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HomeMy WebLinkAbout07-5419IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. DIVISION DISCOVER BANK Plaintiff vs. JILLIAN EILEEN PROPPS Defendant NO' ~~- 5~1 Ig Civ+ ( Teem COMPLAINT 1N CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA LD.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05758830 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. JILLIAN EILEEN PROPPS Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND Yau 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 clams 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 far 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: DISCOVER BANK C/O DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 2. Defendant is an adult individual residing at 4185 MOUNTAIN VIEW DR 104 MECHANICSBURG,PA 17050 3. Defendant applied for aiid received a credit card issued by Plaintiff bearing the account number 6011002830223723 . Atrue and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JULY 30, 2007, iii the amount of $6].14.24. 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. A true acid correct copy of Plaintiffls Cardholder Agreement is attached as Exhibit "B". 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 principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its !'avor and against Defendant, aILLIAN EIL,EEN PROPPS individually, in the amount of $6114.24 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $1000.00, and costs. THIS IS AN ATTEIVT:PT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. DAME C. WARMBRODT, ESQUIRE PA I. .#4~ 24 We man, einberg & Reis Co., L.P.A. 27 8 Ko ers Bldg. 4 6 Se nth Avenue itts rgh, PA 15219 41 434-7955 WWR#:05758830 ~A.7`..V C~ 56,114.24 CARD O6~SDSN6A010010267 ~~~LIAN PROPPS 178 YOUN6S CHURCH RD SHERMANS DALE PA 17090-8440 n~a.vvrn ~~urnosr aV 1 1 VVLa JVLL 3/L:f Enter Amount Enckued Below $~ ~ ~r~~ Please make check payable to Discover Pkrtinum Card. You aro overlim:t. P the sum of the monthly minimum payment ~us the overlimit amount of s314.Z4.- Consolidate bills quickly and securely with a Balance Transfer to your Discover D:scoverCcarld..comlbatan~cet8r9ansfer iTODAYI PO BOX 15251 ~~~ns~~ns~~uu~~nr~u~~ Address, e-mail or t c~~ ssppaoccee WILMINGTON DE 19886-5251 above, or go to Discoowrcard.can. Print your e~.moilnaddreas to ~m~~~r~u~n~r~o~n~~ur~r~nr~r~r~r~nu~~r~r~rur~~~r~n~ rsceiw important Account information and special ofFsrs 000006011002830223723061142400000000068500 Discover Platinum Card Account Summary Cbsing Daa: Account Number Payment Duo Dab Minimum Payment Due Credit Limit Credit Available Cash CrodB Umit Cosh Crodit Available 5685.00 -~ ~~ Payment Due Date January 5, 2007 55,931.80 - 0.00 + 78.00 + 0.00 + 0.00 + 104.44 S6, a ~dl l You maybe able to avoid Periodic Finance Charges, see the reverse aide For details. Cashb,~c~C DDn(~Ss o Opening Cashbook Bonw Balance s 0.00 Nsw Cashbook Bonus Eamed + 0.00 . -Cashbook Bonuse-Anni Cash,k Bonus Bottana 6 0.00 wrsary - - - - - - - _ - - - - _ - .. Avol to Resdeietn. - _ .. - . _ - 6 ... __ O OQ - Dab: May 6 How Can We Help You? For aceeunt inquiries, writ to us m: FUease haw year Discover ~} ~~. Discover Platinum Card, PO Box 30943 ~~ ~, ao oalia ~ ~~~~~ Salt lake City, UT 64130 Cuslonrer Service: i-800.DISCOVER (1.800347-26831 FoDr a~+si~onc~reverse~d ~ Far the pea9: Transactions $o FroudpL~io~bility Cwa,.~tyo U~ your Discover Card with confidence. Dale Dale Dtl'er/Mi'ceNanew+s Dec b Dse b OVERUMIT FEE Dec b Doc b LATE FEE $ 39.00 39.00 Information For You While ws aro permitted under the Cardmember Agreement to ineroaas d» APRs on your Account because your payment was late, w~ haw chosen not to do so aF this time. Ws have brminated, howcwr, any irrhaductory or promotional rob on purchases and any special bakmcs transFer rate, and applied the standard Apt For pureiwaes to ..purchases and-bakmcs-trtanslen: However, we.roservs the right-to inaease the-APRs on your Account ~~~~ bakmce of minimum payment due by the payment dw dots. See the DeFauIF Rab Plan section of d» Cardmsmbsr Agreement Tory ~ details. *'" ATTENTION •"* Your account is seriously past duo. Payment of the amourM dw and arnsngemsrrfs For fuluro PaYm~ should bs made immediately. 