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HomeMy WebLinkAbout03-1595Our File No. 153425 ATTORNEYS FOR PLAINTIFF -,ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 COURT OF COMMON PLEAS -----------------------------------------X COUNTY OF CUMBERLAND DISCOVER BANK c/o ERIC M. BERMAN, P.C. TRIAL DIVISION 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 CIVIL ACTION VS. Term ANDREA CRISTI BILLICK No -----------------------------------------x . Q3 _ /.5?9$ NOTICE 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 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 this complaint or for any other claim or relief required 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 OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abagado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. A demas la la corte puede decidir a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA O SO NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBERTY AVE., CARLISLE, PA 17013 Tel.: 800-990-9108 _Our File No. 153425 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 -----------------------------------------X DISCOVER BANK c/o ERIC M. BERMAN, P.C. 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 VS. ANDREA CRISTI BILLICK ---------------------------------------------X COMPLAINT 1. Plaintiff, DISCOVER BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term No. 03 -1045 &X*- ? is a DELAWARE STATE BANK authorized to do business in the Commonwealth of Pennsylvania with its place of business at 3311 MILL MEADOW DRIVE, HILLIARD, OH 43026. 2. The Defendant(s), ANDREA CRISTI BILLICK resides at 94 FAIRVIEW ST. , CARLISLE, PA 17013-0000. 3. There is due from the Defendant(s) the sum of $2,719.47 for credit extended by Plaintiff to Defendant(s), acct. no. 6011002290577006, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $2,719.47 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $2,719.47 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. ERIC M. BER P.C. Dated: DECEMBER 23, 2002 BY: ERIC M. BERMAN, ESQUIRE p SPACE-AQ BY: RON Z. OPHER, Esquire Attorneys for Plaintiff VERIFICATION RON Z. OPHER, ESQUIRE, being duly sworn according to law, deposes and says that he is of Counsel to the Law Firm of Eric M. Berman, P.C., and/or ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney, he is authorized to take this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements true and correct. I understand to the penalties of 18 Pa C.S.A. falsifications to authorities. 6v??- ERIC M. BERMAN, ESQUIRE made in the within instrument are that false statements are subject Section 4904 relating to unsworn RON Z. OPHER, ESQUIRE Dated: DECEMBER 23, 2002 SPACE-AQ ATTORNEY: BERMAN ACCOUNT NUMBER: 6011002290577006 BALANCE: $2719.47 CARDMEMBER (S): ANDREA CRISTI BILLICK STATE OF OHIO COUNTY OF FRANKLIN G. Rogers, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: THIS person is a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT, in their capacity as Legal Placement Account Manager, Affiant has control over and access to records regarding the account of this debtor; further, that the Affiant has personally inspected said account and statements regarding the balance due on said account. These Records are kept in the normal course of business. THAT the undersigned Affiant being duly sworn deposes and says that the policies and procedures of DISCOVER BANK and it's servicing agent, DISCOVER FINANCIAL SERVICES, INC. are in accordance with applicable federal and state consumer and credit laws. THAT the annexed statement of account, in favor of DISCOVER BANK, is a true and correct statement and there is now due and owing to DISCOVER BANK, exhibit A is a copy of the terms of the account which we forwarded with the charge card to the Card member(s). THAT to the best of the Affiant's knowledge and belief the defendant is employed in civilian life and by reason thereof is not engaged in the military service of the United States and is a resident of the State and of the County in which this action has been filed. THAT this affidavit is made on the basis of the Affiant's personal knowledge and in support of Plaintiff's suit on account against said Debtor. Sworn and Subscribed before me, This day of Friday, September 07, 2001. 