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HomeMy WebLinkAbout14-6573 Supreme Court,-of;Pe�nnSy1N7anis WWR# 30388425 C A Pit SJS Cou of Common--, ' X ForProthonotaq Use Ontr: ivil Cover,�She'et CUMBERLANI , -�_:yQ/�' Counf� DocletI�To: ```- -"•�� �J The information collected on this form is used solely for court administration purposes. Dais form does not st.ipplettaettt or replace the filing acrd sen-ice ofpleodings or other papers as required br laiv oi•rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction ri eclaration of Taking DISCOVER BANK C Lead Plaintiff's Name: Lead Defendant's Name: T ERASMO DELCUORE _ I C Are money damages requested? ❑ Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) E3outside arbitration limits Is this a Class Action Suit? ❑ Yes 13 No Is this an NIDJ Appeal? ❑ Yes Q No A William T. Molczan, 47437 Name of Plaintiff/Appellant's Attorney: ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) 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 ❑ Product Liability(does not include ❑ Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos $ ❑ 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 f z 7-i"et; 1 F Y` j a 32 3 ' ;y f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: vs . COMPLAINT IN CIVIL ACTION ERASMO DELCUORE 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 30388425 C A Pit SJS (D 'bA� Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ERASMO DELCUORE 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 J 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 1301 WARWICK RD CAMP HILL, PA 17011 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9639 . 6 . Defendant made use of said credit card and has a current balance due of $9137 . 16 . 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, ERASMO DELMORE, individually, in the amount of $9137 . 16 and costs. William T. Molcz , 47437 WELTMAN, WEINBE & REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR## 30388425 C A Pit SJS DISC VERZ Discover More Card Account number ending in 9639 Open Date:May 26,2014-Close Date:Jun 25,2014 Cardmember Since 2004 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of 4 ' r , Previous Balance $8,934.04 ,I { New Balance $9,137.16 Payments and Credits - $0.00 ! Minimum $1,357.00 Payment Due' Purchases + $0.00 Payment Due Date Balance Transfers + $0.00 July July 20,2014 Cash Advances + $0.00 "Includes past due amount of: $1173.00 i Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $168.07 dote listed above,you may have to pay a late fee of up to$35.00 and your New Balance $9 137 16 ! purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 23.49%variable. See Interest Charge Calculation section following the Transactions section for detailed APR information Minimum Payment Warning: If you make only the minimum payment each u ay p — - -- — - -- -- --------- i period,you will a more in interest and it will take you longer to pa off our Credit Line $7,800 balance.For example: Credit Line Available $0 iff ydo make rta &ptttl cltibrg�t Yon�✓�ll ppp��f}}ztz_ Al 4�uv�ll ersd p $4,900 � g+bazar ,nd c ch a onth batatuce 41:*t*on this y'rltj dirt esfi tttated 9cotiii I Cash Advance Credit Line mootin abouf_; Cash Advance Credit Line Available $0 I Only the minimum payment ! 48 years $50,324 I You may be able to ovoid interest on Purchases. If you would like information about credit counseling services,call 1-800-347-1121 j See reverse for details. j J - -� REWARDS Cashback Bonus® Anniversary Month September I Opening Balance $ 0.00 j New Cashback Bonus This Period + $ 0.00 Redeemed This Period -S 0.00 Cashback Bonus Balance $ 0.00 Please make check payable to Discover. You are overlimit. To learn more,log in at Discover.com Pay the sum of the Minimum Payment Due plus the remaining overlimit amount of 51337.16. Make Check payable to Discover Please fold on the perforation below,detach and return with your payment NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION PUym1.6nt�U}0h0 NY 0"141110 P �y'P}1bad Account number ending in 9639\ 1 I ias zf,ttttt fafd c(ip nr fapl� O sert*r In 1. 06147 683 - - - - Minimum Payment Due $1,357.00 New Balance $9,137.16 Payment Due Date July 20,2014 ERASMODELCUORE ;. .—_..............................._..........._..............................._..........._..............................._...__.....__..............................._.. 1301 WARWICK RD Amount enclosed $ CAMP HILL PA 1 701 1-61 41 _............ _............ ..........._.._.. . ..._. —.... ...--.........__.......— ..__.......__............--......... PO BOX 71084 CHARLOTTE NC 28272-1084 II!j!Illlili 3036$4261 Internet payments must be received by SPM ET to be credited os of the same day Address,e-mail or telephone changed?Note changes on reverse side bnfmf 000001986458568914846091371600100000135700 ERASMO DELCUORE Account number ending in 9639 Open Date:Moy 26,2014-Close Dote:Jun 25,2014 Page 2 of 4 Important Ififormotion You must ensure that sufficient funds ore available in your bank account,and See your Cordmember Agreement.Your Cardmember Agreement oil transactions must comply with U,S. low. contains all the terms of your Account. You can set automatic payments for: (i)statement New Balance,(ii)statement Lost or stolen cards.Report immediatelyl 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,Solt 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 Cardmember 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/billingdghts for o 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 port of your Account balance of anytime. billing statement based on credits or payments after the Close Date. However,you must pay at least the Minimum Payment Due by the Payment Due Date.Send onlyyyour paymentand the bottom portion of this statement If you enroll by phone in our automatic payment service,please fill-in the in the enveloppe provided after affixing postage.Payments sent without proper following blanks below and retain the authorization for your records. Postage will be returned to the sender.Do not send cash. If you pay by L7 check,you authorize us to use information on your check to make on Amount: Full Pay ❑Min Pay [_J Min Pay+ S electronic fund transfer from your account at the financial institution indicated D Other Amount$ ; Bank Rousing#: on your check or to process the payment as a check transaction.If a payment is processed as an electronic fund transfer,the transfer will be for the amount Bank Account# of the check.When we use information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon Monthly on the❑Payment Due Date El Close Date as the some day we receive your payment,and you will not receive yourDay of month(insert date) check back from your financial institution. The processing of your payment may be delayed if you send cash,corres- Credit Repotting.