6011 0028 3022 3723 ~~Provioua I January 5, 2007 p~~ 6685.00 p 55,800.00 ~ ~ C 60 00 ~~ 6.2006 pogo 1 of 2 Transfers 63,000.00 ~ ~~s ~'~ Nsw Balance Cuf bock on mailbaoc cluticrl Sign up For Papcrless Statements and simplify the way you m ~ you an e-rrrai) os soon as your atatcmcrrt is avoik~le oniira. And, while you'ro at Discovcrc«,a~om, accourd. Ws U send quickly and cosily. Sign up of Dismwrcard.com/ps Y~ can pay your bill CARD ^~~ J~~u/yiV 1'ICVr~J p(~~~ I Account number ending in 3723 *.A Have a question? Talk to us. ~~ ' .. ~ There's no telling when you might have a question about ~: , ~ ~r your Account. Which is why we're here 24 hours a day, ~,~ ~ ~' ~ 7 days a week. Perhaps best of all, you'll be connected to one of our friendly, knowledgeable Customer Service Representatives in less than a minute. Real answers from real people. IYs just one of the ways we put you first. Call us at 1-80p-plSCpyER (t-800-347-2683). osooe a.~., sue, ~., rac Gosing Dats: December 6, 2006 page 2 of 2 Fi h nance C arge Summary Nominal Av~roge gaily ANNUAL Periodic ~~ pGE P ~ Transaction Periodic Fas current bring period: 30 days RA - ~~. Purchases X5982.12 0.05819% 21.24% V C`s~ ~YOnc~s s0 0 05819% 21.24% t 1 ~~~ none . 21.24% V Th. rahes that to aPpIY Yom' Account ors ei1Mr Fixed (F) or the ma 21.24% So So y y wry M as n QV h ? oted above. eS OnS Manage our acc t Di y ©un at scovercard.com r+r null 1_AM_MC/~A\ICn /1 nnn n ~-. ,. ~,, ,-, ,• VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification -based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff s Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. ~ ~ ~ ~ ~ .'s c J w ~'' 8~ ~. ot1 d 0 a t, f~ ~ ~N J c~ ~ ~ SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-05419 P COMMONTWEALTH OF PENNSYLVANIA ` COUNTY OF CUMBERLAND DISCOVER BANK VS PROPPS JILLIAN EILEEN 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 PROPPS JILLIAN EILEEN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT NOT FOUND as to PROPPS JILLIAN EILEEN 4185 MOUNTAIN VIEW DRIVE 104 MECHANICSBURG, PA 17050 PER POST OFFICE, DEFENDANT'S ADDRESS IS 178 YOUNGS CHURCH ROAD SHERMANSDALE, PA 17090 Sheriff ' s Costs : So answers.;...~~-> - Docketing Service ,~ 18.00 9 . 60 ~,. --~"~ -- ~~ ~ `~ `~ ~~ Not Found Q'p`f 5 . 0 0 -~ R . Thomas Kline Surcharge !D' ~ 10.00 Sheriff of Cumberland County Postage ~ .58 43.18 WELTMAN WEINBERG REIS 09/27/2007 Sworn and Subscribed to before me this day of , A.D. FROM FAX N0. /~LSep.25~ 20075 4:49PM 'Cumberland Co. Sheriff t~ o~ QCutn~er R 1h10MA8 kLINE SheAfl - ~DWAFiD L SCHORPP ~0~°~ OFFICE OF THE SHERIFF One Courthouse Square CarNsle, P®nMylvania 17013 ~. No. 6730 P. ~ RONNY R. ANbER80N grief Depvly JODY S. BMIT}i Real Estate Deputy ' ~~ o "t - A~eacy Control o. ~ 5. ~ ~ 7 To: Posbooastcr. - f D~ ~t~~c~- A ~z cs fj ~A'' j Address information Regneet ~ . - . ~lesee Siraish:tvis ggency with the new address, if avaiable, for t'he 9~llawlug individual yr ve~diy- a-hethee tba sddresc givna bolaav iA one at w~lcb~ ~at1 roc this individual is cutrentiy being cklivered, if the following address is a post office box, plosae ilanish'd~ atr4et addsesg ~ t~ecordsd on tho hox Midst's applicat~lna Rfxm Name: Last Known Addtuas: 8s'~ ~?' ~/i~•~ ~' /~'~ `~.`~ /~ y I cextify the addznes iafotmatiou for tbie mdividi~al is regttuod 6nr fhe pe~bnmaaca of thiq ~ency's official For post 011>Ice IIse Only ()Marl is deltve~red to address give. () Not Knows at Address Crcvcn - ()1~6oved, Loft No! Forwarding AddnRes Ncw Addreia ~ ~ c- r ~h? L4~._ 1 `7~~~ - ~ ~~~ () Np Such Addxedr () Other (~~') ,yatraoy Retorn Adlr]resa Box holders' Street Address Postmsrlc/DaEe Stamp Please fix results to the Cumberland Comaty Sheriff's Oftlca Number (T17) 240-6397 Address Ldormxtfon Request (Required format) - c~ bichibit352.4~b ~ ~/ Sep. 26 2007 11:02AM P1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JILLIAN EILEEN PROPPS Defendant No. 07-5419 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05758830 t'? r ~ ~ ~ a -rt , '' -n C_ -~ 1.r . _..:. _ ' ~ ..~.., ;~