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Home My WebLink About07-37811 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: p'7' - ~'r~r ~, ~C~ t u ~ ~-~ vs. COMPLAINT IN CIVIL ACTION MONTY R WETCH 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 05948002 C A Pit WLG r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MONTY R 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 r s 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 R WETCH 808 HAMILTON ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002630392991 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 $7226.38 . 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 MONTY R WETCH ,INDIVIDUALLY in the amount of $7226.38 with interest at the legal rate of 6.OOOs per annum from date of judgment plus attorneys' fees of $1000.00 and costs. Jame C Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pi tsb rgh, PA 15219 ( 2) 34-7955 F 12-338-7130 594 002 C A Pit WLG This law firm is a debt collector a~ter~pting to collect this debt for our client and any information obtain d will be used for that purpose. New Balance DISCOVER s7,226.38 CARD ~ __ 26 SDSN6A01 0008166 MONTY WETCH 808 HAMILTON ST CARLISLE PA 17013-1523 Minimum Payment Due, $935.00 Payment Due Date April 25, 2007 Address, e-mail or telephone charge$ Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information grid special offers. Account Number 6011 0026 3039 2991 Enter Amount Enclosed Below Please make check payable to Discover Platinum Card. You are overlimit. Payy the sum of the monthly minimum pa ment prus the overlimit amount of $1,226.38. Reduce clutter and view your statement as soon as it's available. Sign up for Paperless Statements today! Visit Discovercard.comJgopaperless PO BOX 15251 ~~~r~~~~r~rrr~~~r~~~~rr~r~~ WILMINGTON DE 19886-5251 ~nr~~~r~n~n~r~n~n~~ui~r~nr~r~r~r~un~~r~r~nu~~~i~u~ 0000060110026303929910722638000DD000093500 Discover Platinum Card Account Summary Closing Date: March 26, 2007 page 1 of 1 Account Number 6011 0026 3039 2991 Previous Balance x7,027.50 Payment Due Date April 25, 2007 Payments And Credits - 0.00 Minimum Payment Due 6935.00 Purchases + 78.00 Credit Limit 66,000.00 Cash Advances + 0.00 Credit Available 60.00 Balance Transfers + 0.00 Cash Credit Limit 63,000.00. Fnance Charges + 120.88 Cash Credit Available 60.00 ~' R~~ New Balance = 67,226.38 You may be able to avoid Periodic Financ reverse side for details. e Charges, see the Cashback Bonus® Opening Cashback Bonus Balance 6 0.00 New Cashback Bonus Eamed + 0.00 Cashback Bonus Balance 6 0.00 j-Cashbaek$onus®AnniverseryF-----------------------AyailahletoRedeem-.---------- ----s-------_0.00-------- ': Date: November 26 How Can We Help You? Far Accaunt byuirie=, write to u m: Plsass have your Discover Card avaRable. Discover Platinum Card, PO Box 30943 Sak lake City, UT 84130 Manage-your account online at Discovercard.com TDD (Telecommunications Device For the Dsafl: 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 Dab Date Ctlher/Miscellaneous Mar 26 Mor 26 OVERLfMIT FEE $ 39.00 Mar 26 Mar 26 LATE FEE 39.00 Information For You * * * 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 ANNUM ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FRVANCE ces 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.. plaintiffherein, 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 # 5948002 MONTY R WETCH 6011002630392991 ~ ~ 1~ ~ o W ~ o Ty v Y. !-"f, { T .~{.. ~ r~ T ~' F .~ ~ ~~ J < N ~~ E._ ~ .: r ..f ~ "' ' :; ~ 1 ~ :'~ - .tom' W 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS WETCH MONTY R 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 ieTT.'T('u M(IT~TTV R 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 ?'b~~? ~ .00 32.80 Sworn and Subscibed to before me this day of , So Answers: _~~~~ R. Thomas Kline 06/28/2007 WELTMAN WEINBERG IS By: ep ty Sheri f A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. NIONTY R WETCH Defendant No. 07-378I-CIVIL TERM 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#05948002 Judgment Amount $ 8226.38 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN 7'HE COURT' OF COMMON PLEA5 CUMBERLAND COUNTY, PENNSYLVANIA C[VIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3781-CIVIL TERM MONTY R WETCH Defendant 'f0 THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MONTY R WETCH. above named, in the default of an Answer, in the amount of $8226.38 computed as follows: Amount claimed in Complaint $7226.38 Interest from date of judgment at the legal. interest rate of 6% per annum Attorney's fees $1000.00 TOTAL $8226.38 1 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. ~~ / r By: 11" WILLIAM T. M CZAN, ESQUIRE PA LD.#47437 weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R#05948002 Plaintiff's 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: 808 HAMILTON ST CARLiSLE,PA 17013 ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff MONTY R WETCH Defendant(s) IMPORTANT NOTICE TO: MONTY R WETCH 808 HAMILTON ST CARLISLE,PA 17013 ~(~ Date of Notice: UC, WWR#: 05948002 Case # - ~) l~~ V~' ~ ~~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WF~ITTEN 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 ~ ____.. BY : ~~ I~~~, Gt~c~a-- 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 CIVIL DIVISION DISCOVER BANK Case no: 07-3781-CIVIL TERM Plaintiff vs. MONTY R WETCI-i Defendant 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, MONTY R WETCH 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 R WETCH is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this ~ 1 da N TARY PUBLIC N <1R rY""'"": ~^•onExP"~:~ ` _ 'J ~~, "Jie~be F" ~~ v° ~~ ~s~nc - aS tic.: rtes 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 SEP-14-2007 05:19:26 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 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.mil/fa /q~is/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowa/scra.prc_Select 9/14/2007 aRequest 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: MCNXUWOGCC https://www.dmdc.osd.millscra/owa/scra.prc_Select 9/14/2007 r-~ C- r`' :~_ -vt 7p ~ ~ ~ ~ ~: g ~ --, ~ o ~ '' c o _ ~ _.~„ .' V1 "~' D ~~ f„ :'~ _: ~ -- ~a ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-3781-CIVIL TERM MONTY R WETCH. Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( }Garnishee You are hereby notified that the following Order or Jud ment was entered against you on (xx) Assumpsit Judgment in the amount of $8226.38 plus 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'I'ransportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: ~. PR T ONOTARY (OR DEPU ) O,~j3 MONTY R WETCH 808 HAMILTON ST CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`~' Avenue, Pittsburgh, PA 15219 1-888-434-0085