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 inoccurote 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 dote is at leost 25 days after the close of each resubmit it as on 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 mode 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 Cosh You con pay your monthly Minimum Payment Due,or a greater amount that Advances and Bolonce 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 Dote 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 toll 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 Subject to Interest Rate. Your statement shows a Balance Subject payment date falls on a weekend or bank holiday,your payment will be to Interest Rafe. It shows this for each transaction category. The Balanc 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 billing schedule monthly payments by telephone,you will need this statement and period. 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 tto you. You may make charges against this amount if your Account is open. o this authorization to allow us and your bank to deduct each payment you We will send you a refund of any remaining balance of S 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 Contoct Us section on page 3 of your billing statement. applicable,to correct an 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 offer d 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 payment.If your payments may vary in amount,we will tell you on each Discover may monitor and/or record telephone calls between you and monthly billing statement when your payment will be mode and how much it Discover representatives for quality assurance purposes. 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 Work Phone City Email AM425 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISC VER Discover More Card Account number ending in 9639 Open Date:May 26,2014-Close Date:Jun 25,2014 Page 3 of 4 CONTACT US Web Mobile Phone < Inquiry Mail Payments Access your Manage your 1-800-DISCOVER Discover 0 Discover account securely account onylime, (1-800-347-2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City Carol Scream _— m.Discover.com UT 84130 IL 60197-6103 Transactions Trans.Date Post Date Fees Jun 20 Jun 20 LATE FEE S 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES S 32.74 INTEREST CHARGE ON CASH ADVANCES 135.33 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 168.07 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 S 210.00 TOTALINTEREST CHARGED IN 2014 S 935.25 _._._..—.........__......._..............---......—_....-- -.............–_......._._...__...._..............—...__....__._....._._...........__............_....._.__.._......._.._.......__..._..__......._.._.........__.......__........._...........__....._..._......... -..........__............__.........__._...... 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 18.49% V $2,084.83 $32.74 Cash Advances 22.99% $6,930.32 $135.33 V=Variable Rate Information For You For more information about how interest charges are calculated see your Cordmember Agreement or go to www.discover.com/interestcharges FICO Credit Score Terms The FICO®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 FICOe Credit Score,other credit scores and more information in credit decisions. If you prefer not to receive your FICO©Credit Score on your statement,just call us of 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.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. 30388425 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ERASMOIDEtCUORE Account number ending in 9639 Open Date:May 26 ,2014-Close Date:Jun 25,2014 Page 4 of 4 30388425 VERIFICATION /'s err ry l�� r✓ bli, (Name) Ti 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 / r- (Sign re) ERASMO DELCUORE DB Servicing Corporation servicing affiliate XXXXXXXXXXXX963 9 For Discover Bank WWR# 30388425 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE #' OT ON OTA „i 2 14 DEC -4 AM .9: 57 ,.. CUMBERLAND COUNTY ,.� $.�� PENNSYLVANIA. • Discover Bank vs. Erasmo Delcuore Case Number 2014-6573 SHERIFF'S RETURN OF SERVICE 11/20/2014 04:38 PM - Deputy Shawn Gutshall, 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: Erasmo Delcuore at 1301 Warwick Road, Lower Allen Township, Camp Hill, PA 17011. TSHAL SHERIFF COST: $44.95 SO ANSWERS, , DEPUTY November 21, 2014 RONIV R ANDERSON, SHERIFF (c} CountySude Sheriff, 7oleosoff, Inc. A IN THE COURT OF COMMON PLEAS St. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No. 14-6573 CIVIL ERASMO DELCUORE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant ERASMO DELCUORE above named, in the default of an Answer, in the amount of $9137 . 16 computed as follows : Amount claimed in Complaint $9137 . 16 Less payments / adjustments made $0 . 00 Attorney' s fees $0 . 00 TOTAL $9137 . 16 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 7437 30388425 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 : ERASMO DELCUORE 1301 WARWICK RD CAMP HILL, PA 17011 ouvt4 g So a Il (6'187 Yval\Lo ted IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 14-6573 CIVIL vs. ERASMO DELCUORE Defendant IMPORTANT NOTICE TO: ERASMO DELCUORE 1301 WARWICK RD CAMP HILL, PA 17011-6141 DateofNotice: I a \ t S ( 1 -f 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 WELTMANI 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)434-7959 30388425 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No. 14-6573 CIVIL NON-MILITARY AFFIDAVIT ERASMO DELCUORE 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, ERASMO DELCUORE 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: ERASMO DELCUORE 1301 WARWICK RD 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 . W ( AFFIANT Department of Defense Manpower Data Center Results as of:Jan-O8-201511:06:18 AM SCRA 3.0 Status Report f x� r1 Pursuant to Servicemembets Civil Relief Act Last Name: DELCUORE First Name: ERASMO 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 No =_ NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA `No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up 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/herunit 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. )4ittvuit. 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: 41Y3T85AK1F8730 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No. 14-6573 CIVIL ERASMO DELCUORE NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on 1114,115 (xx) Assumpsit Judgment in the amount of $9137 . 16 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, Awa d 3tootiop Prothonotary PROTHONOTARY (OR DEPUTY) ERASMO DELCUORE 1301 WARWICK RD CAMP HILL, PA 17011 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