4- ?A ff -A -47-1244) -111, ??e, - NOTARY IAL OAP SF.y` ; KAREN RENEE LIVENG00D Notary Public In and for the State of Ohio My Commission Expires Apr. 05, 2006 .?N\ C c i V3 h??a SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01595 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS BILLICK ANDREA CRISTI R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BILLICK ANDREA CRISTI unable to locate Her in his bailiwick. COMPLAINT & NOTICE the within named DEFENDANT 94 FAIRVIEW STREET CARLISLE, PA 17013 but was He therefore returns the NOT FOUND , as to BILLICK ANDREA CRISTI DEFENDANT'S CURRENT ADDRESS IS 100 WINDSON AVENUE APT B HADDENFIELD, NJ 08033. Sheriff's Costs: - So answer l Docketing 18.00 Service 3.45 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 36.45 ERIC BERMAN 04/14/2003 Sworn and subscribed to before me this 23,?,?( day of ILI, )oo-3 A.D. Pr nonotary T Our File NO. 153425 NTIFF ATTORNEYS FOR PLAP IC • I D. 83698 ERIC M• B ? rman, Es ulre, 57507 her, B Ro I Z op h o quire S D to 505 985 old Eagle a9087 Wayne 0530 (610) 902- DISCOVER BANBERMAN, P.C• CIO ERIC M• le School 985 Old Z 19087 Wayne, PA vs. Term ANDREA CRISTI BILLICK----------------------------- X ------------ :. No . 03 - 99S e. 6u k ? I- E NOTICE If you wish to defend against You have been sued in court. a es, you must take action by the claims entering a set forth in the following pages, within twenty (20) days after this complaint and notice are served, orbY attorney and filing written appearance personally with the court your defenses or objections to the claims in writing 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 this any other claim or relief required by the plaintiff. complaint or for or property or other rights important to you. You may lose money y OFFICE YOU SHOULD TAKE THIS PAPER TO ONE GOWTE OATTONCE. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD SET FORTH BELOW OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO iere defender Le han demandado a usted en la a°inas siguientes?usted tiene de estas demandas expuestas en??i rde la fecha de la demanda y la veinte (20) dias de plaza al pa ersoz o en notificacion. Hace falta?sanlarcouna rtecen formalescritatsus defenses o con un abagado y entrega o sus objeciones a las demandas en ntomara medidasoyapuedeacontinu? que si usted no se defiende, la corte la demanda en contra suya sin previo aviso o notificacion. A demas la Corte puede decidir a favor del demandante y requiere que usted rovisiones de esta demanda. Usted puede perder -- compla con todas las p dinero o sus propiedades u otros derechos importantes para uste . LLEVE ESTA DEMANDA A UN ABOGADO TEMDEIPAGAR TE. SSINOCIOIENE ABOEN O SO NO TIENE EL DINERO SUFICIEN ENCUENTI PERSONA O LLAME POR TELEFONO A LAO SE FICINA LE( FSCRITA ABAJO PARR AVERIGUAR DOND LAWYER REFERRAL SERVICE, COUNTY OF Address: 2 LIBERTY-AVE., CARLISLE, CUMBERLAND BAR ASSOCIATION PA 17013 Tel.: 800-990-9108 TRUE COV ?•) )R 1 ?t t '.r s"? se!, lily W 15?? r Wisle, Pa. `,? {may ?? s,.:a ? s ?r,.ay ??? •11 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $2,719.47 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $2,719.47 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. COURT OF COMMON PLEP,S COUNTY OF CUMBERLAND TRIAL DIVISION Road, Suite 505 CIVIL ACTION ERIC M. BE P.C. Dated: DECEMBER 23, 2002 Rv• „ ? ?? Our File No. 153425 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 ----X COURT OF COMMON PLEAS DISCOVER BANK - COUNTY OF CUMBERLAND C/o ERIC M. BERMAN, P.C. 985 Old Eagle School Road, Suite 505 ; CIVIL ACTION Wayne, PA 19087 Term VS. No. ANDREA CRISTI BILLICK ----------- COMPLAINT 1. Plaintiff, DISCOVER BANK , is a DELAWARE STATE BANK authorized to do business in the Commonwealth of Pennsylvania with its place of business at 3311 MILL MEADOW DRIVE, HILLIARD, OH 43026. 