HomeMy WebLinkAbout14-6570 Supreme Cour�pf-Pennsylvania �`WR0 30402839 C A Pit SJS
Courf of Co✓ 'leas -
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CUMBERLAND ` _,. ;;` ; C011IlY}; Docket No:
The information collected on this fibrin is used solely for court adminish•otion pr.nposes. This form does not
supplenrerrt or replace the filing and service of bleadings or other papers as required by low-or rules of court.
Commencement of Action:
S M Complaint ❑ Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction Declaration of Taking
DISCOVER BANK
C
Lead Plaintiff s Name: Lead Defendant's Name:
BARBARA WARD
I
O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: 12 within arbitration I traits
N (check one) E3outside arbitration limits
Is this a Class Action Suit? ❑ Yes Q No Is this an MDJ Appeal? ❑ Yes 15B No
A
' 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 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
E3 Product Liability(does not include [3 Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T ❑ Other: ❑ Other:
, I
13Other:
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
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PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
❑ Dental ❑ Other:
❑ Legal
❑ Medical.
❑ Other Professional:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK LA' 4� ) ,
Plaintiff No:
VS .
COMPLAINT IN CIVIL ACTION
BARBARA WARD
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
30402839 C A Pit SJS
� IIS.7s
Q G-�
� l �� ��
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs . Civil Action No
BARBARA WARD
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 6017 WERTZVILLE RD
ENOLA, PA 17025
5 . Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX2143 .
6 . Defendant made use of said credit card and has a current balance
due of $1405 . 81. 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, BARBARA WARD, individually, in the amount of $1405 . 81 and
costs .
/ l .r
William T. Molczan, 4 437
WELTMAN, WEINBERG EIS CO. , L.P.A.
436 7th Ave Ste 25
Pittsburgh PA 15219-1842
(412) 434-7955
FAX: 412-338-7130
WWR# 30402839 C A Pit SJS
DISC
VER Discover Open Road Card
DISV Account number ending in 2143
Open Date:Jun 25,2014-Close Date:Jul 24,2014
Cordmember Since 2011
Page 1 of 4
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $1,344.77 r New Balance $1,405•81
Payments and Credits – $0.00 Minimum Payment Due $300.00
Purchases + $0.00 August 19,2014
Payment Due Date 9 i
Balance Transfers i $0.00 •Includes post due amount of: $258.00
Cash Advances + $0.00
Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the
Interest Charged + $26.04 date listed above,you may have to pay a tote fee of up to$35.00 and your
purchase and balance transfer APRs for new transactions may be increased up to
New Balance $1,405.81 the Penalty APR of 27.99%variable.
See Interest Charge Calculation section following the ! Minimum Payment Warning: If you make only the minimum payment each
Transactions section for detailed APR information period,you will pay more in interest and it will take you longer to pay off your
—....– —..... _ ._–_......._...._....__.........__.......... ........................—......
Credit Line $1,000 balance For example
Credit Line Available $0 if rtn.tt�ak t�t� dd�natYsl'ctrtttges 1�a4�✓+ll in_y4lrvh ) ,Attd iotruidf rtcl�p
using:IktCs cdr l 4ind each monift bt"Iartcc st av+ra a'nthfs lag At1tj ah estir�itl�d lotaf:
Cash Advance Credit Line $300
j Cash Advance Credit Line Available $0 i Only the minimum payment 7 years $2,382
L........................................__..........._............—....__.......
:.._.......—_._........._._........_— ..._.... ......_.....__........_..._.......—
You may be able to avoid interest on Purchases.
See reverse for details. I If you would like information about credit counseling services,call 1-800-347-1121,
J
1 REWARDS
Anniversary Month
Cashback Bonus® October
Opening Balance $ 0.00 !
Your FICOe Credit Score on 6/18/14. j New Coshback Bonus This Period + $ 0.00 j
More at Discover.com
1 Redeemed This Period __..
_$ 0.00
Please make check payable to Discover. You are overlimit. I Cashback Bonus Balance 0.00 ;
Pay the sum of the Minimum Payment Due plus the remaining To learn more,log in at Discover.com
overlimft amount of$405.81.
Make Check payable to Discover NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please fold on the perforation below,detach and return with your payment
0
Payt1'MON. POY n, Pd� �Pl1CRe. Account number ending in 2143
1*leasler
00t fald,,r6p ns' tapfi . listtiram. 3: 110 3d7 bf�3
.. . . Minimum Payment Due $300.00
I I ! l I n New Balance $1,405.81
III I II hIIIuI I II I I Il. i III' I I .
