HomeMy WebLinkAbout14-5714 _ U
Supreme Couvt-of-Rennsylvania WWRO 30368182 C A Pit SJS
Courof Common Pleas
4. ' ' N,\ PorProthorwtart'blse On4r:
�nTi�'Co�rers'Sheet
CUMBERLANDµ+. COUnt�- Docket No:
177e h? rination collected on this forrrr is used solely for court administration purposes. .This form does not
supplement or replace the filing and ser-vice of pleadings or other papers as required b.v lata,or rules of court.
Commencement of Action:
S 13 Complaint ❑ Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction E3Declaration of Taking
C DISCOVER BANK
Lead Plaintiff s Name: Lead Defendant's Name:
T SAMUEL C MIXELL
3I
0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: Q within arbitration limits
N (check one) E3outside arbitration limits
Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? ❑ Yes 0 No
A
William T. Molczan, 47437
Name of Plaintiff/Appellant's Attorney:
❑ 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
❑ Product Liability(does not include ❑ Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T ❑ Other: ❑ Other:
i ❑ Other:
0
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
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❑ Other: ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations
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PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
❑ Dental ❑ Other:
❑ Legal
❑ Medical
❑ Other Professional:
Updated 1/1/2011
'-Ji'li
E 2 9 Pt'i 2: "is
PE ,NSYLVA A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: lf, S7/1/
VS .
COMPLAINT IN CIVIL ACTION
SAMUEL C MIXELL
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 2500
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
30368182 C A Pit SJS
liS-7S pol
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No:
VS .
COMPLAINT IN CIVIL ACTION
SAMUEL C MIXELL
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 2500
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
30368182 C A Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
SAMUEL C MIXELL
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, 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 901 RUPP AVE APT
10 CAMP HILL, PA 17011
5 . Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX7481 .
6. Defendant made use of said credit card and has a current balance
due of $4861 .48 . 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, SAMUEL C MIXELL, individually, in the amount of $4861.48
and costs .
William T. Molcpoln, 47437
WELTMAN, WFINRHVG & REIS CO. , L.P.A.
436 7th Ave Ste 2500
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
WWR#k 30368182 C A Pit SJS
DISC VER° Discover it Card
Account number ending in 7481
Open Date:May 3,2014-Close Date:Jun 2,2014
Cardmember Since 2013
ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of 6
Previous Balance $4,810.63 \ r New Balance $4,861.48
Payments and Credits — $0.00 Minimum Payment Due'
Purchases + $0.00 $756.00
Balance Transfers + $0.00 Payment Due Date June 28,2014
Cash Advances + $0.00 `Includes post due amount of: $658.00
Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $15.85 date listed above,you may have to pay a late fee of up to$35.00.
New Balance $4,861.48 Minimum Payment Warning: If you make only the minimum payment each
See Interest Charge Calculation section following the period,you will pay more in interest and it will take you longer to pay off your
Transactions section for detailed APR information balance.For example:
Credit Line $4,500 �f on alc rao:tsdd8tattz Jtr,T trs 10OW-901�ybg*-4. ,Anz-i5u"lletsd4 ---
xtstr :tltfs,t6W and eoeh.t fiw i Jxd6nte A,a"N t b1t iiliis ptayy ng rn es�'�b1ed ,1
Credit Line Available $0 ybtrpr., 3fcrle_fi�aF"isttbaJf.., o
Cash Advance Credit Line 51,100 Only the minimum payment I 17 years $12,785
Cash Advance Credit Line Available $0 If you would like information about credit counseling services,call 1-800-347-112 1.
You may be able to avoid interest on Purchases.
See reverse for details. REWARDS
/ Month
Cashback
I� Bonus® Anniversary
March
Opening Balance $ 0.00
5 New Coshbock Bonus This Period + $ 0.00
Redeemed This Period –$ 0.00
Your FICO°Credit Score on 5/27/14. Cashback Bonus Balance $ 0,00
More at Discover.com To learn more,log in of Discover.com
Please make check payable to Discover. You are overlimit.
Pay the sum of the Minimum Payment Due plus the remaining
overlimit amount of$361.48.
