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Home My WebLink About07-1872 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. RUBEN LEMUS Defendant No : vAJ - 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 05814424 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No RUBEN LEMUS 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: RUBEN LEMUS 2470 RITNER HWY CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011298674226281 . 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 20, 2007 , in the amount of $6570.66 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 9 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 , RUBEN LEMUS INDIVIDUALLY , in the amount of $6570.66 with interest at the legal rate of 6.0008- 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 eve th Avenue, Suite 2718 Pit sbur h, PA 15219 (4 ) 4 4-7955 F 41 -338-7130 05 144 4 C A Pit WLG This law firm is a debt collector attpmpt4ng to collect this debt for our client and any information obtai ed )kill be used for that purpose. 24 SDSN6A01 0007989 RUBEN LEMUS 2470 RITNER HWY CARLISLE PA 170 Minimum Payment Due Account Number 6011 2986 7422 6281 $706.00 Enter Amount Enclosed Below Payment Due Date ?? t, ', .:. ,},. •' February 23, 2007 Please make check payable to Discover Platinum Card. You are ovedimit. Pay the sum of the hl mont y minimum payment plus the ovedimit amount of $970.66. Save time and a stamp this month by paying your bill online. To find out about our free and flexible online payment features, visit Discovercard.com/payments Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail add ess to receive important Account information and special offers. PO BOX 15251 111uuu11rrrr111111rr111ur11 WILMINGTON DE 19886-5251 1If till 11r,is 111n1r,11111111111111111 inu111It11111 1111 000006011298674226281065706600000000070600 Discover Platinum Card Account Summary Closing Date: January 24, 2007 I Account Number Payment Due Date Minimum Payment Due Credit Limit Credit Available Cash Credit Limit Cash Credit Available 6011 2986 7422 6281 February 23, 2007 $706.00 $5,600.00 $0.00 $1,400.00 $0.00 4-ILS Cashback Bonus® Previous Balance $6,357.01 Payments And Credits 0,00 Purchases + 78,00 N Cash Advanc + 0.00 Balance Tr :Fars + 0.00 Financ a s + 135.65 Ne glance = $6,570.66 u may be able to avoid Periodic Finance Charges, see the reverse side for details. Opening Cashback Bonus Balance New Cashback Bonus Earned Cashback Bonus Balance $ 35.63 CashbackBonus&Anniversary ------------------------- Availab6to-Redeem -------------- ----- $-------- 0.00------- Date: October 24 How Can We Help You? For Account Inquiries, write to us at. Discover Platinum Card, PO Box 30943 Please have your Discover Card avalable. Salt Lake City, UT 84130 Manage your account online at Discovercard.com MD (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. Trans. Post Date Date Other/Miscellaneous , Jan 24 Jan 24 OVERUMIT FEE Jan 24 Jan 24 LATE FEE Information For You While we ore 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 tc-increasethe APRs on your Account-if-youfail-topay-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. Paw )nt of the amount due and arrangements for future payments should be made immediately. Cut back on mailbox clutter) Sign up for Paperless Statements t*d \ A, ha _y you manage your account. We'll send you an e-mail as soon as your statement is available online. And, A Discovercard.com, you can pay your bill quickly and easily. Sign up at Discovercard.com/ps 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 # 5814424 RUBEN LEMUS 6011298674226281 W i= N r ?w I l f,l J i`i`i i7 9(" SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01872 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS LEMUS RUBEN 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 LEMUS RUBEN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , LEMUS RUBEN 2470 RITNER HIGHWAY NOT FOUND , as to CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT AND FOR SALE. Sheriff's Costs: Docketing 18.00 Service 5.76 Not Found 5.00 Surcharge 10.00 .00 /v°zjo7 4-+ 38.76 So answers: R. Thomas` Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 04/20/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BAN Plaintiff VS. RUBEN LEMUS Defendant No. 07-1872 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05814424 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER Plaintiff vs. ? Civil Action No. 07-1872 CIVIL TERM RUBEN LEMUS Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molcz squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05814424 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER B K Plaint ff vs. RUBEN LEMUS No: COMPLAINT IN CIVIL ACTION Defend nt 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 05814424 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER B K Plaint'ff vs. RUBEN LEMUS Defendant You ha claims set twenty (20) a written a with the co against you proceed wit court witho for any oth money or pr Civil Action No COMPLAINT AND NOTICE TO DEFEND re been sued in court. If you wish to defend against the forth in the following pages, you must take action within days after this complaint and notice are served, by entering ?pearance personally or by an attorney and filing in writing zrt your defenses or objections to the claims set forth You are warned that if you fail to do so the case may out you and a judgment may be entered against you by the t further notice for any money claimed in the complaint or r claim or relief requested by the plaintiff. You may lose perty 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 OU 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 ALB Y , OH 43054 . 2. Defenda t is adult individual(s) residing at the address listed below: RUBEN LEMUS 2470 RITNER HWY CARLISLE, P 17015 3. Defend nt applied for and received a credit card issued by Plaintiff b aring the account number 6011298674226281 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and mad a part hereof. 