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Home My WebLink About14-3795 30300174 C A Pit SJS Supreme Cou��trofPenns�Jlvania �v«�R� Cour6bf Common Pleas J-1 ' ? 10 For Prothonotaq Use Only CIA C-over„Shut �' CUMBERLAND , *c�`�� County Docket No: The information collected on this fornr is used solely for court odminish•ation purposes. This form does not supplement or replace the filing and sen-ice of pleadings or other papers as required by law or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Taking C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T STACEY TURCOTTE I 0 Are money damages requested? M Yes ❑ No Dollar Amount Requested: El within arbitration limits N I (check one) ❑outside arbitration limits A Is this a Class Action Suit? E3Yes fat No Is this an MDJ Appeal? 13Yes W No Name of Plaintiff/Appellant's Attorney: William T. Molczan, 47437 ❑ 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) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Protection Administrative Agencies ❑ Malicious Prosecution L 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 ❑ Product Liability(does not include ❑ Employment Dispute Mass tort) Discrimination C Cl 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 F iL�O-O FICOF It"HE PROTHONOTARY �. 2054JUN27 P111= 141 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 1q, c 37q J VS . COMPLAINT IN CIVIL ACTION STACEY TURCOTTE 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 30300174 C A Pit SJS � � 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No STACEY TURCOTTE 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 1102 MARKET ST UNIT 3 NEW CUMBERLAND, PA 17070 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9197 . 6 . Defendant made use of said credit card and has a current balance due of $1960 . 11 . A copy of Plaintiff ' s Statement is attached hereto, marked as Exhibit 11111 . 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, STACEY TURCOTTE, INDIVIDUALLY, in the amount of $1960 . 11 and costs . /Z," c / William T. Mo czan, 47437 WELTMAN, WE BERG & REIS CO. , L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 WWR# 30300174 C A Pit SJS DISC VER Discover More Card Account number ending in 9197 Open Date:Dec 13,2013-Close Date:Jan 12,2014 Cardmember Since 2001 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION /Previous Balance $1,958.47 New Balance $1,960.11 ~ Payments and Credits — $0.00 Minimum Payment Due $294.00 Purchases + $0.00 iPayment Due Dote February 7,2014 Balance Transfers + $0.00 *Includes post due amount of: $245.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $1.64 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $1,960.11 purchase and balance transfer APRs for new transactions may be increased up to 1 the Penalty APR of 5.99%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 le:j balance.For exam Credit Line $3,600 P Credit Line Available $0 f YapmokertrrdYrvticlkdyauwIlEtdu usttig tht br tared.each month bofartae spawn on;thtx ptlying atr esfimaled i0W Cash Advance Credit Line $1,900 u s}a}eQntr}obaut:; of,: Cash Advance Credit Line Available $0 Only the minimum payment 3 years $1,994 j You may be able to avoid interest on Purchases. j If you would like information about credit counseling services,call 1-800-347-1121. See reverse for details. / � ----� � --� REWARDS _ jContact Us Discover.com _............................---........---............__.....—._......__..............—....................._..............__..--..__..........__..........._.Anniversa tvlon�h... 1-800-347-2683 Cashback Bonus® October tJ 1 Opening Balance $ 0.00 New Cashbock Bonus This Period + $ 0.00 I Redeemed This Period —$ 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 ayt11en �ibtJ�ll � �Qy�Ptlltl@ � Pay by Phoa�. Account ending in A c t number e 9197 151e0 s� 00 {a(d;:Of or 1s qPI+ C1'isct�vers am 1�t�0.3ri7-�ia83 ' Minimum Payment Due $294.00 IIiillll !!Illli!V !!I!i ?Ili ! ill !iil!III New Balance $1,960.11 Payment Due Date February 7,2014 STACEY TURCOTTE _.......__._.............._....__....................._................ 519 BEDFORD CT Amount enclosed $ _....__......._._............_....................................._.._...... ._.........._._...............__......._._..._....._.............