Make Check payable to Discover
Please fold on the perforation below,detach and return with your payment NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION
e ' Ptly0Ii{Ih0 Q:Oi b-i�,Koh Account number ending in 7481
1 � O fold,41 dsr Si001i . 00 Nbstovpr corn
Minimum Payment Due $756.00
I"Ill�il�l�"IIID'IIIIII"lilllll'IIIIIIIIIIIIIIIIIIII"II�IIII New Balance $4,861.48
Payment Due Date June 28,2014
SAMUEL C MIXELL —
901 RUPP AVE APT 10 Amount enclosed I$
CAMP HILL PA 1 701 1-6657
PO BOX 71084
CHARLOTTE NC 28272-1084
Phone and Internet payments must be received before midnight ET on your due dote to be
3036W-82f of the some day
Address,e-mail or telephone changed?Note changes on reverse side
000001986458967600228048614800085000075600 rVul
SAMUEL C MIXELL Account number ending in 7481 Open Date:May 3,201.4_Close Date:Jun 2,2014 Page 2 of 6
Important Information If your payments may vary in amount,we will tell you on each monthly billing
See your Cardmember Agreement.Your Cardmember Agreement contains statement when your payment will be made and how much it will be.You
all the terms of your Account. must ensure that sufficient funds are available in your bonk account,and oil
Lost or stolen cards.Report immediately! Call 1-800-347-3085. transactions must comply with U.S. law.
What To Do if You Think You Find A Mistake On Your Statement You con set automatic payments for: (i)statement New Balance,(ii)statement
If you think there is an error on your statement,write to us at: Discover,PO Minimum Payment Due,(iii)statement Minimum Payment Due plus a fixed
Box 30421,Salt Lake City,UT 84130-0421. You must write to us within 60 dollar amount,or(iv)Other dollar amount. If your scheduled"Other dollar
days after the error appeared on your statement. You may call us,but if you amount"payment is not enough to cover the Minimum Payment Due as listed
do we are not required to investigate any potential errors,and you may have on your monthly billing statement,your scheduled payment for that month
to pay the amount in question. The Billing Rights Notice further explains your will be increased to cover the Minimum Payment Due. If the scheduled
rights. Please see your Cardmember Agreement or visit payment is greater than the Minimum Payment Due,any excess will be
haps://discover.com/billing69hts for a copy of this notice. applied in accordance with your Card member Agreement.If your scheduled
payment is greater than the New Balance on your billing statement,that
Payments.You may pay all or part of your Account balance at anytime. payment will be processed only for the amount of your New Balance.Your
However,you must pay at least the Minimum Payment Due by the Payment automatic payment amount may be less than the amount indicated on the
Due Date.Send only your payment and the bottom portion of this statement billing statement based on credits or payments after the Close Date.
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 If you enroll by phone in our automatic payment service,please fill-in the
check,you authorize us to use information on your check to make on following blanks below and retain the authorization for your records.
electronic fund transfer from your account at the financial institution indicated
on your check or to process the payment as a check transaction.If a payment Amount: D Full Pay D Min Pay '!i Min Pay+ $
is processed as on electronic fund transfer,the transfer will be for the amount [Other Amount$ Bank Routing#:
of the check.When we use information from your check to make on Bank Account#
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 Monthly on the G Payment Due DateClose Date
check back from your financial institution. 11
Day of month(insert dale)
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 to any Credit Reporting.We may report information about your Account to credit
other address,or if you use an envelope other than the one provided. bureaus.Late payments,missed payments,or other defaults on your Account
Payments received in proper form at our processing facility by 5PM local time may be reflected in your credit report.We normally report the status and
on any day will be credited to your Account as of that day. Payments received payment history of your Account to credit reporting agencies each month.If
of our processing facility after 5PM local time will be credited to your Account you believe that our report is inaccurate or incomplete,please write us at this
as of the next day.If you have misplaced your envelope,send your payment address:Discover,PO Box 15316,Wilmington,DE 19850-5316.Please
to Discover,PO Box 6103,Carol Stream,IL 60197.6103.Please allow 7.10 include your name,address,home telephone number and Account number.
days for delivery.If your payment is returned unpaid,we reserve the right to
resubmit it as an electronic debit. Payments mode 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 da of receipt if made b midnight on the Payment Due billing period (ot least 23 days for billing periods that begin in February).We
Y P Y 9 Y will not char a you any interest on Purchases if you pay your entire balance
Date or 5PM Eastern time on any other day. by the due dgate each month.We will begin chargging interest on Cash
You can a our monthly Minimum Payment Due,or rester amount that Advances and Balance Transfers as of the toter of the Transaction Dote or the
pay Y Y Y 9 first day of the billing period in which the transaction posted to your Accouni.
