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HomeMy WebLinkAbout07-5790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 01- 6NO CWti7e i vs. HANY A ABDOU COMPLAINT IN CIVIL ACTION 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 06135984 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. HANY A ABDOU Defendant Civil Action No 0;7- S7g0 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 Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: HANY A ABDOU 300 N 2ND ST WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002460307234 . 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 September 19, 2007 , in the amount of $10047.23 . 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 , HANY A ABDOU INDIVIDUALLY , in the amount of $10047.23 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500`00 , and costs. BERG & REIS CO., L.P.A. T122 rodt,42524 venue, Suite 2718 A 15219 5 7130 Pit WLG This law firm is a debt collector atmpting to collect this debt for our client and any information obtai ed will be used for that purpose. J 1 LSd uu I triter Amount Inclosed v 143%0' ,:,. P 9 CR J I V,U4l.L3 C a a ° Payment Due Date July 9, 2007 Please make check payable to Discover Card. Minimum naymincludes a past due amount o $1,025.00. 10 SDSN6A01 0002605 !.) `Faperless Statements are a great way to HANY ABDOU keep track of your DiscoverO Card activity, 300 N 2ND ST and allow you to control when and where WORMLEYSBURG PA 17043-1103 you View your information. Visit Discovercard.com/ps PO BOX 15251 1111111111111111111111111111 WILMINGTON DE 19886-5251 Address, e-mail or telephone change? Print change in space 11111111111111111111 1111111111111111111111111111111111 I1I 11111 above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 000006011002460307234100472300000000128300 Discover More Card Account Summary Closing Date: June 10, 2007 Pagel of 2 Account Number 6011 0024 6030 7234 Previous Balance $9,726.89 00 0 Payment Due Date July 9, 2007 Payments And Credits . 78 00 Minimum Payment Due $1,283.00 Purchases . + 00 0 Credit Limit $8,600.00 Cash Advances . + 00 0 Credit Available $0.00 Balance Transfers . + 34 + 242 Cash Credit Limit $6,500.00 Finance Charges - _ . 23 047 = $10 Cash Credit Available $0.00 New Balance . , You may be able to avoid Periodic Finance Charges, see the reverse side for details. nus® k B hb C Opening Cashback Bonus Balance $00.00 ac as o New Cashback Bonus Earned Cashback Bonus Balance $ 5.57 Available to Redeem $ 0.00 Cashback Bonus® Since Anniversary-Date of November 10: $5.57 How Can We Hel You? For Account Inquiries, write to us at. P Discover More Card, PO Box 30943 Please have your Discover Card available. Salt Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaf): 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 Date Date Other/Miscellaneous Jun 10 Jun 10 OVERLIMIT FEE Jun 10 Jun 10 LATE FEE 39.00 39.00 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 to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases -and -balonce transfers, -Howeverwe reserve the-right-to-increase-the-AP-Rs on-your Account if you fail-to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. Soon we'll no longer be printing your full account number on your statement. It's just another way to keep your information safe. But of course, if for any reason you need your full account number, it'll still be right there on your card. EXHIBIT v???,µt v LM DISCOVeR CARD Y3 k 3 Real answers from real people. • When you have a question or concern about your .f • i y 1 Discover" Card Account, we're here. 24 hours a day, t 7 days a week. And you won't get caught in an endless automated voice loop-you'll be connected 3 ° to a friendly, knowledgeable Customer Service f ' s just one o Representative in less than a minute. It wt , " the ways we put you first. ? ?1F [ Call us at 1-800-DISCOVER (1-800-347-2683). (n2006 IN.-, Bank, Memh. FDIC Closing Date: June 10, 2007 page 2 of 2 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $327.16 0.07942% 28.99% F 28.99% $8.06 none Promotional Purchases $2065.28 0.07942% 28.99% F 28.99% $50.83 none Cash Advances $7451.21 0.07942% 28.99% F 28.99% $183.45 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Questions? Manage your account at Discovercard.com or call 1-800-DISCOVER (1-800-347-2683). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he/she is 26 1 Accounts Man ager 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 # 6135984 HANY A ABDOU 6011002460307234 Ti Q 1 fi W ?j my^ c: 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05790 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS ABDOU HANY 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 ABDOU HANY A but was unable to locate Him in his bailiwick. -1- T -TM , TT/lM'r t ITT He therefore returns the the within named DEFENDANT 300 N 2ND STREET ABDOU HANY A NOT FOUND , as to WORMLEYSBURG, PA 17043 PER CURRENT RESIDENT, DEFENDANT MOVED OUT 6 MONTHS AGO. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers Docketing 18.00 -= Service 15.36 Not Found 5.00 R. T as Kline Surcharge 10.00 Sheriff of 'Cumberland County .00 ll?