� MECHANICSBURG PA 17050-4604 PO BOX 71084 CHARLOTTE NC 28272-1084 til!I'IIIIII'IiI I illh 11II Jill:l!'I ' IIIIIIIIII: 30300174 Internet payments must be received by 5PM ET to be credited as of the some day Address,e-mail or telephone changed?Note changes on reverse side 000001986618201251456019601100705780029400 EXHIBIT STACEY TURCOTTEAccount number ending in 9197 Open Dote: Dec 13,_2013•Close Date:Jan 12,2014 Page 2 of 4 Important Information You must ensure that sufficient funds ore available in your bank account,and See your Cardmember Agreement.Your Cardmember Agreement all transactions must comply with U.S. low. contains oil the terms of your Account. You can set automatic payments for: (i)statement New Balance,(ii)statement Lost or stolen cards.Report immediately! Call 1-800-347-2683. Minimum Payment Due,(iii)statement Minimum Payment Due plus a fixed What To Do if You Think You Find A Mistake On Your Statement dollar amount,or(iv)Other dollar amount. If your scheduled''Other dollar If you think there is an error on your statement,write to us at: Discover,PO amount"payment is not enough to cover the Minimum Payment Due as listed Box 30421,Salt Lake City,UT 84130-0421. You must write to us within 60 on your monthly billing statement,your scheduled payment for that month days after the error appeared on your statement. You may call us,but if you will be increased to cover the Minimum Payment Due. If the scheduled do we are not required to investigate any potential errors,and you may have payment is greater than the Minimum Payment Due,any excess will be to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Card member Agreement.If your scheduled rights. Please see your Cardmember Agreement or visit payment is greater than the New Balance on your billing statement,that https://discover.com/billingdghis for a copy of this notice, 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 Payments.You may pay all or part of your Account balance at any time. billing statement based on credits or payments after the Close Date. However,you must pay at least the Minimum Payment Due by the Payment If you enroll by phone in our automatic payment service,please fill-in the Due Date.Send only your payment and the bottom portion of this statement following blanks below and retain the authorization for our records. in the envelope provided after affixing postage.Payments sent without proper 9 Y postage will be returned to the sender.Do not send cash. If you pay by Amount: Full Pa Min Pa check,you authorize us to use information on yyour check to make an Y Pay_0 Min Pay+ $ electronic fund transfer from your account at fihe financial institution indicated D Other Amount$ Bank Routing#: on your check or to process the payment as a check transaction.If a payment Bonk Account# is processed as an electronic fund transfer,the transfer will be for the amount of the check.When we use information from your check to make an Y Monthl on the Payment Due Date L Close Date electronic fund transfer,funds may be withdrawn from your account as soon as the some day we receive Your payment,and you will not receive yourDay of month(insert dale) check back from your financial institution. The processing of your payment may be delayed if you send cash,corres- Credit Reporting.We may report information about your Account to credit pondence or other items with your payments,if you send the payment to any bureaus.Late payments,missed payments,or other defaults on your Account 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 this at our processing facility after 5PM local time will be credited to your Account address:Discover,PO Box 15316,Wilmington,DE 19850-5316.Please as of the next day.If you have misplaced your envelope,send your payment include your name,address,home telephone number and Account number. 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 Paying Interest.Your due date is at least 25 days after the close of each resubmit it as an electronic debit.Payments made online or by phone will be billing period (at least 23 days for billing periods that begin in February).We credited as of the day of receipt if made by 5 PM Eastern time. will not charge you any interest on Purchases if you pay your entire balance by the due date each month.We will begin charging interest on Cash You can pay your monthly Minimum Payment Due,or a greater amount that Advances and Balance Transfers as of the later of the Transaction Date or the does not exceed your current Account balance,over the telephone or you can first day of the billing period in which the transaction posted to your Account. setup automatic payments through a customer service representative by calling 1-800-347-2683.Automatic payments for the billing period shown How We Calculate Interest Charges.We Use the Daily Balance Method on your statement will be deducted on the Payment Due Date shown on that (including current transactions)to calculate the Balance Subject to Interest statement,or the next automatic payment date referred to on your statement, Rote. For more information,please call us at 1-800-347-2683. unless you request a recurring payment date(e.g.,the 15"day of the month) that occurs before your Payment Due Date or Close Dote.If your scheduled Balance Subiect to Interest Rate. Your statement shows a Balance Subject payment date falls on o weekend or bank holiday,your payment will be io Interest Rofe. If shows this for each transaction category. The Balance processed the business day prior to the weekend or bank holiday.In order to Subject to Interest Rate is the average of the daily balances during the biling schedule monthly payments by telephone,you will need this