does not exceed your current Account balance,over the telephone or you con
setup automatic payments through a customer service representative by How We Calculate Interest Charges.We Use the Daily Balance Method
calling 1-800-347-3085.Automotic payments for the billing period shown on including current transactions)to calculate the Balance Subject to Interest
your statement will be deducted on the Payment Due Date shown on that Kate. For more information,please call us at 1-800-347-3085.
statement,or the next automatic payment date referred to on your statement, Balance Subject to Interest Rate.Your statement shows a Balance Subject
unless you request a recurring payment date(e.g.,the 1511 day of the month) to Interest Rate. It shows this for each transaction category. The Balance
that occurs before your Payment Due Dote or Close Date. If your scheduled Subject to Interest Rate is the average of the daily balances during the billing
payment date falls on a weekend or bank holiday,your payment will be period.
processed the business day prior to the weekend or bank holiday.In order to
schedule monthly payments by telephone,you will need this siotement and Credit Balances. If your Account has a credit balance,the amount is shown
your bank account information.You will be asked to provide the last four(4) on the front of your billing statement. A credit balance is money that is owed
digits of the social security number of the primary borrower.By providing to you. You may make charges against this amount if your Account is open.
those numbers as your electronic signature,you will be agreeing to this We will send you a refund of any remaining balance of$1.00 or more after
authorization to allow us and your bank to deduct each payment you 6 months,or as otherwise required by applicable law,or upon request made
authorize,in the amount selected by you,from your bank account.You also to the address in the Contact Us section on page 3 of your billing statement.
authorize us to initiate debit or credit entries to your bank account,as
applicable,to correct an error in the processing of such payment.You can Balance Transfers.Balance Transfers are offered at our discretion and
cancel a scheduled payment by phone at 1-800-347-3085 or by mail at accrue interest at the standard purchase rate unless we tell you otherwise.
Discover,PO Box 30421,Salt Lake City, UT 84130-0421;however,we must Discover may monitor and/or record telephone calls between you and
receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes.
payment.
The Discover®card is issued by Discover Bank,Member FDIC. DIT
CHANGE OF ADDRESS
r
If correct on front,do not use.Please print clearly in blue or block ink,in the space provided.
Street Address Home Phone
Work Phone
City Emoil
36AA82 I---- �
To make changes to your address, email or telephone number, visit Discover.com
Continued on next page
DISC VER Discover it Card
Account number ending in 7481
Open Date:May 3,2014-Close Dote:Jun 2,2014
Page 3 of 6
CONTACT US
Web
I Mobile 0Phone 0Enquiry Mail Payments
Access Manage Discover Discover j
0
account securely account anytime, 1-800-347-3085 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 May 28 May 28 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD 35.00
Interest Charged INTEREST CHARGE ON PURCHASES $ 0.00
INTEREST CHARGE ON CASH ADVANCES 15.85
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 15.85
2014 Totals Year-to-Date
TOTAL FEES CHARGED IN 2014 S 210.00
TOTAL INTEREST CHARGED IN 2014 S 88.42
--------....._.._.._..._.—_......_........----........_....._..__._..—..............................—............._......
_.
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 0.00% $4,071.63 $0.00
Cash Advances 24.99% V $746.64 $15.85
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/interestchurges
FICO'Credit Score Terms
The FICOO Credit Score we provide will never impact your credit score.
Your FICO®Credit Score is based on data from TransUnion and may be different from other credit scores.This information is intended for and delivered to
the Primary cardmembers only that have an available score and is available on the statement for individual accounts and on Discover.com for individual and
joint accounts.Discover and other lenders may use different inputs like a FICOO Credit Score,other credit scores and more information in credit decisions.
If you prefer not to receive your FICOO Credit Score on your statement,just call us at 1-800-DISCOVER(1-800-347-2683(. Please give us two billing cycles
to process your request.To learn more,visit Discover.com.This benefit may change or end in the future.
FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries.