2. The Defendant(s), ANDREA CRISTI BILLICK resides at 94 FAIRVIEW ST. CARLISLE, PA 17013-0000. 3. There is due from the Defendant (s) the sum of $2,719.47 for credit extended by Plaintiff to Defendant (s), which such credit was drawn and used bythecDefendant(s?002290577006, Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $2,719.47 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendants has failed and refused to pay the said sum or any part thereof. ( ) 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant s) plus interest, attorneys fees and costs which are the sum of $2,719.47 owing from the Defendant(s) to the Plaintiff. Justly due and Dated: DECEMBER 23, 2002 SPACE-AQ ERIC M. BE P.C. BY: ERIC M. BERMAN, ESQUIRE BY: - RON Z. OPHER, Esquire Attorneys for Plaintiff VERIFICATION RON Z. OPHER, ESQUIRE, being and says that he is of Counseluto thern accordi of to law, deposes Law P to law, .C., and/or ERIC M. BERMAN, ESQUIRE, being orc a Bermanccordg deposes and says that he is the Prna pal sattorney of1Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney is authorized to take this verification on its behalf, and tha facts in the Complaint as set forth therein are true and ? he the best of his knowled t the I verify th true and correct. to the penalties falsification 9e, information and belief. correct to at the statements made in the within instrument are I understand that false statements are subject of 18 Pa C.S.A. Section 4904 relating to unsworn s to authorities. ERIC M. BERMAN, ESQUIRE Dated: DECEMBER 23, 2002 RON Z. OPHER, ESQUIRE SPACE-AQ ATTORNEY: BERMAN ACCOUNT NUMBER: 6011002290577006 BALANCE: $2719.47 CARDMEMBER (S): ANDREA CRISTI BILLICK STATE OF OHIO COUNTY OF FRANKLIN G. Rogers, personally appeared before me, this day and after being duly sworn, accordin to upon his/her oath and says: g law, THIS person is a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT, in their capacity as Legal Placement Account Manager, Affiant has control over and access to records regarding the account of this debtor; further, that the Affiant has personally inspected said account and statements regarding the balance due on said account. These Records are kept in the normal course of business. THAT the undersigned Affiant being duly sworn deposes and says that the policies and procedures of DISCOVER BANK and it's servicing agent, DISCOVER FINANCIAL SERVICES, INC. are in accordance with applicable federal and state consumer and credit laws. THAT the annexed statement of account, in favor of DISCOVER BANK, and there is now due and owing to DISCOVER BANK, exhibit A is a is a true and correct of the account which we forwarded with the charge card to the Card member(s). copy of the terms THAT to the best of the Affiant's knowledge and belief the defendant is employed in civilian life and by reason thereof is not engaged in the military service of the United States and is a resident of the State and of the County in which this action has been filed. THAT this affidavit is made on the basis of the Affiant's personal knowledge and in support of Plaintiff's suit on account against said Debtor. Sworn and Subscribed before me, This day of Friday, September 07, 2001. NOTARY KAREN RENEE LIVENGOOD Notary Public in and for the State of Ohio My Commission Expires Apr. 05, 2006 Renee K. Simpson Deputy Prothonotary Curtis R. Long Prothonotary office of tbe protbonotarr CLumbedanb CountP john E. Slike Solicitor .? -? I CC1 CIVIL TERM ORDER OF TERMINATION OF COURT CASES NOVEMBER 2007 AFTER MAILIN HEOp,TgOV OF THIS 5Tx DAY OF N RECEIVING NO RESPONSE PA AND NOW F INTENTION TO PROCEED AND ?tITH PRENDICE IN ACCORDANCE WITH CASE IS HEREBY TERMINATED R C P 230.2. BY THE COURT' CURTIS R. LONG PROTHONOTARY Carlisle, Pennsylvania 17013 (717) 240-6195 'Fax (717) 24Q-6573 line Courthouse SyU?