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Home My WebLink About07-1438 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ~~f - ~3~ ~ '/ vs. COMPLAINT IN CIVIL ACTION BRYAN E SMITH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05760127 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No BRYAN E SMITH 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, is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: BRYAN E SMITH 930 S 29TH ST CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011298655016511 A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of March Ol, 2007 in the amount of $8513.73 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant BRYAN E SMITH ,INDIVIDUALLY in the amount of $8513.73 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys fees of $1000.00 and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S v nth Avenue, Suite 2718 Pitt bu h, PA 15219 (41~ 43 -7955 FAX 41 -338-7130 05'~"~601 C A Pit WLG This law firm is a debt collector att mp ng to collect this debt for our client and any information obtai ed ill be used for that purpose. DISCC~V~R' S8,5 3 73ce CARD Js 08 SDSN8A01 0011554 BRYAN SMITH 930 S 29TH ST CAMP HILL PA 17011-5804 6011 2986 5501 6511 January 7, 2007 $8,513.73 $6,900.00 $o.oo $000 PO BOX 15251 ~~~nr~~ne~~ur~u~ur~r~~ Address, email or telephone change? Print change in space WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your email address to ~"'~~~'~"~"~'~"~~'~~rrr~r~r~r~r~r~r~rrrr~~r~r~rrrr~~~r~rr~ receive important Account inFomnation and special offers. 000006011298655016511085137300000000851373 Discover Platinum Card Account Summary Closing Date; Account Number Payment Due Date Minimum Payment Due Credit Limit Credit Available Cosh Credit Limit Cash Credit Available Minimum Payment Duei Account Number 601 1 2986 5501 651 1 $8,513.73 Enter Amount Enclosed Below Payment Due Date $ - ~ ~ ~ c< DUE IMMEDIATELY Consolidate tNlls quickly and securely with a Balance Transfer to your Discover Card - Ca111-877-353-0989 or visit Discovercard.com/balancetransfer TODAYI December 8, 2006 page 1 of 1 Previous Balance $8,513.73 Payments And Credits - 0.00 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 ~ ap~~ Finance Charges + 000 $0.00 t~„'~ New Balance _ $8,513.73 .~.... ~ . Cashback Bonus® O i pen ng Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonuses Anniversary - - - _ _ _ to R~Balance $ 0.00 alable Date: March 8 . $ 0.00 How Can We Help You? Far Account Inquiries, write ro us at F'Isase have your Discover Care) waiabls Discover Platinum Card, PO Box 30943 Manage your account onlirs at Discowrcard.com SOfi Lake City, UT 84130 Customer Service: 1-800-DISCOVER I1-800.347-2683 TDD (Tslscwnmunieotiona Dsvics for fhs Deaf): For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee U Information For You se your Discover Card with confidence. While we are permiNed under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you Fail to pay the minimum payment due by the payment due date. See the DeFauk Rate Plan section of the Cardmember Agreement For details. Finance Charge Summary Averse Dail g Y Daily Periodic Nominal ANNUAL hITAGE C ANNUAL Periodic Transaction Fee Ba a c s Rates RATE S P~ER,~ tJTAGE FINANCE FINANCE current billing period: 30 days ~- CfiARGES GES Purchases Cash Advances SO $0 0.05956% ' 21.74% V 21.74% $0 ~ ---..._.._ ~:~~:-- - - =- -~.. ~ 0.057519 0 20,99% F 20.99% $o none ~o VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins Accounts Mana er (Name) g_.___ of Discover Financial Services LLC., plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 5760127 BRYAN E SMITH 6011298655016511 ~ C~ ~. ~' ~~ ~ `~' Q ` V V `~^ V u~ D a f- c°~ _, •~,. c`. _1 n.a z.' r~ cs U -rt ~i~ ~-- • r. "~ -. ,'t'r ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRYAN E SMITH Defendant No. 07-1438 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05760127 Judgment Amount $ 9513.73 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1438 CIVIL TERM BRYAN E SMITH Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BRYAN E SMITH: above named, in the default of an Answer, in the amount of $9513.73 computed as follows: Amount claimed in Complaint $8513.73 Interest from date of judgment at the legal. interest rate of 6% per annum Attorney's fees $1000.00 TOTAL $9513.73 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. MOLC N, ESQUIRE PA LD.