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Home My WebLink About07-4312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT A MERMELSTEIN Defendant No : U 7- y 3 i a2, l~ ~.u... 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 06004196 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs . Civil Action No 0 '7- ~! 3 ioZ ~,( Tt",. ROBERT A MERMELSTEIN 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: ROBERT A MERMELSTEIN 320 N 28TH ST CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002740753769 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 July 11, 2007 in the amount of $8291.24 . 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 ROBERT A MERMELSTEIN ,INDIVIDUALLY in the amount of $8291.24 with interest at the legal rate of 6.000°s per annum from date of judgment plus attorneys' fees of $1000.00 and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbur h, PA 15219 (4 ) 4 -7955 F 4 -338-7130 0 004 6 C A Pit WLG This law firm is a debt collector at~ting to collect this debt for our client and any information obtai d will be used for that purpose. DISCOVER s8 z9isaCe CARD SDSN6AOt 0009623 ROBERT MERMELSTEIN 320 N 28TH ST CAMP HILL PA 17011-2801 Minimum Payment Due Account Number 60110027 4075 3769 $8.291.24 Enter Amount En closed Below ~~~'~~ , / ~~^'~ Please make check payable to Dixover Platinum Card. Minimum payment due includes a past due amount of S 1,538.00. Save time and a stamp this month by paying your bill online. To find out about our free and flexible online payment features, visft Discovercard.com/pay PO BOX 15251 ~~~rrr~~unr~r~u~r~r~~n~ WILMINGTON DE 19886-5251 Address, s~mail ortelephons ehange2 Print change in space u~~~~ ~ ~n~~~n~u~~ni~i~~n above, or go to Diseovercard.eom. Print your s•mail reu to ' ' " ~i~i~i~ni~~~~~~~nn~~~~~n~ receive important Accourrt informafion and special offers. 000006011002740753769082912400000000829124 Discover More Card Account Summary dosing Date: April 22, 2007 page 1 of 1 Account Number 6011 0027 4075 3769 Previous Balance 58 291.24 Payment Due Data May 21, 2007 Payments And Credits , 0 00 Minimum Payment Due 58,291.24 Purchases . + 0 00 Credit limit 56,000.00 Cash Advances _ . + 0 00 Credit Avaiksbb 50.00 Bak~nce Transfers . + 0 00 Cash Crodit Limit 50.00 Farce ~gss . + 000 Cash Credit Available 50.00 New Balance = 58,291.24 Cashback Bonus® Opening Cashback Bonus Babnce 5 0.00 New Cashback Bonus Earned + 0.00 Cashbadc Bonus Bdance 5 0 00 Cashback Bnrrua® Arm- - - - - - - - - - - - - - - - nrorsary----- . - -Available. Redeem.. _ _ ... _ .. _ . 5 . _ ... - _0.00.. - . _. Date: ocfober 22 How Can We Help You? FOr ~«~+ tnqueies, wt'iN b us aF. ~~ haw 1~ ~~ Cad avaiabk. Dixover Moro Card, PO Box 30943 Sak lake City, l1T 84130 Manage your axarrrt orrlirs at Dacovsrcard.com TDD liefecamwnications Device for the Deafl: Custarrsr Service: 1-800•DISCOVER (1-800.347-2683' For assistance, see reverse side. Transactions $0 Fraud liability Guarantee u=e your Dixover Card with confidence. 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 ro do so at this time. We have terminated, however, any introductory or promotional rate on purchases and arty special balance transfer rate, and applied the standard APR for purchases to your ouManding balance of purchases and balance hansfers. However, we reserve the right to increase the APRs on your Account if you foil to pay the ' minimum payment due by the payment due date,. See. the Default Rats Plan sedi F Cardmember Agreement For details. ~~~~~~~ ---- - -- _- _._ -- Finance Charge Summary Average Doily P~eodic Nominal Transaction ANNUAL ANNUAL Periodic Fee ~,~ AGE P F ~NTAGE F pt ~ R ~ ~~S CH RG ES current biging period: 31 days Purchases 50 0.05545% Cash Advances 50 0.05751 % 20.24% V 20.24% 50 none 20.99% F 20.99% 50 50 provious biging period: 22 days Purchases 50 0.05545% 20.24% V 20.24% 50 none The roles that apply ro your Account are either fixed (F) or they may vary M 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, thane is ~ ~I ~~ (~,~ ~ (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 # 6004196 ROBERT A MERMELSTEIN 6011002740753769 ~"';. ~J G--' ~ Tim::..? / - W ~ ~ _ )_i ~ _ ~~ 6`~ ~ N ~ ~ .,'!o ,.. ,~ `J _ ~ r en V r .""" _.c7 ~t t ...