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Home My WebLink About07-16021 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PErRdSYLV -INIL A CIVIL DIVISION DISCOVER BANK Plaintiff VS. EDWARD A ABREU Defendant No : a 6 - 1 ?a CJI C? (,??.y? l 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 05758913 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No EDWARD A ABREU 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: EDWARD A ABREU 24 S FRONT ST # 2 LEMOYNE, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002980280671 . 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 February 27, 2007 , in the amount of $7137.34 . 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 i 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 , EDWARD A ABREU INDIVIDUALLY , in the amount of $7137.34 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. This law firm is a debt collector at our client and any information obtai, t,42524 James C. rAen WELT & REIS CO., L.P.A. 436 evee, Suite 2718 Pit bur 5219 ( 41 ) 43 FAV: 41A-338-7130 0)58 3 C A Pit WLG ting to collect this debt for will be used for that purpose. DISCOVER $7New Bal ,137.34ce CARD 19 SDSN6A01 0010348 EDWARD ABREU 24 S FRONT ST # 2 LEMOYNE PA 17043-1332 Minimum Payment Due I? Account Number 6011 0029 8028 0671 $788.00 J Enter Amount Enclosed Below Payment Due Date $ ` rs January 18, 2007 ? `"? ? Please make check a Cad Minimum p m ntldue includesr a Ipast due amount of $605.00. Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit Discovercard.com/balancetransfer TODAYI Address, e-mail or telephone change8 Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. PO BOX 15251 WILMINGTON DE 19886-5251 1n111L1uLJn1u1n11rr1life 111111r1r,u 000006011002980280671071373400000000078800 Discover Platinum Card Account Summary cl - Account Number 6011 0029 8028 0671 astng Date: December 19, 2006 page l of 2 Payment Due Date January 18, 2007 Previous Balance Payments And Credits $6,931.29 Minimum Payment Due $788.00 Purchases 0.00 Credit Limit $11,000.00 Cash Advances + 39.00 Credit Available $3,862.00 Balance Transfers + 0.00 Cash Credit Limit $5,600.00 Finance Charges + 0.00 Cash Credit Available $3,86 New Balance + 167 OS ]EXHIBIT = $7,137.34 You may be able to avoid Periodic Finance Ch arges see the A reverse side for details. , ® Cashback Bonus e i O C hb k n p ng as ac Bonus Balance $ 24 08 New Cashback Bonus Earned + . 0.00 Cashback-Bonus® Anniversary - - - - - - - - - - - - -. - - - - - - - - - - - Cashback Bonus Balance AV4ilabls Redeem to 2 Date: January 19 _ - , - - - -- _ - - 0.00 How Can We Help You? For Account Inquiries, write to us at Please have your Discover Card avaiabk Discover Platinum Card, PO Box 30943 . Manage your account online at Discovercard com Salt Lake City, UT 84130 . Customer Service: 1-800-DISCOVER (1-800-347-2683) MD (Telecommunications Device for the Deaf): For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use our Di C d Trans. y scover ar with confidence. Date Other/MisceNaneous Dec 19 Dec 19 LATE FEE $ 39.00 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 foil to pay the --minimum payment due by-the payment due date.- See the Default-Rate Plan section of the Cardmember Agreement for - details. - * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. 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 Manager of Discover Financial Servicesame) 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 # 5758913 EDWARD A ABREU 6011002980280671 1 r^? O Q ..:?' (7- t 4 N xa. N/ CA) rv r-n q 5M F?n 4 rn G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. EDWARD A ABREU Defendant No.: 07-1602 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler Paid# 93598 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05758913 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. EDWARD A ABREU Defendant Civil Action No.: 07-1602 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, EDWARD A ABREU, in the amount of $8137.34 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By Attorne r laintiff EDWARD A ABREU, By: 4!u'4-?j A ?" Defendan WWR#05758913 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 07-1602 CIVIL TERM EDWARD A ABREU Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, EDWARD A ABREU, above-named, in the amount of $81.37.34 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $7137.34 with continuing interest thereon at a rate of 6.00% per annum from APRIL 16, 2007, plus attorneys' fees in the amount of $1000.00 and costs. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, EDWARD A ABREU, in the amount of $7137.34 plus continuing interest thereon at the rate of 6.00% per annum from APRIL 16, 2007, phis attorneys' fees in the amount of $1000.00 and costs. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $300.00 due by 05/10/07; (b) no less than $300.00 per month due on the 10TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. If 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintift's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. ?/ 9. Intending to be legally bound, the parties set their hands and seals thi4 day of 20? WELTMAN, WEINBERG & REIS CO., L.P.A. By: Be jami ble Paid# 9359 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05758913 By: A- Defen4ant, E ARD A ABREU r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 07-1602 CIVIL TERM EDWARD A ABREU Defendant EDWARD A ABREU 24 S FRONT ST # 2 LEMOYNE,PA 17043 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 ??'??t 2pG? (xx) Assumpsit judgment in the amount of $8137.34 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary By: ' PR H NOTARY( WELTMAN WEINBERG & REIS CO L P A BURLINGTON, NJ , ., . . . 609.914.0437 ATTORNEYS AT LAW CHICAGO, IL 2718 Koppers Building 847.940.9812 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 CINCINNATI, OH 412.434.7955 513.723.2200 www.weltman.com CLEVELAND, OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 OF INNOVATION PHILADELPHIA, PA GROWTH + RESULTS 215.599.1500 April 16, 2007 EDWARD A ABREU; 24 S FRONT ST # 2 LEMOYNE,PA 17043 Re: DISCOVER BANK vs. EDWARD A ABREU Case No.: 07-1602 CIVIL TERM Our File No. 05758913 Dear EDWARD A ABREU: There is enclosed a Stipulation of the Parties for Settlement and for the Entry of Judgment by Consent. You should see that the enclosed Stipulation is signed and returned to our office in the enclosed self-addressed, stamped envelope along with your first payment, on or before 05/10/07. Upon receipt of the signed Stipulation and your first payment, I will sign the Stipulation and forward it to the Court for filing. Should you have any questions or comments, please feel free to contact me. Thank you for your cooperation in this matter. Very truly yours, B JAMIN R BI LER, ESQUIRE BR, cx t f? E` sures THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. tv Nt e 1.0 rn S-4 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS ABREU EDWARD A SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ABREU EDWARD A the DEFENDANT at 1823:00 HOURS, on the 28th day of March at 24 S FRONT STREET ##2 WORMLEYSBURG, PA 17043 by handing to KELLY KERSTETTER, GIRLFRIEND, ADULT IN CHARGE 2007 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 15.36 Affidavit .00 Surcharge 10.00 .00 ylb q1 o ,/43.36 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 03/29/2007 WELTMAN WEINBERG REIS By:-/) Deputy rf , A. D. ,t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. EDWARD A ABREU Defendant No. 07-1602 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) 434-7955 WWR#5758913 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1602 CIVIL TERM EDWARD A ABREU Defendant 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. rmbrodt, Esquire PA. I. D.#45N WELTM EINBERG & REIS CO., L.P.A. 1400 K p s Building 436 S e Avenue Pittsb rg , PA 15219 (412) 4 4-7955 WWR #5758913 Sworn to and subscribed before me this oZ.00' day of AUG COMMONWEALTH OF PENNSYLVANIA N OTA PUBLIC Notarial Seal City L. Gault, Notary Public ny Of Pittsburgh Afle hen C , g y ounty MY Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries C-7 c a ri A rYl fl d S? 00 Q ?^ 03 t k