#47437 weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05760127 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 1.521.9 And that the last known address of the Defendant is: 930 S 29TH ST CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1438 CIVIL TERM BRYAN E SMITH Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on _~~. ~/ 1,Z t Z,pO ~ (xx) Assumpsit Judgment in the amount of $9513.73 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: PRO ONOTA BRYAN E SMITH 930 S 29TH ST CAMP HILL,PA 1701.1 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`~ Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE CUURT OF CUNiMON PLEAS CUMBERLAND COUI~'TY, PEN:~SYI"~VA,`VIIj CIVIL DIVISION DISCOVER SP.NK Plaintiff BRYAN E SMITH Defendant (s} Case # ~ ~3~ C;~~~ l T~r~M IMPORTANT NOTICE TO: BRYAI~T E SMITH 9 3 0 S 2 9'~'H ST CAMP HTLL,PA 17011 Dace of NOticr~ : `'l" aS-~~ WWR~ : 0 5 7 6 012: 7 -~-~-- YOU At M. 'IrI Dr FAULT BECAUSE YOU HAVi~ FA-LED TO ENTER A 47P.ITTEPd APP~ARF~'tiTCE PEi?rONI-ILLY OR B`? AT'T'ORNEY AND FJ`LE IN Wx<ITTNG W"_~_TH i'Hi~ " COURT YOUR DErENSES OR OBJECTIONS- TO THE CL_~IMS SE'?` FORTIS AGAINST YOU. UNLESS YOU AC"' WITHIPd TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT M_~Y 3E ENTERED AGAINST YOU WITHOUT A HEARING AI~TD YOU MAY LOSE YOUR PRO?ERTY OR OTHER IMPORTA1tiTT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOLT DO NOT HAVE A LA?~IYER, GO TU OR TELEPHONE THE. FOLLOWING OFFICE SET FORTH BELOW. THIS OF'FTC~; CAN PROVIT~T~- YOU ;4ITH INFOR'vIATION ABOUT HIRING A LAWYER. IF YOU C;~.NNOT AFFORD TO HIRE A LAWYER, THIS OFFICE I~^.AY BE ABLE TO PROVIDE YOU I~-tTIi INFORMATION ABOUT AGEIQCT_ES TN.AT MIRY OFFER LEGAL SEP.ViCES TO EL,iGi:BLE. PERSONS AT A REDUCED FEE OR. NO FEE. LArh'YER RET'ERRnL SERVICE ~ ~ ` CUMEERLAND CG'JNTY BAR P_SSOCIATION 32. SOUTH Br:DF'.~RD STREET CARLISLE, PA 17013 (717} 249-31G~ ~ " BY : ~- ~ ct~ PATRICK THOM_z3S WOODMPST PA I.D. ##34507 WELTMAN, V7EINBERG & REIS CO . , L . P .1~. 2718 KOPPERS BLDG, 4:36 7TH AVE. PITTSBURGH, .PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 07-1438 CIVIL TERM Plaintiff vs. BRYAN E SMITH Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn., according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further 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, BRYAN E SMITH is not in the 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 Defendant, BRYAN E SMITH: is not in the military service. Further Affiant sayeth naught. / / ~ AFFIANT SWORN TO AND SUBSCRIBED in my presence this ~ day of ~-~. COMMONWEALTH QF PENNSYLVANIA NodBirial Seal NO RY PUB WeryneA.Jpnes,NotaryPublic City Of Piltsburph, Allaghdny County My Commission E~ires June 29, 2010 Member, Pennsylvania Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will. be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAY-08-2007 11:22:15 '~. Last Name First/Middle Begin Date Active Duty Status Service/Agency SMITH BRYAN E Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~~ ~-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://w__ww.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/8/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: VMXHYNYDZL https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/8/2007 N ~~ .-... Aar O W ,,, l d ~a. i g F '"'Q r- ~ r", ';~ ~ ~ ° ._.+ .~ Yr• ~,""~ ,„• ,' N :, - ~r L } ~.:-t r f, ~ ~j ~%,' C:~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-01438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SMITH BRYAN E SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH BRYAN E the DEFENDANT at 2052:00 HOURS, on the 26th day of March 2007 at 930 S 29TH STREET CAMP HILL, PA 17011 by handing to DANYLLE FRY, ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.88 Affidavit .00 Surcharge 10.00 3I d,4 ja ~ ( ~ ,/ . 00 ~"`""" 5 4 . 8 8 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/27/2007 WELTMAN WEINBE EIS By: eputy heriff A.D. 1 2010 MAR -2 AM 11 ~ 22 cur~~~lv%s~nyft~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRYAN E SMITH Defendant(s) No. 07-1438 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR#5760127 DIS 5.00 ~~-- 1 ~~ C t~ Asa 37 l R~"a3e~27 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1438 CIVIL TERM BRYAN E SMITH Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W~ PA I.D. # 42 WELTMA 1400 Kopp ~ Esquire G & REIS CO., L.P.A. 436 Seve h venue Pittsbur A 15219 (412) 4 -7999 WWR #5760127 Sworn to and subscribed before me this _ ~~_ day of J nuary, 10 NOTARY PUBLIC i ~,.., ;: ;tits i „ - __. _-