~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-04312 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MERMELSTEIN ROBERT A SGT DAVID ZEIGLER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MERMELSTEIN ROBERT A the DEFENDANT at 1325:00 HOURS, on the 30th day of July 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 ROBERT A MERMELSTEIN 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 14.40 Affidavit .00 Surcharge 10.00 .00 '),!&~e9 (~.- `~ 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/30/2007 WELTMAN WEINBERG REIS By: Depu y heriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION D[SCOVER BANK Plaintiff vs. ROBERT A MERMELSTEIN Defendant No. 07-4312-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 Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#06004196 Judgment Amount $ 9291.24 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-4312-CIVIL TERM ROBERT A MERMELSTEIN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ROBERT A MERMELSTEIN above named, in the default of an Answer, in the amount of $9291..24 computed. as follows: Amount claimed in Complaint $829]..24 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1000.00 TOTAL $9291.24 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. WELTMAN, WEINBERG & REIS CO., L.P.A. By:"~ WILLIAM T. M~.CZAN, ESQUIRE PA LD.#47437 weitman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06004196 Plaintiffs address is: c/o Waltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 320 N 28TH ST CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ CIVIL DIVISION DISCOVER BANK ~j j~ i Plaintiff Case # i/~~ ( (-,,/j11 l~ ROBERT A MERMELSTEIN Defendant(s) IMPORTANT NOTICE TO: ROBERT A MERMELSTEIN 320 N 28TH ST CAMP HILL,PA 17011 / Date of Notice: WWR#: 06004196 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 BY: ~f-~ l as ~bo~jr-~` PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.R. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THF, COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT A MERMELSTEIN Defendant Case no: 07-4312-CIVIL TERM NOIY-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, ROBERT A MERMELSTEIN 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, ROBERT A MERMELSTEIN is not in the military service. Further Affiant sayeth naught. //-- rr (/U~ AFFIANT SWORN TO AND SUBSCRIBED in my presence this 1 7 day ~ - ~1w`~,'alSe^' - ~ ~ ~ ~ ^%' ~,,urgh, ~l ~r ,~^v ~,'^t"^"dY ..~-- -~ ~ErnU@r. Fes" 'Sy~~~niaAssoc~a° n o` ^JG::.rie: 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 07:42:45 ''~ Last Name First/Middle Begin Date Active Duty Status Service/Agency MERMELSTEIN ROBERT 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 /c~is/I'C09SLDR.htm1_ WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/14/2007 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. Report ID: METZYQIIRG https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/14/2007 r,~ ;~ ~ ~~ -n r__ _~ .-- _ f;7 =~ -{t ..L <.t.7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIV[SION DISCOVER BANK. Plaintiff vs. Civil Action No. 07-4312-CIVIL TERM ROBERT A MERMELSTEIN 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 $9291.24 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 Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( } Verdict ( ) Arbitration Award Prothonotary By: PRO.. ONOTARY (OR DEP ROBERT A MERMELSTEIN 320 N 28TH. ST CAMP HILL,PA 1701 I Plaintiffls address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`~ Avenue, Pittsburgh, PA 15219 I -888-434-0085 f r ~..:w, ,. 2010 ~k~ 29 °H 3~ ~~ CUiY=~~ '~ F la'JiV t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT A MERMELSTEIN Defendant(s) No. 07-4312-C:1VIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: I~yndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6004196 DIS #43 , oa~~ ~~.~ cc~ ~~~r~q~s ~. ~~9 ~s~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-4312-CIVIL TERM ROBERT A MERMELSTEIN Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMt~,N, WEINBERG & REIS CO., L.P.A. By: - Lynd y Rowland, quire PA I.D. 205520 WELTMAN, WEIN ERG & REIS CO., L.P.A. 1400 Koppers Building. 436 Seventh. Avenue Pittsburgh, PA 15219 (412)434-7999 W WR #6004196 Sworn to and subscribed before me this _~~ day of March 10 COMMONWRq TH pp PENN8YLVANIA Nq~jrUl 8Nd CltyWhrtue A. JOn~n, Nobry PubllO Commi~lon ~ ~~~r ~~Y JWM 3t, 2010 Member, Penrnydv~ Mee