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HomeMy WebLinkAbout07-2267 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: C7'`l - ~a(.~ C'lv~C.~~-~ vs. COMPLAINT IN CIVIL ACTION KIMBERLY SUZAN SHAPIRO 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 05814464 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No KIMBERLY SUZAN SHAPIRO 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: KIMBERLY SUZAN SHAPIRO 1312 MALLARD RD APT D CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011298821386061 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 28, 2007 in the amount of $1393.18 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 $100.00 . 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 KIMBERLY SUZAN SHAPIRO ,INDIVIDUALLY in the amount of $1393.18 with interest at the legal rate of 6.OOOo per annum from date of judgment plus attorneys' fees of $100.00 and costs. James C. Warmbrodt,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 2718 Pittsb rgh, PA 15219 (412) 34- 955 FAX: 12- 8-7130 0581 464 A Pit WLG This law firm is a debt collector attem~ti g to collect this debt for our client and any information obtaine 11 be used for that purpose. New Balance DISC'VER $1,3.18 - CARD 20 SDSN6A010008029 KIMBERLY SHAPIRO 1312 MALLARD RD APT D CAMP HILL PA 17011-1225 Minimum Payment Due Account Number 60112:988 2138 6061 $12b.00 ~ Enter Amount Enclosed Belo~N ~;'r` ; • Payment Due Date , ., _ . $ ,~ , ~~ ~' .r..:~`~' .~M,r ~~~ ~ ~~~ febrvary 19, 2007 p~~ make check payable to Discover Platinum Card. Minimum payment due includes a past due f amount o $93.00. ~ Save time and a stamp this month by paying ~ 0 your bill online. To find out about our free and flexible li f i on ne payment eatures, v sit Discovercard.com/payments 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 ~~~r~r~~r~~~r~r~~~~~~~~~~r~ WILMINGTON DE 19886-5251 ~ur~~~r~u~u~r~u~n~~nr~r~ur~r~r~r~rnr~~r~r~un~~~r~n~ 000006011298821386061014431800021000012600 Discover Platinum Card Account Summary Closing Date: January 20, 2007 page 1 of 2 Account Number Payment Due Date Minimum Payment Due Credit limit Credit Available Cash Credit limit Cash Credit Available 601 1 2988 2138 6061 February 19, 2007 $126.00 $2,000.00 $0.00 $1,000.00 $0.00 Previous Balance $1,396.35 Payments And Credits _ 21.00 Purchases + 39.00 Cash Advances + 0.00 Balance Transfers + 0.00 finance Charges + 28.83 New Balance = $1,443.18 You may be able to avoid Periodic Finance Charges, see the reverse side for details. ~Cashback Bonus® Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Goshback-Bonns~Anniversa -•------A1rS1iI~~tO~Ce[0-------------.....---$--------O.Q~___..---- ry-----------•-•-- Date: December 20 How Can We Help You? For acceurM Inquiries, writs to us m: Discover Platinum Card, PO Box 30943 Please have your Discover Card avaiabls. Sah lake City, UT 84130 Manage your account onli~s at Discovsrcard.com TDD (Tolecommunications Devito for the DsaFi: 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. Tams. Post Dafo Dab Payments and Credits Jan 6 Jan 6 PAYMENT -THANK YOU $ -21.00 Oder/MisceNansous tan 20 Jan 20 LATE FEE 39.00 Information For You While we are permitted under the Cardmember Agreemerrt ro increase the APRs on yo~ur~ use your payment ,was tote, we have chosen not to do so at this time. We have terminated, hovnn~~,c~i~~~~~ promotional rate on :purchases and any special balance transfer rate, and applied the standard APR ``3s r outstanding balance of purchases and 6afance tansfers. However, we reserve the ~ighf to increase the APRs on yo ~ Account iF-you7oil to pay the 'minimum payment due by the payment due date. See the Default Rate Plan section of the C~dmember Agreem ~r details. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for Future payments should be made immediately. Cut back on mailbox clutter) Sign up For Paperless Statements and simplify the way you manage your account. We'll send you an e-mail as soon as your statement is available online. And, while you're aF 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 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. ~~ (Signature) WWR # 5814464 KIMBERLY SUZAN SHAPIRO 6011298821386061 ~, "~ "'0 '~ `` ~"~ C7 0 ca ~~~ ~ ... _ ~' ~== -~ ` r-. r - .:: c ~_ tc~ ~J '~ ~~~ ~ _ ~ -ri ~~ .z- a © ~ t~.