Payment Due Date August 19,2014
............................................._._.._........__..........._...............................................__........._.........._._.........._.......
BARBARA WARD Amount enclosed IS
6017 WERTZVILLE RD .............................._...._....._._.............._............._---_.............---.............._............__..........__._�
ENOLA PA 17025-1178
PO BOX 71084
CHARLOTTE NC 28272-1084
i�� i lui�;ll �; illi I �I;�-il1 ill III II i !
.304028394 Internet payments muni be received by SPM ET to be credited as of the some day �
Address,a-mail or telephone changed?Note changes on reverse side UmB$
000001986458263154169014058100049470030000
BARBARA WARD Account number ending in 2143_ _ .-_Open-Date.Jun 25..2014._Close Date:Jul 24,2014 Page 2 of 4
–_.... ---.......y ......_ ....__ ._.. —-.—.. __......
Important Information You must ensure that sufficient funds are available in your bank account,and
See your Cardmember Agreement.Your Cardmember Agreement oil transactions must comply with U.S. law.
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 is Other dollar amount. If your scheduled"Other dollar
amount"payment ll not enough t, cover the Minimum Payment Due as listed
If you think there is an error on your statement,write to us at; Discover,PO
on your monthly billing statement,your scheduled payment for that month
Box 30421,Solt Lake City,UT 84130-0421.You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled
days after the error appeared on your statement. You may call us,but if you payment is greater than the Minimum Payment Due,any excess will be
do we are not required to investigate any potential errors,and you may have applied in accordance with your Card member Agreement.If your scheduled
to pay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement,that
rights. Please see your Cardmember Agreement or visit payment will be processed only for the amount of your New Balance.Your
https://discover.com/billing6ghts for a copy of this notice. automatic payment amount may be less than the amount indicated on the
Payments.You may pay all or part of your Account balance at an 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 your records.
in the enveloppe provided after affixing postage.Payments sent without proper g _
postage will be returned to the sender.Do not send cash. If you pay by Amount: D Full Pay_0 Min Pay I a Min Pay+ S
check,you authorize us to use information on your check to make an
electronic fund transfer from your account at the financial institution indicated U Other Amount$ ; Bank Routing#:
on your check or to process the payment as a check transaction.If a payment Bank Account#
is processed as on electronic fund transfer,the transfer will be for the amount
of the check.When we use information from your check to make on Monthly on the❑Payment Due Date !ii 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 your [] Day of month(insert date)
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 on envelope other than the one provided. may be reflected in your credit report.We normally report the status and
Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month.If
on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete,please write us at this
at our processing facility after SPM Tocol 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 601976103.Please allow 7-10 Paying Interest.Your due dote is at least 25 Boys after the close of each
days for delivery.If your payment is returned unpaid,we reserve the right to Y 9
resubmit it as an electronic debit.Payments mode 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 5PM 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
coiling 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, Rate. 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 Date.If your scheduled Balance Subl'ect to Interest Rate. Your statement shows a Balance Subject
to Interest Rolle. It shows this for each transaction category. The Balance
payment dale falls on o weekend or bank holiday,your payment will be
Subject to Interest Rate is the average of the daily balances during the billing
processed the business day prior to the weekend or bank holiday.In order to
schedule monthly payments by telephone,you will need this statement and perMod.
your bank account information.You will be asked to provide the last 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 51.00 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 on error in the processing of such payment.You can
cancel 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 quality 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
r If correct on front,do not use.Please print clearly in blue or black ink,in the space provided.
I
Street Address Home Phone
..._.-_..—_......—.....—......—...........---....._..----
Work Phone
i .................._.......__._........._...............
i
! City Email
362POR39
To make changes to your address, email or telephone number, visit Discover.com
Continued on next page
DISC VER Discover Open Road Card
Account number ending in 2143
Open Dote:Jun 25,2014-Close Date:Jul 24,2014
Page 3 of 4
CONTACT US
Web Mobile Phone Inquiry Mail Payments
0
Access our Manage your 1-800-DISCOVER Discover Discover
account secu0
rely 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
j
m.Discover.com UT 84130 IL 60197-6103
_ _
Transactions
Trans.Date Post Date
Fees Jul 19 Jul 19 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD 35.00
Interest Charged INTEREST CHARGE ON PURCHASES $ 21.07
INTEREST CHARGE ON CASH ADVANCES 4.97
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 26.04
2014 Totals Year-to-Date
TOTAL FEES CHARGED IN 2014 S 240.00
TOTAL INTEREST CHARGED IN 2014 $ 160.42
.......—.....-..._........._._......__........_........----..........._._.......__.................-..._.........._................_.........._..........................---..........._-....._._..........-............................._..........
