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Home My WebLink About07-5792D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: b`1- 579,' Civi to-r&-% VS. JANICE L SPAHR 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 06135220 C A Pit WLG IN THE COURT OF COMMON PLEASCIF C MBERS ON COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff vs. JANICE L SPAHR Defendant Civil Action No 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 GET OR TELEPHONE THE OFFICE SET HAVE A LAWYER OR CANNOT OUT ONE, GO TO FORTH BELOW TO FIND THIS OFFICE MAY BE ABLE IF YOU CANNOT AFFORD TO HIRE A LAWYER, TO PROVIDE YOU WITH ABOUT THAT NO MAY OFFER LEGAL SERVICES TO ELIGIBLE 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: JANICE L SPAHR 33 W LOCUST ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002907521470 . 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 $16060.24 . 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 $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 , JANICE L SPAHR INDIVIDUALLY , in the amount of $16060.24 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 a our client and any information obta James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev th Avenue, Suite 2718 P6 Pit sbu gh, PA 15219 (4 ) 34-7955 F 12-338-7130 0 13 220 C A Pit WLG pting to collect this debt for I ed will be used for that purpose. I DOOV tK $0.00 L $2,538.00 I Enter Amount Enclosed Below CARD Payment Due Date May 29, 2007 30 SDSN6A01 0004044 paperless Statements are a great way to JANICE SPANR keep track of your Discover@ Card activity, 33 W LOCUST ST and allow you to control when and where you view your information. Visit MECHANICSBURG PA 17055-6332 Discovercard.com/ps PO BOX 15251 WILMINGTON DE 19886-5251 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your a-mad address to receive important Account information and special offers. 000006011002907521470000000000000000253800 Discover More Card Account Summary Closing Date: April 30, 2007 page 1 of 1 Account Number 6011 0029 0752 1470 7 Previous Balance Payments And Credits $16,060.24 16,060.24 Payment Due Date May 29, 200 Purchases + 0.00 Minimum Payment Due $2,538.00 Cash Advances + 0.00 Credit Limit Credit Available $16,700.00 $0.00 Balance Transfers + 0.00 00 0 Cash Credit limit $8,500.00 ar es Finance Ch . + _ $0 00 Cash Credit Available $0.00 New Balance , ® Opening Cashback Bonus Balance Y v.vv Bonus New Cashback Bonus Earned _+0-00 Cashback Bonus Balance $ 0.00 -- - - - - - - - - Available-to Redeem- - - - - - . _ _ _ $ 0.00 -Cashback Bonus® Anniversary - - - - - - Date: October 20 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 Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ 16,060.24 EXHIBIT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE B a es Rates RATES RATES CHARGES CHARGES current billing period: 10 days Purchases $0 0.06299% 22.99% V 22.99% $0 none Cash Advances $0 0.05477% 19.99% F 19.999'0 $0 $0 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) of DFS Services LLC , plaintiff herein, that Accounts Manager (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 # 6135220 JANICE L SPAHR 6011002907521470 0 ca 0 00 Sb b - CIP) SHERIFF'S RETURN - REGULAR CASE NO: 2007-05792 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SPAHR JANICE L MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPAHR JANICE L the DEFENDANT at 1905:00 HOURS, on the 25th day of October , 2007 at 33 W LOCUST STREET MECHANICSBURG, PA 17055 by handing to 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 (lb 716 7 iZ 38 . 50 6 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/26/2007 WELTMAN WEINBERG /REI By: eputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JANICE L SPAHR Defendant No. 07-5792-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#06135220 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5792-CIVIL TERM JANICE L SPAHR 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 for Plaint' 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06135220 SWORN TO AND SUBSCRIBED before me this l 7 day of Ner- .2007 N ARY UBLI COMMONWEALTH OF PENNSYLVANIA Notarial at Why L. Gault, Notary Public City of Pittsburgh, Ailegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association or Notaries -Ti "'?E n "'e'..