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Home My WebLink About07-3779IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RONALD E MILLER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CU., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05947817 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RONALD E MILLER Defendant Civil Action No Di- 3~~9 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: RONALD E MILLER 408 PITT ST # A ENOLA, PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002150730166 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 June 04, 2007 in the amount of $4614.10 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 $500.00 . 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 RONALD E MILLER ,INDIVIDUALLY in the amount of $4614.10 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $500.00 and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 2718 Pi sbur h, PA 15219 (4 2) 43 -7955 F 41 -338-7130 0 9478 C A Pit WLG This law firm is a debt collector a emp ing to collect this debt for our client and any information obta ne will be used for that purpose. DIS~V.ER CARD New Balance $4,614.10 19 SDSN8A01 0007983 RONALD MILLER 408 PITT ST lk A ENOLA PA 17025-2267 Minimum Payment Due $580.00 Payment Due Date Apra 18, 2007 J~ ~ ~ ..-° _ : --, .} ~r.~ Address, e-mail or telephone change$ Print change ins ce above, or go to Discovercnrd.com. Print your e-mail dress to receive important Account information and special oFfers. Account Number 60110021 5073 0166 Enter Amount Enclosed Below -~ Please make check payable to Discover Titanium Card. Minimum payment due includes a past due amount of 5465.00. Reduce clutter and view your statement as soon as it's available. Sign up for Paperless Statements today) Visit Discovercard.comlgopaperless PO BOX 15251 ~~~"'~~"""~~~'~"~~"'~ WILMINGTON DE 19886-5251 ~n~~~~~~n~n~i~n~n~~nr~~~ni~i~~~~~nn~~~~~~u~~~~~~~n~ 000006011002150730166046141000000000058000 Discover Titanium Card Account Summary dosing Date: March 19, 2007 page 1 of 1 Account Number 60110021 5073 0166 Previous Balance 54,436.39 Payment Due Date April 18, 2007 Payments And Credits - 0.00 Minimum Payment Due 5580.00 Purchases + 78'00 Credit Limit X3,700.00 Cash Advances + 0.00 Credit Available 5-914.00 Balance Transfers + 0.00 Cash Credit Limit 21,900.00 Firance Charges + 99.71 , Cash Credit Available 50.00 New Bakmee = x4,614.10 ~~ You maybe able to avoid Periodic Finance Charges, see the reverse side for details. 'How Can We Hel You? P Fer ~«'~ Ilnquiriss, wnle to ". °" Discover Titanium Card, PO Box 30943 Please haw your Discover Card ovaiabk. _ -- Sah lake-Cy. UT' $4130 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - .. - _ . _ ----------------------- iManage your account online at piscovercard.com TDD (Telecamm~arKa>ions Device for the Dea•): 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 Dols Dais plher/M'~scellaneous Mar 19 Mar 19 OVERUMIT FEE $ 39.00 Mar 19 Mar 19 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 haw terminated, however, any introductory or promotional rate on purchases and any special balarxa hansfer rote, and applied the standard APR for purchases to your outstanding balance of purchases and balance hansfers. 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 Cardmamber Agreement For details. _' _* *_ ATIENTI9N * * _'_ _ Ynw'siccourd is3eriausly-past dus..Paymsnt of the amount due and arrangements-for future payments should be made immediately. `Finance Charge Summary Nominal Transaction ANNUAL ANNUAL Periodic Fee Dai P~enlodic PERCENTAGE PERCENTAGE FRdMICE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 28 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 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 # 5947817 RONALD E MILLER 6011002150730166 n ~ ~, ~ ~ ~ a ~ ~ ~ ~ ~ 1/`^'~ 1 r_ ~,~-~ ~~_~_~- 1\J .' + ~„.. . _ L.l ~S ~.._ N i W ~~ '~ C ~...