Interest Charge Calculation
Your Annual Percentage Rote(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 22.99% V $1,115.09 $21.07
Cash Advances 24.99% V $242.22 $4.97
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
FICOO Credit Scare Terms
The FICO®Credit Score we provide will never impact your credit score.
Your FICOm 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 Searse
Effective July 1,2014,Discover cordmembers will no longer be able to make payments to their Discover account with cash,cashier's checks or money orders
at Sears locations.Cordmembers 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.
30402839
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
BARBARA WARD _ Account number ending in 2.143 Open Date:Jun 25,2014-Close Date:Jul 24,2014 Page 4 of 4
30402839
f D VERIFICATION
C,6� bri
(Name) J (Titl
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 ) 4—
LV,/-�_
ignature)
BARBARA WARD DB Servicing Corporation servicing affiliate
XXXXXXXXXXXX2143 For Discover Bank
WWR# 30402839 C A Pit SJS
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson 'r 1LLO-OFFICE
Sheriff THE P OTHQNO IAI\'
of 4.trip
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Cif FICC CJF TI E I' F,IFF
2U11i NOV 26 AM 1 I: 23
CUMBERLAND COUNTY
PENNSYLVANIA
Discover Bank
vs.
Barbara S Ward
Case Number
2014-6570
SHERIFF'S RETURN OF SERVICE
11/19/2014 07:50 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint
& Notice by "personally" handing a true copy to a person representing thfit
ves to • e the Defendant,
4
to wit: Barbara S Ward at 6017 Wertzville Road, Enola, PA 17025.
SH' N HARRI iN, DEPUTY
SHERIFF COST: $44.95 SO ANSWERS,
November 21, 2014 RONNS' R ANDERSON, SHERIFF
(c) CuuntySuite Shanff, Teleosof, Inc.
A
IN THE COURT OF COMMON PLEAS .. _
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -
DISCOVER BANK
Plaintiff
vs . Civil Action No. 14-6570 CIVIL
BARBARA WARD
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against the Defendant BARBARA WARD above named, in
the default of an Answer, in the amount of $1405 . 81 computed as follows :
Amount claimed in Complaint $1405 . 81
Less payments / adjustments made $0 . 00
Attorney' s fees $0 . 00
TOTAL $1405 . 81
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: w^ "
William T. Molczan 7437
30402839 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 :
BARBARA WARD
6017 WERTZVILLE RD
ENOLA, PA 17025
S 16.SOA.
Bri
ex-I* "
sts-oLt
cm C-(2 ` eco
A
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case No. 14-6570 CIVIL
vs.
BARBARA WARD
Defendant
IMPORTANT NOTICE
TO:
BARBARA WARD
6017 WERTZVILLE RD
ENOLA, PA 17025-1178 ��
Date of Notice: 1 r1
I
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.#90983
WELTMAN,WEINBERG & REIS CO., L.P.A.
436 7th Ave Ste 2500
Pittsburgh, PA 15219
Phone: (412)434-7955
(412)434-7959
30402839 A PIT H4W
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs . Civil Action No. 14-6570 CIVIL
NON-MILITARY AFFIDAVIT
BARBARA WARD
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, BARBARA WARD 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:
BARBARA WARD
6017 WERTZVILLE RD
ENOLA, PA 17025
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 .
AFFIANT
Department of Defense Manpower Data Center Results as of:Jan-08-201511:06:58 AM
SCRA 3.0
'' e
4 .`�o Status Report
- Pursuant to Servicernembers Civil Relief Act
Last Name: WARD
First Name: BARBARA
Middle Name:
Active Duty Status As Of: Jan-08-2015
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA Na 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 Status Service Component
NA NA "No NA
This response reflects where the individual left active dutystatus within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
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. .. ' , ...
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: 7179E87AE1F8D00
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs . Civil Action No. 14-6570 CIVIL
BARBARA WARD
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the fol�owing Order of Judgment
was entered against you on 1i6 /lj
(xx) Assumpsit Judgment in the amount of $1405 . 81 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:
PROTHONOTARY (OR,6E511-, 31004-0
BARBARA WARD
6017 WERTZVILLE RD
ENOLA, PA 17025
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