Cash,Cashier's Check,and Money Order Payments Toward Your Discover Account Discontinued at Sears®
Effective July 1,2014,Discover cardmembers will no longer be able to make payments to their Discover account with cash,cashier's checks or money orders
at Sears locations.Cardmembers may still make payments towards their Discover account via personal check at Sears locations,online at www.discover.com,
by mailing us a personal check,cashier's check or money order,calling us at 1-800-DISCOVER(1-800-347-2683),or by sending us a cash payment from
any Western Union location.Please note,additional fees may be charged by Western Union or the business issuing your money order or cashier's check.
30368182
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
SAMUEL C MIXELL Account number endin in 7481 Open Date:May 3,201.4-Close Date:Jun 2,2014 Page 4 of 6
_.........._...... _.......__............ ......__ 0 _. — -...... __........._..._.
30368182
DISC VER Discover it Card
Account number ending in 7481
Open Date:May 3,2014-Close Date:Jun 2,2014
Page 5 of 6
30368182
+ SAMUEL C NIIXELL Account number ending in 7481 Open Date:May 3,2014-Close Date:Jun 2,2014 Page 6 of 6
30368182
a
VERIFICATION
/S'
(Name) (Titl65
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, 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
(Signature)
SAMUEL C MIXELL 04v�elp l-
DB Servicing Corporation servicing affiliate
XXXXXXXXXXXX7481 For Discover Bank
WWR# 30368182 C A Pit SJS
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY.
/-ED OF
-I~
,
T
or THE PMMTHONOT&R
~~~°n4~ 98 ��T �'% ��N0: �7
�"�ww" ^* n"^`° ~'
CUMBERLAND COUNTY
PENNSYLVANIA
Discover Bank
vs.
Samuel C Mixell
Case Number
2014-5714
SHERIFF'S RETURN OF SERVICE
10/01/2014 10:10 AM Deputy Tim B|och, 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: Samuel C Mixell at 901 Rupp Avenue, Apt. 1D.Lower Allen, Camp Hill, PA17O11,
TIM B K, EPUTY
SHERIFF COST: $44,95 SO ANSWERS,
October 03, 2014 RONR ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
DISCOVER BANK
Plaintiff
vs.
SAMUEL C MIXELL
TO THE PROTHONTARY:
Or
1!
IN THE COURT OF COMMON PLEAS ?Ui I DEC 22 1;51;i1°50
CUMBERLAND COUNTY, PENNSYLVANIA ,a
CIVIL DIVISION CUMBERLAND COUNTY
PENNSYLVANIA
Civil Action No. 2014-05714
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant SAMUEL C MIXELL above named,
in the default of an Answer, in the amount of $4716.95 computed as follows:
Amount claimed in Complaint
Less payments / adjustments
Attorney's fees
TOTAL
made
$4861.48
$144.53
$0.00
$4716.95
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.
By:
William T. Molczan,
30368182 C A Pit S
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 :
SAMUEL C MIXELL
901 RUPP AVE APT 10
CAMP HILL, PA 17011
437
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
SAMUEL C MIXELL
Defendant
TO:
SAMUEL C MIXELL
901 RUPP AVE APT 10 CAMPHILL,PA 17011-665,'
Date of Notice:
y3/)LJ
Case No. 2014-05714
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
30368182 A PIT S4E
DISCOVER BANK
Plaintiff
vs.
SAMUEL C MIXELL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 2014-05714
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, SAMUEL C MIXELL 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:
SAMUEL C MIXELL
901 RUPP AVE APT 10
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 Servicemembers Civil Relief Act
Last Name: MIXELL
First Name: SAMUEL
Middle Name: C
Active Duty Status As Of: Dec -04-2014
Results as of : Dec -04-2014 08:59:31 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 .'`
- • - - No \
NA
This response
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
Status
Service Component
NA
t , . NA . _
No `
NA
This response
reflects where the Individual left active duty status within 267 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 •
-No•r'
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
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: MOT1D183Z172CAO
DISCOVER BANK
Plaintiff
vs.
SAMUEL C MIXELL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 2014-05714
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are herebynotifiedthef that q� ow'� g Order of Judgment
was entered against
ainst you on / 2 V
(xx) Assumpsit Judgment in the amount of $4716.95 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:
SAMUEL C MIXELL
901 RUPP AVE APT 10
CAMP HILL, PA 17011
PROTHONOTARY (OR DFS ?UTX
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