTZDALE DRIVE, CAMP HILL, PA 17011 (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. • (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $2,211.17 Plaintiff Paid Interest $23.05 Law Library Attorney's Comm. % Due Prothonotary $2.25 Other Costs Attorney Paid $194.20 Date: 11/7/14 (Sal) /5/ aa -ed 44ge David D. Buell, Prothonotary By: ri4LZeh 9 Deputy • REQUESTING PARTY: Name : JAMES P. VALECKO, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7TH AVENUE, SUITE 2500 PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 79596 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits S. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AMY L BROPHY Defendant(s) Civil Action No. 14-3360 CIVIL 0)15 0.Je INTERROGATORIES IN ATTACHMENT METRO BANK SUSQUEHANNA VALLEY FEDERAL CREDIT UNION Garnishee(s) FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James P. Valecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30287114 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AMY L BROPHY Defendant(s) Civil Action No. 14-3360 CIVIL METRO BANK SUSQUEHANNA VALLEY FEDERAL CREDIT UNION Garnishee(s) TO: METRO BANK, 20 NOBLE BLVD, CARLISLE, PA 17013 SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, 3850 HARTZDALE DR, CAMP HILL, PA 17011 RE: AMY L BROPHY , 46 S 35TH ST, CAMP HILL, PA 17011 Suggested Reference No.: XXX -XX -8191 XXX -XX - IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee -Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 30287114 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. no 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. no 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. no 11. if If the response to Interrogatory 7 is in the affi iative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? no 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. ( By: James P. Va ecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 WWR No. 30287114 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S - -' ' '--- OF ---'----''-'- "~~-��l4ITNOu`` t. 1R1040‘) 21 pM' 3' O9 tiBE.11LNI4D [O;tiT / CU p��\�� n:`�'''� OF F ICE OFTHE wmiF Discover Bank vs. Amy L Brophy Case Number 2014-3360 SHERIFF'S RETURN OF SERVICE 11/18/2014 10:45 AM - Brian Barrick, Deputy, who being duly sworn accoring to law, attached as herein commanded all goods, ohatte|a, hghte, debta, uns1ha, and monies of the Defendant, in the handa, possesaion, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard., Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Terry Glass,Customer Service Rep, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made t e contents there of known to her. BRIAN BARRICK, DEPUTY SO ANSWERS, November 19, 2014 RONNRANDERSON, SHERIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND AND COU UNTY ;A; OF TMZ:,t+ZPIFF citF�� u: THF PRC)THONO 7D|��MV�/ �� 0q ' '`"�' �^ ' '' � "� CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Amy L Brophy Case Number 2014-3360 SHERIFF'S RETURN OF SERVICE 11/20/2014 03:37 PM Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Susquehanna Valley Federal Credit Union, 3850 Hartzdale Drive, Lower Allen Township, Camp Hill, PA 17011, Cumberland County, by handing to Margaret Fisher, Vice President Member Services, 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 wrof execution and notice to defendant was mailed on November 21, 2014 to Amy 1. Brophy at 46 S 35th Street, Camp Hill, PA 17011. November 21.2014 (c) CourgySuito Sheriff, Toleosott, 4# Gu`onA , DEPUTY SO ANSWERS, RONN R ANDERSON, SHERIFF