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Home My WebLink About07-5018 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintif f No ~ 07 - 5018 l:lvi ~ Tef'M vs. LILLIAN A NESBIT Defendant 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 06102836 C A Pit WLG a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No LILLIAN A NESBIT 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: LILLIAN A NESBIT 344 S WASHINGTON ST APT MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002360648836 A copy of Plaintiff's Statement of Account s attached hereto, marked a:~ 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 August 07, 2007 in the amount of $8061.62 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 LILLIAN A NESBIT ,INDIVIDUALLY in the amount of $8061.62 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $1000.00 and costs. James C. armbroat,4~5~4 WELT EINBERG & REIS CO., L.P.A. 436 even h Avenue, Suite 2718 Pit sburg PA 15219 (41 ) 43 -7955 F 41 -338-7130 06 028 6 C A Pit WLG This law firm is a debt collector at~mp~Ling to collect this debt for our client and any information obtai e will be used for that purpose. D1SCVER rvew oawnce $8,061.62 rvuntmum rpymenr vue $8,061.62 r~ccounr rvumoer uv i ~ vvto vvo~ oo~u , Enter Amount Enclosed Below CARD _ Payment Due Date May 14, 2007 Please make check payable to Discover Pla'inum Card. Minimum pa ent due includes a past due amount of $1,510.00. 15 SDSN6A01 0005336 LILLIAN NESBIT Manage your budget, track your spending -mail l i h FREE t 344 S WASHINGTON ST APT C ime y a and avoid fees w reminders. To find out more, visit MECNANICSBURG PA 17055-4143 Discovercard.com/reminders PO BOX 15251 ~~~"'~~"""~~'~'~"~"~~ WILMINGTON DE 19886-5251 Address, e-mail or telephone changes Print change in space ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~r~~~~~~~~~~~~~~~~~~~~~~~~~~~ above, or 8o to Discowrcard.com. Print your e-mail address to receive important Account information and special offers. 000006011002360648836080616200000000806162 Discover More Card Account Summary Closing Date: April 15, 2007 page 1 of 1 Account Number 601 1 0023 6064 8836 Previous Balance $8,061.62 ',Payment Due Date May 14, 2007 Payments And Credits - 0.00 Minimum Payment Due $8,061.62 Purchases + 0.00 Credit limit $6,700.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance CErarges + 0.00 Cash Credit Available $0.00 New Balance $8,061.62 .Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary _Avallgble_tq Redeem .. ~ 0•~_ Date: December 15 How Can We Help You? For Account Inquiries, write ro us at: Dis~~ver More Cord, PO Box 30943 Please haw your Discover Card aw~abls. SaR Lake City, UT 84130 Nonage your account online at Discowneard.com TDD Telxommunications Devito for the Dsaf): Cucfomsr Service: 1-800-DISCOVER (1-800.347-2683) for assisMnce, see reverse side. ;Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. ~~Information For You ~ While we are permiHed 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 purchoses 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 EXHIBIT minimum payment due by the payment due date. See the DeFauh Rate Plan section of the Cardmember Agreement for details. ,,Finance Charge Summary Nominal Transaction Average Doily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Ba an es Rates RATES RATES CHARGES CHARGES ;current billing period: 15 days 'Purchases $0 0.07052% 25.74% V 25.74% $0 none Cash Advances $0 0.05477% 19.9990 F 19.99% $0 $0 previous billing period: 20 days Purchases $0 0.07052% 25.74% V 25.74% $0 none The rates that apply to your Account are either. Fixed (F) or they may vary (V) as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is / '/~~~-n~e~ ~~°~~~ (Name) Accounts Manager of DFS Services, LLC ,plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 6102836 LILLIAN A NESBIT 6011002360648836 G ~ '60. -; ~ ~ ~ `' -r .` ' "~ - -ri -;~ _ -0 ~ Ul ;~, ~ -- r~-; ~ O rv ~ ~ Cr~, Sb _ _ i L.._I ~. 6 ~ ~ `-~ ~ l i) 6 _ ... _~ ~,-.~ r f1 n Y > .. _.:..~ ~ U ~/ SHERIFF'S RETURN - NOT FOUND CAS's NO: 2007-05018 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS NESBIT LILLIAN A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NESBIT LILLIAN A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 344 S WASHINGTON ST APT C MECHANICSBURG, PA 17055 NESBIT LILLIAN A NOT FOUND as to ATTEMPTED SERVICE 11 TIMES DEFENDANT REFUSES TO ANSWER DOOR FOR SERVICE. Sheriff' s Costs : So answers : -°-_'~ .~.--~- ' ~~ Docketing 18.00 ~..-~ ~ Service 38.40 -" ~ Not Found 5.00 R. Thomas Kline Surcharge q a~OI~ ~ I 10 ~ 0 0 Sheriff of Cumberland County oY.~ 0 0 71.40 WELTMAN WEINBERG REIS 09/21/2007 Sworn and Subscribed to before me this day of , A.D. f ~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,. PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LILLIAN A NESBIT Defendant No. 07-501$-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD ~F THIS PARTY: JAMES C WARMBRODT, ESQ. PA LD. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06102836 .. -~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5018-CIVIL TERM LILLIAN A NESBIT Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG &REIS CO., L.P.A. By: '' JAMES C RODT, ESQ. PA I.D. 524 WELT N, W INBERG &REIS CO., L.P.A. 2718 K pe uilding 436 Se en Avenue Pittsb , PA 15219 (412) 4-7955 WWR #06102836 ~~~ ~~Q ~~~ ~~~~ ~~ ~ ~ -G ...- SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05018 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS NESBIT LILLIAN A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NESBIT LILLIAN A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND as to the within named DEFENDANT 344 S WASHINGTON ST APT C NESBIT LILLIAN A MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 33.00 Not Found 5.00 Surcharge 10.00 .00 G~/3 J b ~' ~,,.,, 6 6. 0 0 .. So answ ' -- ~., ~: _. ,--' ~,---~ -. R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 06/09/2008 Sworn and Subscribed to before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LILLIAN A NESBIT Defendant No. 07-5018-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I . D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6102836 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5018-CIVIL TERM LILLIAN A NESBIT 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: James C PA I.D.# 1400 KoF 436 Sev Pittsbu g (412) 3~ SWORN TO AND SUBSCRIBED before me this ~ day PUBLIC Notarial Seaf-~~' Heidi J. Kelly, Notary Public City Of Pittsburgh, Allegheny ~~h, My Commission E~ires Nov. 4, 2009 fiber, Pennsylvania Association of Notaries rodt, Esquire Building venue 15219 "' f t ~ r-~ +y~~ st°j ~~. ~"Y 1 t. ~ r p a ". e ~ .~ r y.