The URL can be used to link to this page

Home My WebLink About07-3699w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MONTY WETCH Defendant No: ~7 - 3~Q`~ 1. iC~~~,~ ~~ 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 05877270 C A Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MONTY WETCH 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 w 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: MONTY WETCH 808 HAMILTON ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002120373063 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 31, 2007 in the amount of $13668.13 . 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 $1500.00 w 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 MONTY WETCH ,INDIVIDUALLY in the amount of $13668.13 with interest at the legal rate of 6.000°s per annum from date of judgment plus attorneys' fees of $1500.00 and costs. Jame 'C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S enth Avenue, Suite 2718 Pit sb rgh, PA 15219 (4 2) 34-7955 F 12-338-7130 877 70 C A Pit CXC This law firm is a debt collector a~temddting to collect this debt for our client and any information obta n will be used for that purpose. New Balance Minimum Payment Due i Account Number 6011 0021 2037 3063 C~ISCVER $13,668.13 $1,658.00 I Enter Amount Enclosed Below CARD ,. Payment Due Date ~'~ March 17, 2007 pl~~ make check payable to Discover Card. Minimum payment due includes a past due amount of 31,312.00. 18 SDSN6A01 0006011 ~ ~; 1 C'' ~' MONTY WETCH ~ ~ '{ '',°'P`,. Save time and a stamp this month by paying 808 HAMILTON ST r' ,.; i your bill online. To find out about our free and flexible online payment features, visit CARLISLE PA 17 013 -1523 `°` 4, Discovercard.comlpayments PO BOX 15251 ~~~rrr~~rrrrrrl~ln~rrrr~~~ WILMINGTON DE 19886-5251 Address, e-mail or tebphone changed Print change in space ~nr~~~r~u~n~r~u~n~~nr~r~ur~r~r~r~un~~r~r~un~~~r~rr~ above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special alters. 000006011002120373063136681300000000165800 --_,. _-__________ _____--___-. __________ The Miles Card Account Summary ________.___--_ -__-_______.______ _____.-._a. ______..__ posing Date: February 18, 2007 page 1 of 1 Account Number 6011 0021 2037 3063 Previous Balance $13,259.76 Payment Due Date March 17, 2007 Payments And Credits - 0.00 Minimum PaymerrtDue $1,658.00 Purchases + 78.00 Credit Limit $11,623 Cash Advances + 0.00 Credit Available $0 Balance Transfers + 0.00 Cash Credit Limit $5,800.00 Finanom Charges + 330.37 Cash Credit Available $0-00 New Balance $13,668.13 ~' ~ ~~ You may be able to avoid Periodic Finance Charges; see the reverse side for details. ~ ~ Th Mil C Previous Miles Balance 6,929 e es ar New Miles Eamed + 0 fran Discovar•Card Miles Balance 6,929 -Milea-EarrredSirrceAnniversaryDate------------------AYatl,abls_#altesleem.____--__---- ---------------<)--------- of July 18: 3,872 How Can We Help You? For Accewrt kryrriries, rrri~ b ~• ~: Discover Card, PO Box 30943 Please haw your Discover Cord ava~able. Salt Lake Ciy, UT 84130 Manage your aeeourrf online of Discovisrcord.com TDD lTelecommunicafions Device for the Dea fl: Customer Serviu: 1-800-DISCOVER (1-800-347-2683) for assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. TDa~te~ PDa s C+Iher/Miscellaneous Fab 18 Feb 18 OVERLIMIT FEE $ 39.00 Feb 18 Feb 18 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 aF this time. 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 DeFauN 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. .,Finance Charge Summary Nominal Transaction ' Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FRdMICE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days 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 Mana~?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 are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 5877270 MONTY WETCH 6011002120373063 IJ ,~. ~ ~~ -~ c..p n •~ ~ ...~) ~ _ ~ r ~ ~ w ~ w ~ - - , ~ -. ~-: _. ~~ ~_ .~ ~.. ..~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-03699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS WETCH MONTY RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon r~l~mru rvrnrTTV the DEFENDANT at 1004:00 HOURS, on the 28th day of June 2007 at 808 HAMILTON STREET CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ~104'~~ 18.00 4.80 .00 10.00 .00 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/28/2007 WELTMAN WEINBERG IS By: eputy Sheriff A.D. '} IN THE COURT OF CnMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION D[SCOVER BANK Plaintiff vs. MONTY WETCH Defendant No. U7-3699-CNIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS ['ARTY: James C. Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWRt#05877270 Judgment Amount $ 15168.13 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINEll WILL BE USED FOR THAT PURPOSE. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIViL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. U7-3699-CIVIL TERM MONTY WETCH. Defendant PRA>!/CIPE FOR DICFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MONTY WETCH above named, in the default of an Answer, in the amount of $15168.13 computed as follows: Amount claimed. in Complaint $13668.13 Interest from date of judgment at the legal. interest rate of 6% per annurn Attorney's fees $1500.OU TOTAL $15168.13 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. W>/L`t'MAN, WEINBERG & REIS CO., L.P.A. BY~ ____ _'~ ~.-- James C:. Wa odt Paid# 425 4 Wellman, ein rg & Reis Co. 2718 K per ldg ,436 S ent Avenue Pittsl~iirg , PA 1.5219 (412 t3 7955 W W K~05877270 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 1.5219 And that the last known address of the Defendant is: 808 I IAMILTON ST CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK ~~ ~'~ Plaintiff Case # ~~ -~' `~ ~ ~~ MONTY WETCH Defendant(s) IMPORTANT NOTICE TO: MONTY WETCH 808 HAMILTON ST CARLISLE,PA 17013 7 7 Date of Notice: _ /~ WWR#: 05877270 ~' 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 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN TIIE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION D[SCOVER BANK Plaintiff vs. MONTY WETCH: Defendant Case no: 07-3699-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 du}y authorized agent of the Plaintiff in the within matter. Affiant further states that the wi bin Affidavit is made pursuant to and in accordance with the Sarvicemembers' Civil Relief Act (SCRA), 50 i1.S.C. App. § 521.. Affiant further states that based upon investigation it is the affiant's befief that the Defendant, MONTY VV ETC}~i 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. MONTY WETCH is not in the military service. Further Affiant sayeth naught. Sti of NOT ED in my presence this g day ~-C-O-M-MG`N~WFP.LTH O_F PENNSYLVANI_A ;y. :;~cri ~ ~,.. . ,, .. ,;yiVan~B As_ ..,~ ~,Y• p,' i`:uutai ., 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 06:29:57 '~: Last Name First/Middle Begin Date Active Duty Status Service/Agency WETCH MONTY 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 perso~i (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 certif cafe 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,defenselink.mil/faq/ps/PC09SI=I~R.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmde.osd.mil/scra/owa/scra.prc_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. ReE~ort ID: TKBWHUMLCK hops://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/6/2007 164, ~ f1 ~ ""'~ _,_~ e r°~ tv ` -~ v a v - ;_,, 9, ~ ~ ~- ~ ~ '-~ '~ tL r -~ z ~~ > ~ .., ._ 1:..> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3699-CIVIL TERM MONTY WETCH Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order oa• Judgment was entered against you on 8 11~0~ (~) AsswnpsiC Judgment in the amount of $15168.1.3 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 Tral~c Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xs) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: s PRO 1 ONOTARY (OR DEPU ) MONTY WETCH 808 HAM1L"I'ON ST CARLISLE,PA 17013 Plaintiff s adch•ess is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`}' Avenue, Pittsburgh, PA 15219 1-888-434-0085