~ C~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02267 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK SHAPIRO KIMBERrLY SUZAN MICHAEL BARRIC Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with'n COMPLAINT & NOTICE was served upon nrrr nTnn TJTArtDL'~D V CTT7ATT the DEFENDANT at 1905:00 HOURS, on the 24th day of April 2007 at 1312 MALLAR ROAD APT D CAMP HILL, PA 7011 by handing to KIMBERLY SHAPI O a true and att sted copy of COMPLAINT & NOTICE together with and at the sam~ time directing Her attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge y~~y~o ~ c So Answers: 18.0 0 ;~' ,.+~:~'"~ 14 .4 0 -~ ,~er~ .00 10.00 R. Thomas Kline .00 42.40 04/26/20^~ WELTMAN Sworn and Subs ibed to By: before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KIMBERLY SUZAN SHAPIRO Defendant No. 07-2267-CIV I L PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Ca., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05814464 Judgment Amount $ 1493.18 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 C[VIL DIVISION DISCOVER BANK Plaintiff vs. KIMBERLY SUZAN SHAPIRO Defendant TO THE PROTHONOTARY: Civil Action No. 07-2267-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, KIMBERLY SUZAN SHAPIRO above named, in the default of an Answer, in the amount of $1.493.18 computed as follows: Amount claimed in Complaint $1393.18 Interest from date of judgment at the legal. interest rate of 6% per annum Attorney's fees $100.00 TOTAL $1493.18 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. ,. By: WILLIAM T. MOLCZAN, QUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#05814464 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 1.5219 And that the last known address of the Defendant is: 1312 MALLARD RD APT D CAMP HILL,PA 17011 ss> -N~ 'F 00 s J ~ W y Lv "j0 t ~ s' g, v~ .:c. g "0 Y _.t, ---' ..a ~~', C'"~ _,-~ rte, r .....3 -, ~~ i y_j ~.. - -~ ,_ _ _..s~ y 111 :_~~$ a ~ y.~ _-. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-2267-CIVIL KIMBERLY SUZAN SHAPIRO 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 o7 (xx) Assumpsit Judgment in the amount of $1493.18 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license andlor 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: ARY (OR KIMBERLY SUZAN SHAPIRO 1312 MALLARD RD APT D CAMP HILL,PA 1.7011 Plaintiffls address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`t' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff KIMBERLY SUZAN SHAPIRO Defendant(s) IMPORTANT NOTICE TO: KIMBERLY SUZAN SHAPIRO 1312 MALLARD RD APT D CAMP HILL,PA 17011 Date of Notice: ~' WWR#: 05814464 Case # ~~1 ~ d~a(a 1- C~l~i L YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 _1--- .r- BY : ~Ca ~~- ~~~~t~ L~C.~G3v~'L2~~--- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 271$ KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KIMBERLY SUZAN SHAPIRO Defendant Case no: 07-2267-CIVIL 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, KIMBERLY SUZAN SHAPIRO 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, KIMBERLY SUZAN SHAPIRO is not in the military service. Further Affiant sayeth naught. / ~ l/V ~ ~- AFFIANT SWORN TO AND SUBSCRIBED in my presence this 5" day OF P~i~f~',!~' .~~ \~ _. r ~ _ __..__. 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. ~~ ~ -rt - c_ `- -•; tT ~ } `... ..F_. ....~. > ++`. i .~ f-r~ ~ -~;,~ W -~,.,-- Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-04-2007 06:41:27 Last Name First/Middle Begin Date Active Duty Status Service/Agency SHAPIRO KIMBERLY 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: htt~//www defenselink mil/fac~/pis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided hops:!/www.dmdc.osd.millscra/owa/scra.prc_Select 6/4/2007 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:BVRJKPQPRMO https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/4/2007