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HomeMy WebLinkAbout07-3700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: C'I VS. COMPLAINT IN CIVIL ACTION AMY J MACHESKY 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 05947847 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No AMY J MACHESKY 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: AMY J MACHESKY 14 GEORGE CIR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002250682358 . 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 $9977.93 . 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 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 , AMY J MACHESKY INDIVIDUALLY , in the amount of $9977.93 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. Jame ct\ C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev th Avenue, Suite 2718 Pit sbur h, PA 15219 (4 ) 43 -7955 FAX: 4121-338-7130 0594784 C A Pit WLG This law firm is a debt collector atftmpt/ing to collect this debt for our client and any information obta ed,V.ill be used for that purpose. DIS K A 17 SDSN8A01 0008013 AMY MACHESKY 14 GEORGE CIR New Balance Minimum Payment Due' Account Number 6011 0022 5068 2358 $9,977.93 $1,120.00 Enter Amount Enclosed Below Payment Due Date $ 1 Aprfl 16, 2007 Please make check payable to Discover Platinum Card. You are overlimd. Pay the sum of the monthly minimum payment plus the ovedimit `? 1 4 amount of $877.93. MECHANICSBURG PA 17055-4707 Address, e-mail or telephone change? Print change in space above, or go to Discovercord.com. Print your e-mail address to receive important Account information and special offers. Reduce clutter and view your statement as soon as ft's available. Sign up for Paperless Statements today! Visit Discovercard.com/gopaperiess PO BOX 15251 11111111111 loll lill 11 poll 11 WILMINGTON DE 19886-5251 1rBelli IIr1II1111u1u11r111111111111111nrBill loll III I I I oil 11 000006011002250682358099779300000000112000 Discover Platinum Card Account Summary Closing Date: March 17, 2007 page 1 of 2 Account Number 6011 0022 5068 2358 Previous Balance $9,695.29 Payment Due Date April 16, 2007 Payments And Credits 0.00 Minimum Payment Due $1,120.00 Purchases + 78.00 Credit Limit $9,100.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $4,600. Filanoe Charges + 204.64 Cash Credit Available $0.00 T:AHIB IT New Balance = $9,977.93 You may be able to avoid Periodic Finance ChargeS see the . .._..._.._..,_.,_? . reverse side for details. Cashback Bonus® Opening Cashback Bonus Balance $ 17.62 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 17.62 Cashback-Bonus®- Anniversary - - - - - - - - - -Awilable to Redeem - - - - - - - - -- $ 0.00 Date: November 17 How Can We Help You? For Account lnquir6s, wrile to us at. Discover Platinum Card, PO Box 30943 Please have your Discover Card available. Salt Lake City, UT 8.4130 Manage your account online at Discovemard.com TDD (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 CMher/Miscellaneous Mar 17 Mar 17 OVERLIMIT FEE $ 39.00 Mar 17 Mar 17 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 fail 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 cnd arrangements for future payments should be made immediately. 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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. r/I ? b (Signature) WWR # 5947847 AMY J MACHESKY 6011002250682358 /v -69. ? ?0 s V ) C3 C.Y7 OV) SHERIFF'S RETURN - REGULAR CASE NO: 2007-03700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MACHESKY AMY J DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACHESKY AMY J the DEFENDANT , at 1930:00 HOURS, on the 26th day of June 2007 at 14 GEORGE CIRCLE MECHANICSBURG, PA 17055 AMY J MACHESKY by handing to 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 Service Affidavit Surcharge 'V)&gjb,q '/ Sworn and Subscibed to before me this of So Answers: 18.00 9.60!f` 00 10.00 R. Thomas Kline .00 37.60 06/28/2007 WELTMAN WEINBERG REIS By: P - day Deputy Sheriff A.D. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AMY J MACHESKY Defendant No. 07-3700-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#05947847 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3700-CIVIL TERM AMY J MACHESKY 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:A 7 Attorney for PlaipAff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05947847 SWORN TO AND SUBSCRIBED before me this day of ©C. .( 2007 NO Y PUBLI "'MSYLVl19IA IY ?-dt F71 1 V J y-..# '.?.J -IJ