4. Defend due and ow $6570.66 . 5. Def t made use of said credit card and currently has a balance g to Plaintiff, as of March 20, 2007 , in the amount of t is in default by failing to make payments when due. 6. Plainti f avers that the Agreement between the parties provides that Defend nt will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 I 8. Altho willfully Where against Def $6570.66 wi of judgment repeatedly requested ;, do so by Plaintiff, Defendant has led and/or refused to pay the balance due to Plaintiff. )re, the Plaintiff prays for Judgment in its favor and :ndant , RUBEN LEMUS INDIVIDUALLY , in the amount of :h interest at the legal rate of 6.000% per annum from date plus attorneys' fees of $1000.00 , and costs. i This law fi our client James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbur h, PA 15219 (4 ) 4 4-7955 F 41 -338-7130 05 144 4 C A Pit WLG is a debt collector att mp ng to collect this debt for any information obtai ed ill be used for that purpose. Law Offices of Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 March 20, 2007 RE: DISCOVER BANK vs. RUBEN LEMUS COURT #: TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE SERVE THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES): RUBEN LEMUS 2470 RITNER HWY CARLISLE, P 17015 Please confirm service by sending notice to: WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05814424 C A Pit WLG New Balance ER $6,570.66 D 24 SDSNSA01 0007989 RUBEN LEMUS 2470 RITNER HWY CARLISLE PA 17015-9378 Minimum Payment Due I Account Number 6011 2986 7422 6281 $706.00 Enter Amount Enclosed Below Payment Due Date February 23, 2007 Please make check payable to Discover Platinum Card. You are ovedimit. Pay the sum of the hl mont y minimum payment plus the overlimit s f 7 amour $9 0.66. o J Save time and a stamp this month by paying your bill online. To find out about our free and flexible online payment features, visit Discovercard.com/payments 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. PO BOX 15251 Illrrrllrrrrrlrlrlrrlrlrrll WILMINGTON DE 19886-5251 Irr?lllrlr?lrrlrlr?lrrllrrrlrlrr?lrl?l?lrrrrllrlrlrr,rlllrlrrl 000006011298674226281065706600000000070600 Discover Platinum Card Account Summary Closing Date: January 24, 2007 page 1 of 2 count Number 6011 2986 7422 6281 Previous Balance $6,357.01 ayment Due Date February 23, 2007 Payments And Credits 0.00 inimum Payment Due $706.00 Purchases redit limit $5 600 00 C h Ad + 78.00 , . as vanc + 0.00 relit Available $0.00 ` ash Credit Limit $1,400.00 Balance Tr s6 Fir a rges + + 0.00 135.65 sh Credit Available $0 00 N l . e ance $6,570.66 u may be able to avoid Periodic Finance Charges, see the reverse side for details. ashback Bonus® Opening Cashback Bonus Balance $ 35.63 New Cashbock Bonus Earned + 0.00 Cashbock Bonus Balance $ 35.63 shbackBonus&Annivema --------------------- ---- AvalablatoRedeem .............. .... . $--- ----- 0.00------- e: October 24 ow Can We Help You? For Account inquiries, write to us at. se have your Discover Card avaiable. Discover Platinum Card, PO Box 30943 Salt Lake City, UT 84130 anage your account online at Diseovercard corn MD (Telecommunications Device for the DoA: :tamer Service: 1-800-DISCOVER (1-800.347-2683 For assistance, see reverse side. ransactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post /Miscellaneous , Jan 24 Jan 24 OVERUMIT FEE $ 39.00 Jan 24 Jan 24 LATE FEE 39.00 I formation For You ile we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment w s late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on chases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of p hoses and balance-transfers. - However, we reserve the-right to-increase the APRs on your Account ifyou -fait to-pay-the mi imum payment due by the payment due date. Seethe Default Rate Plan section of the Cardmember Agreement for * * * ATTENTION * * * Your account is seriously past due. Pam nt of the amount due and arrangements for future pa ents should be made immediately. C back on mailbox clutterl Sign up for Paperless Statements us- w?- v ! e v- y you manage your account. We'll send yo an e-mail as soon as your statement is available online. And; ?, re Discovercard.com, you can pay your bill qu' kiy and easily. Sign up at Discovercard.com/ps `. VERIFICATION The does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsificat'ons to authorities, that he is Robert Adkins, (Name) Accounts ana er 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 true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 5814424 RUBEN LEMUS 601129867422628 tF- 04 901 C() SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01872 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS LEMUS RUBEN 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 LEMUS RUBEN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 2470 RITNER HIGHWAY CARLISLE, PA 17013 LEMUS RUBEN NOT FOUND , as to DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. HIS ADDRESS IS 22 FARRELL ST NEWBURGH. NY 12550. Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 Postage 58 y/J 3 8 * 5 8 So answers:?? R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 04/18/2008 Sworn and Subscribed to before me this day of A. D. Ir' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RUBEN LEMUS Defendant No. 07-1872 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#5814424 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-1872 CIVIL TERM RUBEN LEMUS 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: James C. W PA 1. D. #42 2? 1400 Kop rs 436 Sev th A Pittsbur h, PA (412) 4-79,5'1 SWORN TO AND SUBSCRIBED before me this day of 2QD.&, NOTARY Pl7BLIC rodt, Esquire jilding nue 5219 COMMCNVVER . ^: PE'WSVLV.AN'A^ No!a. i ,,! Seal _ Wendy L. G,,. th, No:ary ?ublic City Of Pittz!)uryh, Ai:, ' zeny County My Commission r: +r' , ±uI F? 1 Ei, 2010 Member, Pennsyly nru ;, _,; ;atian ?Ar Notaries j7•r >.?. ? ?i f r) + j S 5 tY (? ? 1 r