+ ~ V SHERIFF'S RETURN - REGULAR CASE NO: 2007-03779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MILLER RONALD E STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER RONALD E the DEFENDANT at 1945:00 HOURS, on the 25th day of June 2007 at 26 ADAM STREET ENOLA, PA 17025 RONALD MILLER 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 18.00 Service 28.80 Affidavit .00 Surcharge 10.00 00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/26/2007 WELTMAN WEINBERG REIS By: eputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RONALD E MILLER Defendant No. 07-3779-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. V~!armbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 (Coppers Bldg 436 Seventh Avenue Pittsburgh, PA ].5219 (4l2) 434-7955 W WRlk05947817 Judgment Amount $ ~ 114.10 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINF,U WILL BE USEll FOI2 THAT PURPOSE. a IN'THE COURT OF COMMON I'I,EAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK. Plaintiff vs. Civil Action No. 07-3779-CIVIL TERM RONALD E MILLER Defendant PRAECIPE FOR llEFAUI."T JUDGMENT "I'O "i'HE PROTHONOTARY: Kindly enter Judgment against the Defendant, RONALD E MILLER above named, in the default of an Answer, in the amount of $511.4.10 computed as follows: Amount claimed in Complaint $4614.10 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $5114.10 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. WELT MAN, WEINBERG & KF,IS CO., L.P.A. BY~ _____ James C. Wa nb odt Paid# 425 4 Weltman, einb rg & Reis Co. 2718 K ppers ldg 436 S vent Avenue Pitts urgh A 15219 (412 434- )55 7817 Plaintift's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 1521.9 And that the last known address ofthc Defendant is: 408 P[TT ST ~' A ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK ~~ ~~( Plaintiff Case # ~~~~~ ~'(~ V~L- RONALD E MILLER Defendant(s) IMPORTANT NOTICE TO: RONALD E MILLER 408 PITT ST # A ENOLA,PA 17025 a ~ n Date of Notice: WWR## : 05947817 ~~' 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 T} IE COMMON PLEi~S COURT OF CUMI3ERL,AND COUNTY, PENNSYLVANIA CIVIL DIVISION D[SCOVER }SANK Plaintiff vs. RONALD E MILLER Case no: 07-3779-CIVIL TERM NON-MIL[TARY AFFIDAVIT Defendant 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, RONALD E MILLER 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 Defender t, RONALD E MILLER is not in the military service. Further Affiant sayeth naught. AFFIAN SWORN TO D SUJ~SCRI~BED in my presence this ~_ day of .~,~ / _ 61 COMMONWEALTH ~F PENNSYLVANIA ~ ~;~,+~t;3t ~ ,, ';~:~ , .~i;; ~aE;''~. ,;.i.' j ` iJ{Q~ F.h~. ~?1 J~ .~ ..l ~.,. aylvania ti<. _.,r~ ~ .~tai~~. 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 l of 2 AUG-06-2007 09:09:46 -.Last Name First/Middle Begin Date Active Duty Status Service/Agency MILLER RONALD Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. tJpon 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 ('enter 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. I f 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._defenselink.m_l/faq/}~s/I?(09SLI~R.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owalscra.prc_Select 8/6/2007 Request for Milita~~ Status Page ? of 2 I by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BURQPEHOPXZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/6!2007 ~~ ~j R o ~~' ~ ?, ~ ~ , oo Q --- ~ ;, f. _~ _ W h D + O o o _ ~' ~ ' ~ ~ ~ IN THE COURT OF COMMON PLEAS CUMBF_RLAND COUN"I'Y, PENNSYLVANIA C[VIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3779-CIVIL TERM RONALD E MILLER 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 ~~-- (xx) Assumpsit Judgment in the amount of $511.4.1.0 phrs costs. ( ) Trespass Judgment in the amount of $_ plus costs. ( ) (f 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 Traftic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary I3v: _~__ _ _~ PR 'T IONOTARY (OR DEP l') RONALD E MILLER 4Q8 PTI"I' ST # A EvOLA,PA 17025 Plaintiffls address is: c/o Weltman, Weinberg & Reis Co., L.P.F.., 2718 Koppers Building, 436 7`r' Avenue, Pittsburgh, PA 15219 1-888-434-Q085