statement and period. your bank account information.You will be asked to provide the lost four(4) Credit Balances. If your Account has a credit balance,the amount is shown digits of the social security number of the primary borrower.By providing on the front of your billing statement. A credit balance is money that is owed those numbers as your electronic signature,you will be agreeing to this to you. You may make charges against this amount if your Account is open. authorization to allow us and your bank to deduct each payment you We will send you a refund of any remaining balance of$1.00 or more after authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable law,or upon request made authorize us to initiate debit or credit entries to your bank account,as to the address in the Contact Us section on page 3 of your billing statement. applicable,to correct an error in the processing of such payment.You can concel a scheduled payment by phone at 1-800-347-2683 or by mail at Balance Transfers.Balance Transfers are offered at our discretion and Discover,PO Box 30421,Salt Lake City,UT 84130-0421;however,we must accrue interest at the standard purchase rate unless we tell you otherwise. 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 qualify assurance purposes. monthly billing statement when your payment will be made and how much it will be. The Discover®card is issued by Discover Bank,Member FDIC. TL23N CHANGE OF ADDRESS If correct on front,do not use.Please print clearly in blue or black ink,in the space provided. Street Address Home Phone I --— ....__.. _ ...._...---.......—_.... I Work Phone ! City Email 7i To make changes to your address, email or telephone number, visit Discover.com Continued an next page DISC VER Discover More Card Account number ending in 9197 Open Date:Dec 13,2013-Close Date:Jon 12,2014 Page 3 of 4 CONTACT US 0 Web Mobile Phone Inquiry Mail Payments Access your ■ Manage your 1-800-DISCOVER Discover0 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 Carol Stream m.Discover.com UT 84130 IL 60197-6103 Transactions Trans.Date Post Date —..........................__......._..............__............_........ __...._..........._.._.........__.....__.......---.........._----.__......._..........._................__........__.............._..............__................_..._............._........._-....._._....... -- Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged INTEREST CHARGE ON PURCHASES S 0.04 INTEREST CHARGE ON CASH ADVANCES 1.60 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 1.64 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 $ 0.00 TOTAL INTEREST CHARGED IN 2014 $ 1.64 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 0.99% $60.12 $0.04 Cash Advances 0.99% $1,899.14 S1.60 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/interesicharges 30300174 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION STACEY TURCOTTE _ _ Account number endin0.in 9197 _ Open Date:Dec 13,2013-Close Date:Jan 12,2014 Page 4 of 4 30300174 J VERIFICATION a5EPi+r0q 14 13A LL L 1TtG)8Tf6�-1 suaeaar &ors;altsz (Name) (Title)' IV — 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. 6 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-ZT(A,re_ 1Q. 2_t21H (Signature) STACEY TURCOTTE DB Servicing Corporation servicing affiliate XXXXXXXXXXXX9197 For Discover Bank WWR# 30300174 C A Pit SJS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ;LL:u-Ur—i: Sheriff - THE PRO1HON01rir, �atp of Luinfier.6 b 4. Jody S Smith Chief Deputy iC 1 4 JUL -9 of 9I 9: 37 . r Richard W Stewart .. " `'''" CUMBERLAND COUNTY Solicitor PENNSYLVANIA OFFICE OF THE SHERIFF Discover Bank vs. Stacey Turcotte Case Number 2014-3795 SHERIFF'S RETURN OF SERVICE 07/02/2014 03:32 PM - Deputy Jamie DiMartle, 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: Stacey Turcotte at 1102 Market Street, Unit 3, New Cumberland Borough, New Cumberland, PA 17070. tucg naT),--Th IE DIMARTLE, DEPUTY SHERIFF COST: $47.21 SO ANSWERS, July 03, 2014 (c) CountySuite Shoritt, Toleosoft. Inc. R ANDERSON, SHERIFF DISCOVER BANK Plaintiff vs. STACEY TURCOTTE TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 2014 ANUG 29 PtN 2: 15 SUMBEPL A ND a PENNS Yi.'YA MAfr 1 Civil Action No. 14 3795 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant STACEY TURCOTTE above named, in the default of an Answer, in the amount of $1960.11 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $1960.11 $0.00 $0.00 $1960.11 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. 