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Home My WebLink About07-4160IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Q']- ~~toO t_.ivi I TerM vs. COMPLAINT IN CIVIL ACTION DAVID B DRUMM 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 06003848 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DAVID B DRUMM 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: DAVID B DRUMM 49 JOHNS DR ENOLA, PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002080757685 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 27, 2007 in the amount of $10959.77 . 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 DAVID B DRUMM ,INDIVIDUALLY in the amount of $10959.77 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 and costs. Jame Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pi sbu gh, PA 15219 (4 2) 4-7955 F 2-338-7130 600 48 C A Pit WLG This law firm is a debt collector ~t~ipting to collect this debt for our client and any information obt ed will be used for that purpose. New Balance ER O Minimum Payment Due ~ Account Number 6011 0020 8075 7685 ' ' ''' $10,959.77 DISC V $1,036.00 Enter Amount Enclosed Below .~ f~ f~ r ""~ ~~ CARD Payment Due Date ~ ~ --r;,~':',~ ~ ~~ ~~ ~``' ~'~ May 5, 2007 please make check payable to Discover Platinum Card. You are overlim~t. Pay the sum of the ` O6 SDSN6A01 0009274 monthly minimum payment plus the overlimit amount of $959.77.- DAVID DRUMM Save time and a stamp this month by paying your bill online. To find out about our free 49 JOHNS DR and flexible online payment features, visit ENOLA PA 17025-2694 Discovercard.com/pay PO BOX 15251 ~~~"'~~rr'~~""~~"'~"~~ spa WILMINGTON DE 19886-5251 abo~re,oror8oatoDisC~ovpercardcrintyouhe-~mailnaddressto ~u~~~(~(n~u~i~n~n(~u~~~~n~~~~~(~~uu~(i~~~un~~~~~n~ receive important Account information and special offers. 000006011002080757685109597700000000103600 Discover More Card Account Summary Closing Date: April 6, 2007 page 1 of 1 .Account Number 6011 0020 8075 7685 Previous Balance $10,676.36 'Payment Due Date May 5, 2007 Payments And Credits - 0.00 Minimum Payment Due $1,036.00 Purchases + 78.00 Credff limit $10,000.00 Cash Advances + 0.00 Credit Avoilabb $0.00 Bolanee Transfers + 0.00 Cash Credit Limit $5,000.00 Finance Charges + 205.41 Cash Credit Available $0.00 New Balance = $10,959.77 You may be able to avoid Periodic Finance Charges, see the reverse side For details. Cashback Bonus® Opening Cashback Bonus Balance New Cashback Bonus Eamed $ + 18.96 0.00 Cashback Bonus Balance $ 18.96 Cashbock Barnrs® Since Anrriversary Dcrte - - - - - - - - - - -Available-ta Redeem. - - _ . - _ .. - . .. $ - .. ... -0.00.. _ of May b: $76.49 How Can We Help You? ~ ~~°°"' iryavi.s, `^~''° °s ~: Please haw your Discover curd avaiuble. Sok Lake City, T 8410 Box 30943 Manage your account onlirs of Discovercard.eom TDD (rslecommunicalions Device for die Dsafl: Customer Service: 1-SOO.DISCOVER (1-800.347-2683) For assistance, see reverse side. Transactions SO Fraud Liability Guarantee Use your Discover Card with confidence. ~~s. P~~ Ctther/Misalansous Apr b Apr b OVERUMIT FEE $ 39.00 Apr b Apr 6 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. U ~n finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE ce " Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $8333.54 0.06025% 21.99% F 21.99% $155.65 none Cosh Advances $2441.88 0.06573% 23.99% F 23.99% $49.76 $0 The mtes that apply ro your Account are either fixed (F) or they may vary (V) as noted above. 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~~/~-'~ (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 # 6003848 DAVID B DRUMM 6011002080757685 ~t ~' ~ ~ ~ ~ t ~_ ~ ~ w v ~.? 11 ~ ... ~ ~ ~'~, ~_~~ {.,...F . a ; ~ ;~. : ~> , ~ = (~ x~ .~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK DRUMM DAVID B VS VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DRUMM DAVID B the DEFENDANT at 1606:00 HOURS, on the 23rd day of July 2007 at 49 JOHNS DRIVE ENOLA, PA 17025 STAGY DRUMM by handing to SPOUSE 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 p,14'b9 ~,, 18.00 28.80 .00 10.00 .00 56.80 Sworn and Subscibed to before me this day So Answers: . ~~F ~~ R. Thomas Kline 07/23/2007 WELTMAN WEINBERG REIS By: Deputy Sh iff of A.D. Tracy L. Updike, Esquire PA Supreme Court ID # 88680 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t DISCOVER BANK, CIVIL ACTION -LAW ~ ..,., plaintiff, No. 07-4160 ~~ ~''~ i vs. c ~ -v ~f % 3 DAVID B. DRUMM, ~' :. Defendant - w NOTICE OF STAY NOTICE IS HEREBY G1VEN that David B. Drumm, above-named Defendant, has filed a Petition under Chapter 7 of the United States Bankruptcy Code to Case No. 1-07-02611 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, Date: September 7, 2007 CUNNINGHAM & CHERNICOFF, P.C. By y L pdike, squire I.D. #88 0 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 i .t ,y '~ ,~ ~, ~` Tracy L. Updike, Esquire PA Supreme Court ID # 88680 CUNNIl~TGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, CIVIL ACTION -LAW Plaintiff, No. 07-4160 vs. DAVID B. DRUMM, Defendant CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid on this day to the following: James C. Warmbrodt, Esquire Weltman, Wienberg & Reis Co. 436 Seventh Ave, Ste 2718 Pittsburgh, PA 15219 Respectfully submitted, Date: September 7, 2007 F:~HomeU.FfJGL~DRUhIlvi~NOTICEHK2.wpd CUNNIlVGHAM & CHERNICOFF, P.C. By: Lisa Fuge, Paralegal 2 s ...i '"Cy ~. ~~~ .~y~ .Vq .rte .+i. .~~' ~.. .. I~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DAVID B DRUMM Defendant No. 07-4160-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#06003848 w Ihl THE COURT OF COMMON P:_E.AS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-4160-CIVIL TERM DAVID B DRUMM 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 refiie and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney or Plai 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06003848 SVIIORN TO AND SUBSCRIBED before me this 3p day of ^ ~,{„ u ~ ARY ._..' ~~ I t,toi iC.~ .a~ i ti OF PENPIS~i L~1,._.~.4 "•w N+'3-;~b@r. F . . c~ cn ^='= Y .... r f C7 _ '~~--~~'~qq t../ ]9 "' .~ ...+ ~ . w