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Home My WebLink About07-16011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff j 7S. THEODORE P WITMER Defendant No: 07 a.61 COMPLAINT IN CIVIL ACTION 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 05699286 C A Pit WLG I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. THEODORE P WITMER Civil Action No Defendant CO PLAINT AND NOTICE TO DEFEND You have been sue in court. If you wish to defend against the claims set forth in th following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance p rsonally or by an attorney and filing in writing with the court your de enses or objections to the claims set forth against you. You are arned that if you fail to do so the case may proceed without you an, 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, s a corporation with offices at 6500 NEW ALBANY ROAD i NEW ALBANY OH 43054 i 2. Defendant is adult individual(s) residing at the address listed below: THEODORE P WITMER 617 COLONIAL VIEW RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002630298370 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part heYr'eof. 4. Defendant made use of said credit card and currently has a balance i due and owing to Plaintiff, as of February 02, 2007 , in the amount of $3626.95 . 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 $500.00 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 , THEODORE P WITMER INDIVIDUALLY , in the amount of $3626.95 with interest at the legal rate of 6.0001; per annum from date of judgment plu? attorneys' fees of $500.00 , and costs. i James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 34-7955 F 4 2-338-7130 0 699 86 C A Pit WLG This law firm is a debt collector-:t e4ting to collect this debt for our client and any information obn will be used for that purpose. DISCOVER New Balance Minimum Payment Due; $3,626.95 I $3,626.95 J CORD' Payment Due Date December 21, 2006 22 SDSN6A01 0005484 W v/ ?U THEODORE WITMER ?f{ fff 617 COLONIAL VIEW RD MECHANICSBURG PA 17055-5868 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Account Number 601 1 0026 3029 8370 Enter Amount Enclosed Below Please make check payable to Discover Platinum Card. Minimum payment due includes a past due amount of $763.00. Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit Discovercard.com/balancetransfer TODAYI PO BOX 15251 WILMINGTON DE 19886-5251 1u111111n11111if I II I III uIIII I IIIIIif 1uu11111111n11111u1 000006011002630298370036269500000000362695 Discover Platinum Card Account Summary Closing Date: November 22, 2006 page 1 of 1 Account Number 6011 0026 3029 8370 Previous Balance $3 626 95 Payment Due Date December 21, 2006 Payments And Credits , . 0 00 Minimum Payment Due $3,626.95 Purchases . + 0 00 Credit Limit $5,100.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 ;Cash Credit limit $0.00 Finance Char s . + 0 00 ,Cash Credit Available $0.00 EXHIB ffew Balance . - $3,626.95 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0,00 Cashback $onus® *nniversary - - - - - - - - - - - - - - - - - - - - - Available-to- Redeem. - - _ - - - - - - - - - - - - - - - -$ - - - - - - 0,04 Date: September 22 How Can We Help You? For Account Inquiries, write to us at Please have your Discover Card ovalabk. Discover Platinum Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaf): Customer Service: 1-800-DISCOVER (1-800-347-2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted 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 Default Rate Plan section of the Cardmember Agreement for details. ----------- ----------- -------------- ------------ -------- Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.06641 % 24.24% V 24.24% $0 none Cash Advances $0 0.05477`Yo 19.99% F 19.99% $0 $0 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 (Name) Accounts Manager 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. Jaw- ?'? (Signature) WWR # 5699286 THEODORE P WITMER 6011002630298370 x? D. Y V n ?Op r C a n IT, (7D N rIO W cal K 1 V O 13 ?+ W TY O} V03 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01601 P CC'..MMONTWEALTH OF PENNSYLVANIA e COUNTY OF CUMBERLAND DISCOVER BANK VS WITMER THEODORE P 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 WITMER THEODORE P but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 617 COLONIAL VIEW ROAD MECHANICSBURG, PA 17055 NOT FOUND , as to WITMER THEODORE P GIVEN ADDRESS IS VACANT. FORWARDING ADDRESS IS PO BOX 162 NEW HOLLAND, PA 17557. Sheriff's Costs: So answers: Docketing 18.00 Service 9.60 Npt Found 5.00 R. Thoma -ine Surcharge 10.00 Sheriff of Cumberland County .00 42.60 WELTMAN WEINBERG REIS (?. 