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Home My WebLink About07-3698 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LOIS ANN EASTERLY Defendant 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 05948036 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No LOIS ANN EASTERLY 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: LOIS ANN EASTERLY 408 HILLSIDE RD NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002721373298 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 May 24, 2007 in the amount of $7649.87 . 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 LOIS ANN EASTERLY ,INDIVIDUALLY in the amount of $7649.87 with interest at the legal rate of 6.OOOo per annum from date of judgment plus attorneys' fees of $1000.00 and costs. Jam C. Warmbrodt,42524 WE WEINBERG & REIS CO., L.P.A. 43 S venth Avenue, Suite 2718 P'tts urgh, PA 15219 12) 434-7955 AX: 412-338-7130 059 8036 C A Pit WLG This law firm is a debt collector~mpting to collect this debt for our client and any information ob ned will be used for that purpose. New Balance DISCOVER $7,69.87 22 SDSN6A01 0008200 LOIS EASTERLY 408 HILLSIDE RD NEW CUMBERLND PA 17070-1862 Reduce clutter and view your statement as soon as it's available. Sign up for Paperless Statements today! Visit Discovercard.com/gopaperless PO BOX 15251 Ill~~~ll~~~~rlrlr~l~l~ll~il WILMINGTON DE 19886-5251 I~~~Ill~l~~l~rl~l~~l~~ll~~~l~l~~~l~l~l~l~~~~ll~l~l~~~~lll~l~~l Minimum Payment Due Account Number 6011 0027 2137 3298 $7,69.87 Enter Amount Enclosed Below Payment Due Date $ , "~ L;~ ~,~ '`~ April 21, 2007 please make check payable to Discover Platinum Card. Minimum payment due includes a past due amount of $1,429.00. Address, e-mail or telephone change$ Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 000006011002721373298076498700000000764987 Discover Platinum Card Account Summary . Closing Date: March 22, 2007 page 1 of 1 'Account Number 6011 0027 2137 3298 Previous Balance 57,649.87 Payment Due Date April 21, 2007 Payments And Credits - 0.00 Minimum Payment Due $7,649.87 Purchases + 0.00 Credit Limit $7,300.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Firancs (]}verges + 0.00 Cash Credit Available 50.00 New Balance $7,649.87 :Cashback Bonus® opening cashback Banus Balance $ O.oo New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 AvQil~ktoRedeesn-_- _ -----_ ___-- $ _-.-. _.0.04 -Gashback Bonus~Anniversary - - - - - - - - - - - - - - - - 'Date: January 22 How Con We Help You? Far Account tnyu~i.:, wra° ~ °, at. Discover Pkrtinum Card, PO Box 30943 Please haw your Discover Card avaiabls. ~ Sak Lake City, UT 84130 Manage your «count online at Discowrcard.com TDD (TeFscomm~miications Device l'or tla Dwfl: Customer Service: 1-800•DISCOVER (1-800-347-2683) For assistance, see remorse 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 haw terminated, however, any introductory or promotional rate on purchases and any special balance transfer rote, 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 data. See the Defauk Rate Plan section of the Cardmember Agreement for details. 'Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FRVANCE FRdANCE Bakances Rates RATES RATES CHARGES CHARGES current billing period: 28 days Purchases $0 0.04107% 14.99% F 14.99% $0 none ,Cash Advances $0 0.062999'0 22.99% F 22.99% $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. (Signature) WWR # 5948036 LOIS ANN EASTERLY 6011002721373298 A.~ ~ `~ ~, ~ a '~ a J ~w ,~ ~- ~/`~ <-_ r .1 ra :;.~ ':T ~..~ n (^~} `G i ~.+~ -~i-~i ~;~ r, ~,;r ~_; ?f~- 3I it --i -~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS EASTERLY LOIS ANN MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EASTERLY LOIS ANN the DEFENDANT at 1716:00 HOURS, on the 22nd day of June 2007 at 408 HILLSIDE ROAD NEW CUMBELAND, PA 17070 by handing to LOIS ANN EASTERLY 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 16.32 Affidavit .00 Surcharge 10.00 .00 6 9 Jbq~b~ ~^ 44.32 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/25/2007 ^,,/ WELTMAN WEINBERG REIS ~ ,~' , By: , Deputy her A.D. IN THE COURT OF t:OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION D[SCOVER BANK Plaintiff vs. LOIS ANN EASTERLY Defendant No. 07-3698-CIVIL TERM PRAECIPE FOR. DEFAULT JUDGMENT FILED ON I3EHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt Paid# 42524 Weltrnan, Weinberg & Reis Co. 271.8 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 W WRI~05948036 Judgment Amount $ 8649.87 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 D[SCOVER BANK Plaintiff vs. Civil Action No. 07-3698-CIVIL TERM LOTS ANN EASTERLY Defendant PRAGC[PE FOR DEFAULT JUDGMENT TO "THE PROTHONOTARY: Kindly enter Judgment against the Defendant, LOIS ANN EASTERLY above named, in the default of an Answer, in the amount of $8649.87 computed as follows: Amount claimed. in Complaint $7649.87 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1.000.00 'TOTAL $ 8649.8 7 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. WEL"I~MAN, WEINBERG & REIS CO., L.P.A. By~ ____.. v _..-. James C. W n rodt! Paid# 42 24 Weitman Wein erg & Reis Co. 2718 K ppers ldg 436 vent Avenue Pitt urgh PA 1.521.9 (41 434 955 W W Rt#05948036 Piaintift's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 I{oppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 408 HILLSIDE RD NEW CUMBERLND,PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK `-~ ~ ~~' ~-t Plaintiff Case # ~~~'~~` ~~ ~~(~ I LOTS ANN EASTERLY Defendant(s) IMPORTANT NOTICE TO: LOIS ANN EASTERLY 408 HILLSIDE RD NEW CUMBERLND , A p 17 0 7 0 /' Date of Notice : , ~ A ~~ ~ ~ ~ ~ ~~( 1~~ WWR#: 05948036 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 ._..--- ~', C PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVI[, DIVISION DISCOVER BANK Plaintiff VS. LOIS ANN EASTERLY Defendant. Case no: 07-3698-CIVIL TERM 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, LOTS ANN EASTERLY is not iii 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, LOTS ANN EASTERLY is not in the military service. Further Affiant sayeth naught. SW of NOTARY P[JBLIC ED in my presence .'1 ~.;a~ ;t. _u~ar,t~, _,. stun E%;' ~ , __. 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 AUG-06-2007 09: ~ 1:47 Last Name First/Middle Begin Date Active Duty Status Service/Agency EASTERLY LOIS ANN 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. §§ 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;///www defenselin_k mil/faq/pis/PC09SLI~I2.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.pre_Select 8/6/2007 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: Bn'ASMXDDAMW https://www.dmdc.osd.miUscra/owa/scra.prc_Select 8/6/2007 ~..~ r-~ .-, -_ : . C ~ ~'t L~ `'Y '~ f _~ -.r +:! - ~ .~ ---~ i ~ _ -fit r,,,} ::J `+[. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3698-C1ViL TERM LO1S ANN EASTERLY Defendant NOTICE OF JUDGMENT OR ORDER T0: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $8649.87 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) T;ntry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHONOTARY (OR DF,PUTY) LOIS ANN EASTERLY 408 HILLSIDE RD NEW CUMBERLND,PA ] 7070 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