(911?77 ? 48.36 WELTMAN WEINBERG REIS 10/11/2007 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 No: U7 - 5`190 Civil (e,rwl vs. HANY A ABDOU COMPLAINT IN CIVIL ACTION 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 06135984 C A Pit WLG NNA COPY FROM RECORD n Testimony whereof, l here undo set my hand ;nd this $eas of said court at Carlisle. Pa. othop t rv y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No HANY A ABDOU 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 Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: HANY A ABDOU 300 N 2ND ST WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002460307234 . 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 September 19, 2007 , in the amount of $10047.23 . 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 , HANY A ABDOU INDIVIDUALLY , in the amount of $10047.23 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. This law firm is a debt collector at our client and any information obtai James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pit s rgh, PA 15219 (41 ) 434-7955 F 412-338-7130 0 5984 C A Pit WLG mpting to collect this debt for ed will be used for that purpose. CARD 10 SDSN6A01 0002605 HANY ABDOU 300 N 2ND ST WORMLEYSBURG PA Payment Due Date $ July 9, 2007 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $1,025.00. ? ?? ?? 23 )C ,) r) `4erless Statements are a great way to keep track of your Discover® Card activity, and allow you to control when and where 17043-1103 you view your information. Visit Discover card.com/ps PO BOX 15251 1111191111111 WILMINGTON DE 19886-5251 Address, e-mail or telephone change$ Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 000006011002460307234100472300000000128300 Discover More Card Account Summary Closing Date: June 10, 2007 page 1 of 2 Account Number 6011 0024 6030 7234 Previous Balance $9,726.89 Payment Due Date July 9, 2007 Payments And Credits 0.00 Minimum Payment Due $1,283.00 Purchases + 78.00 Credit Limit $8,600.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $6,500.00 Finance Charges + 242.34 Cash Credit Available $0.00 New Balance - $10,047.23 You may be able to avoid Periodic Finance Charges, see the reverse side For details. Cashback Bonus® Opening Cashback Bonus Balance $ 5.57 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 5.57 Cashback Bonus® Since Anniversary-Date..... - . _ . ...Available to Redeem $ 0.000 of November 10: $5.57 How Can We Help You? For Account Inquiries, write to us at: Discover More Card, PO Box 30943 Please have your Discover Card available. Salt Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaf): Customer Service: 1-800-DISCOVER (1-800347-2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence Trans. Post Date Date Other/Miscellaneous Jun 10 Jun 10 OVERLIMIT FEE Jun 10 Jun 10 LATE FEE 39.00 39.00 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 to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases -and -balonca transfers. -However,-we reserve the-right-to-increase-the-APRs on-your Account if you fail-to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. Soon we'll no longer be printing your full account number on your statement. It's just another way to keep your information safe. But of course, if for any reason you need your full account number, it'll still be right there on your card. EXHIBIT ?.. ?_v¦wv? ?n .. ? CARD V Real answers from real people. When you have a question or concern about your Discover' Card Account, we're here. 24 hours a day, 7 days a week. And you won't get caught in an endless automated voice loop-you'll be connected to a friendly, knowledgeable Customer Service Representative in less than a minute. It's just one of the ways we put you first. Call us at 1-800-DISCOVER (1-800-347-2683). 62006 Di¦ r Bank, M.mb.r FDIC Closing Date: June 10, 2007 page 2 of 2 Finance Charge Summary Average Dail Daily P i di Nominal ANNUAL PERCE ANNUAL Periodic Transaction Fee y Balances er o c Rates NTAGE RATES PERCENTAGE RATES FINANCE FINANCE current billing period: 31 days CHARGES CHARGES Purchases $327.16 Promotional Purchases $2065.28 0.07942% 0.07942`Ya 28.99% F 28.99% F 28.99% 28.99% $8.06 $50 83 none Cash Advances $7451.21 0.07942% 28.99% F 28.99% . $183.45 none $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Questions? Manage your account at Discovercard.corn or call 1-800-DISCOVER (1-800-347-2683). ti VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he/she is 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 # 6135984 HANY A ABDOU 6011002460307234 ee ?? a° 1 QEE? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. HANY ABOU ABDOU Defendant No. 07-5790 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#06135984 ?M? n :' .. ... : 2! ??' . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5790 CIVIL TERM HANY ABOU ABDOU 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. Attorney or Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06135984 SWORN TO AND SUBSCRIBED ,-COMMONWEALTH OF PENNBYUTA A 6,7 NOWNSed r-? CD C`?