03/29/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. I' THEODORE P WITMER Defendant No: 67 - /t0? COMPLAINT IN CIVIL ACTION 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 05699286 C A Pit WLG TRUE COP'S FROM RO 4 #, at Big" A.Al 44 IN THE COURT OF COMMON PLEAS OF CUMBEit:- 7'-14D COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. THEODORE P WITMER Defendant Civil Action No COMPLAINT AND NOTICE TO DEFEND You have been sue 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 arned 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 P COMPLAINT 1. Plaintiff, s 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: THEODORE P WITMER 617 COLONIAL VIEW RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002630298370 . 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 Plain iff, as of February 02, 2007 , in the amount of $3626.95 . 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 $500.00 . 8. Alt',ough 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 , THEODORE P WITMER INDIVIDUALLY , in the amount of $3626.95 with interest at the legal rate of 6.000% per annum from date of judgment plu attorneys, fees of $500.00 and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 34-7955 F 4 2-338-7130 0 699 86 C A Pit WLG This law firm is a debt collector. aem ting to collect this debt for our client and any information oba n will be used for that purpose. New Balance Minimum Payment Due DISCOVER $3,626.95 $3,626.95 CARD' Payment Due Date December 21, 2006 22 SDSN6A01 0005484 6 ! n ? ? 2- THEODORE WITMER IIISSS?( 617 COLONIAL VIEW RD MECHANICSBURG PA 17055-5868 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Account Number 6011 0026 3029 8370 Enter Amount Enclosed Below Please make check payable to Discover Platinum Card. Minimum payment due includes a past due amount of $763.00. Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit Discovercard.com/balancetransfer TODAY! PO BOX 15251 II1rr?Ilrr?r?IJrrIrlrlLrl WILMINGTON DE 19886-5251 1?rrlilrlr?l?rlrlr?l?rllr??i?i???l?l?lrl??r?ll?l?l?r??lll?l??l 000006011002630298370036269500000000362695 Discover Platinum Card Account Summary Closing Date: November 22, 2006 page 1 of 1 Account Number 6011 0026 3029 8370 Previous Balance $3,626.95 ;Payment Due Date December 21, 2006 Payments And Credits 0.00 Minimum Payment Due $3,626.95 Purchases + 0.00 Credit Limit $5,100.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 ;Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 B WW Balance = $3,626.95 Cashback Bonus® Opening Cashback Bonus Balance $ 0•00 New Cashback Bonus Earned + 0.00 =Eoshbock $amrs® Amiliverttiry - - - Cashback Bonus Balance $ 0.00 - - Available-to, Redeem- - - - - - - - - - - - - - - - - $ - - - - - - 0,04 Date: September 22 How Can We Help You? Please have your Discover Card avaRable. For Account Inquiries, write to us at: Discover Platinum Card, PO Box 309,43 Salt Lake City, UT 84130 Manage your account online at Discovercard corn Customer Service: 1-800-DISCOVER (1-800-347-2683) TDD [relecommunications Device for the Deaf}: For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted 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 Default Rate Plan section of the Cardmember Agreement for details. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.06641 % 24.24% V 24.24% $0 none Cash Advances $0 0.05477% 19.99% F 19.99% $0 $0 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he is _ Robert Adkins, (Name) Accounts Manager 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 # 5699286 THEODORE P WITMER 6011002630298370 fee. i Z :E L C G 4 v'; t;SuL t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THEODORE P WITMER Defendant No. 07-1601-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I. D. #47437 V\/ELTMAN, WEINBERG & REIS CC., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05699286 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1601-CIVIL TERM THEODORE P WITMER Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ' Attorney .or Plai 27" 8 Koppers B ding 43(3 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05699286 SWORN TO AND SUBSCRIBED before me this a3 day of , 2007 / - A??_ ?OTAR COMMONWEAL T.1 OF PENNSYLVANIA Notarial Sea! sion c?xpii, Sylvania Ass, C- , `} rn y r- r_- tV