30300174 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 : STACEY TURCOTTE 1102 MARKET ST UNIT 3 NEW CUMBERLAND, PA 17070 appolla.so N fl1,4j 'L2w1a( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STACEY TURCOTTE Defendant Case No. 14 3795 CIVIL IMPORTANT NOTICE TO: STACEY TURCOTTE 1102 MARKET ST UNIT 3 NEW CUMBERLAND, PA 17070 Date of 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: ( Mew an 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 30300174 A PIT M4Z DISCOVER BANK Plaintiff vs. STACEY TURCOTTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14 3795 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, STACEY TURCOTTE 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: STACEY TURCOTTE 1102 MARKET ST UNIT 3 NEW CUMBERLAND, PA 17070 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 Servicemembers Civil Relief Act. Last Name: TURCOTTE First Name: STACEY Middle Name: Active Duty Status As Of: Aug -19-2014 Results as of : Aug -19-2014 07:20:39 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`l: •'��.�'i Novi• NA This response reflects the Ind' vfdder; active duty status based on the Aittve Dutj+Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 1 ''.NA .._ �.. _- i_ N „fa_'. -No r—: i ' 1 NA This response reflects &hare the individual leftaCtive Autystatus within 367 days preceding the •Active Dtty 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 ` -, . - " '"y :. .'No#' NA This response reflects whether the individual or histher unit has reset ied-early notification to'rreeport 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 Unlformed_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: 4C2D3C987061 P60 DISCOVER BANK Plaintiff vs. STACEY TURCOTTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14 3795 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) (xx) ( ) Plaintiff Defendant Garnishee You are hereby notified that the following Order of Judgment , ob/r was entered against you on (xx) Assumpsit Judgment in the ( ) Trespass Judgment in the amount. of $ ( ) amount of $1960.11 plus costs. If not satisfied within sixty (60) days, your operator's license and/or registration will b by the Department of Transportation, Bureau o Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non -Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: STACEY TURCOTTE 1102 MARKET ST UNIT 3 NEW CUMBERLAND, PA 17070 Plaintiff's address is: plus costs. motor vehicle e suspended f Traffic Safety, TnmJcih ) 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. -i- s4 • Civil Action No. 14 3795 CIVIL STACEY TURCOTTE � I i O , 6,044. " i iv -v Defendant(s) (ptA- 'vim %� 1• CITIZENS BANK S Y\...)61,41/1Cyt Q-1 S+• 1 l• � / `x s l e (' A (�U/ 3 Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against STACEY TURCOTTE , Defendant 3. against CITIZENS BANK, , , Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): avuttg'P66pJa 4-) t algr: 1,3.75 (/ lc,. SD //4‘04.k-ku ? $1,960.11 $0.00 $6.44 $1,966.55 WELTMAN, WEINBERG & REIS CO., L.P.A. By: James P. V ecko, Esquire PA I.D. #79 96 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Avenue, Suite 2500 Pittsburgh, PA 15219 (412) 434-7955 u,, I 4,7 WWR No. 30300174 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STACEY TURCOTTE Defendant(s) CITIZENS BANK Garnishee(s) No. 14 3795 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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. 30300174 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DISCOVER BANK Vs. NO 14-3795 Civil Term CIVIL ACTION — LAW STACEY TURCOTTE WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against STACEY TURCOTTE, 1102 MARKET STREET, UNIT 3, NEW CUMBERLAND, PA 17070 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 CITIZENS BANKGARNISHEE(S), as garnishee, 665 NORTH EAST STREET, CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that (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. (iii) 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. 1 (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 $1,960.11 Plaintiff Paid Interest $6.44 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $196.46 Other Co Date: 9/25/14 David D. Buell, Prothonotary (Seal) By: 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 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY PILED -OFFICE of mJir�r. OE .THE PROTHONOTARY Ft4 E'N.RiFP I4 OCT - 8 PM 2: 51 CUPELRLAND COUNTY PENNSYLVANIA Discover Bank vs. Stacey Turcotte Case Number 2014-3795 SHERIFF'S RETURN OF SERVICE 10/07/2014 12:59 PM - Jamie DiMartile, 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, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Janine Sheaffer, Senior Personal Universal Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 8, 2014 to Stacey Turcotte at 1102 Market Street, Unit 3, New Cumberland, PA 17070. October 08, 2014 (c) CountySuitc Sherif, Teleosoft, inc. Q IE DIMARTILE, DEPUTY SO ANSWERS, WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James P Valecko, Esquire Attorney for Plaintiff(s) I.D. No.79596 436 Seventh Avenue, Suite 2500 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 30300174 DISCOVER BANK CUMBERLAND County Court of Common Pleas vs. STACEY TURCOTTE NO. 14-3795 CIVIL and CITIZENS BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), CITIZENS BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A By James P Vlecko, Esquire Attorney for Plaintiff Lk.,* I) itsiD R-V7Jacl--)s