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Home My WebLink About07-5939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: eq-5g39 eivi ( Trm vs. COMPLAINT IN CIVIL ACTION ANITRA N BOYAGODA 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 06191560 C A Pit WLG I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ANITRA N BOYAGODA 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 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: ANITRA N BOYAGODA 713 FLORENCE CIR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002760769463 . 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 26, 2007 , in the amount of $2061.38 . 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 $300.00 . 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 , ANITRA N BOYAGODA INDIVIDUALLY , in the amount of $2061.38 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $300.00 , and costs. James armbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 2718 Pitt bur h, PA 15219 (41 4 4-7955 FAX. 4 2-338-7130 06 91 60 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. CA 2D 15 SDSN6A01 0006240 ANITRA BOYAGODA 713 FLORENCE CIR MECHANICSBURG PA y?,vu ,.w i 4A,vu 1.00 I CnTer ^mounr enciosea i5elow Payment Due Date $ August 14, 2007 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $479.00. Make a payment now or schedule one in advance. It's fast, easy, secure - and (reel Visit us today at 17050-2212 Discovercard.com/payments E?( 9 ', PO BOX 15251 /0 v1 ® WILMINGTON DE 19886-5251 Address, e-mail or telephone change? Print change in space - above, or go to A.com. Print your e-mail address to receive important t Account unt information and special offers. 000006011002760769463020613800000000206138 Discover More Card Account Summary Closing Date: July 15, 2007 page 1 of 1 Account number ending in 9463 Previous Balance $2,061.38 Payment Due Date August 14, 2007 Payments And Credits 0.00 Minimum Payment Due $2,061.38 Purchases + 0.00 Credit Limit $1,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $2,061.38 Cashback Bonus' Opening Cashback Bonus Balance $ 0.00 G New Cashback Bonus Earned + 0.00 Gas & Auto Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Available to Redeem $ 0.00 Date: November 15 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 (1-800-347-2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover 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 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 balance 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. 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: 30 days Purchases $0 0.06641% 24.24% V 24.24% $0 none Cash Advances $0 0.06299% 22.99% F 22.99% $0 $0 previous billing period: 15 days Purchases $0 0.06641% 24.24% V 24.24% $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 isr (Name) Accounts Managyer 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. 4(siYe) WWR # 6191560 ANITRA N BOYAGODA 6011002760769463 # ?^-? '? ? t77 v rr ?? ?.??.r C4') L ? ^,; -,,,_ 1 ? ? C7 cn .? V SHERIFF'S RETURN - REGULAR CASE NO: 2007-05939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS BOYAGODA ANITRA N SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOYAGODA ANITRA N the DEFENDANT , at 1841:00 HOURS, on the 18th day of October , 2007 at 713 FLORENCE CIRCLE MECHANICSBURG, PA 17050 ANITRA BOYAGODA 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 9.60 Affidavit .00 Surcharge 10.00 00 11 Al A 7 37. 6 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/19/2007 WELTMAN WEINBERG REIS By. Deputy She i f A.D. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ANITRA N BOYAGODA Defendant No. 07-5939 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06191560 Judgment Amount $ 2361.38 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5939 CIVIL TERM ANITRA N BOYAGODA Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ANITRA N BOYAGODA above named, in the default of an Answer, in the amount of $2361.38 computed as follows: Amount claimed in Complaint $2061.38 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $300.00 TOTAL $2361.38 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. MOL?tAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06191560 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 713 FLORENCE CIR MECHANICSBURG,PA 17050 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 07-5939 CIVIL TERM ANITRA N BOYAGODA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord r Judgment was entered against you on '?QQ (xx) Assumpsit Judgment in the amount of $2361.38 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If 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: PROTH NOTARY (OR DEPUTY) ANITRA N BOYAGODA 713 FLORENCE CIR MECHANICSBURG,PA 17050 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL DIVISION DISCOVER BANK Plaintiff Case # 0- 5b I C ML 7U-M ANITRA N BOYAGODA Defendant(s) IMPORTANT NOTICE TO: ANITRA N BOYAGODA 713 FLORENCE CIR MECHANICSBURG,PA 17050 Date of Notice: (? - 3 '"ate WWR#: 06191560 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 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ANITRA N BOYAGODA Case no: 07-5939 CIVIL TERM NON-MILITARY AFFIDAVIT Defendant 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, ANITRA N BOYAGODA 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, ANITRA N BOYAGODA is not in the military service. Further Affiant sayeth naught. /'/. lkive? AFFIA T SWORN TO AND SUBSCRIBED in my presence this 7 day of. Qc TIC A Y PUBLIC 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. 00lviivjoigVVEAL7H OF PENNS'rNotarial Seal Heidi J. Kelly, Notary Public City of Pittsburgh, Allegheny Cc. My Commission Expires Nov. 4, r:? .. _ Member, Pennsylvania Association of Noiaf Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-03-2007 08:31:53 ?< Last Name First/Middle Begin Date Active Duty Status Service/Agency BOYAGODA 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/fac/pis/PC09SLDR.html 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 12/3/2007 Request for Military Status Page 2 of 2 iby the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BDPKJQTFOPU https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/3/2007 W co l F N W X- rT ^r, ?j t'rS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F" ED-T OFFICE bi H E P R 0 H 0 NO TIA E Jody S Smith T Chief Deputy 2013 APR -5 PM 3: 52 Richard W Stewart Solicitor O"CE OF THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA Discover Bank Case Number vs. 2007-5939 Anitra N Boyagoda SHERIFF'S RETURN OF SERVICE 09/20/2012 10:00 AM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on September 20,2012 at 1000 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit:Anitra N. Boyagoda, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, by handing to Maddie Baughman, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 28, 2012 to Anitra N. Boyagoda at 713 Florence Circle, Mechanicsburg, PA 17050. 04/05/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $92.01 SO ANSWERS, April 05, 2013 RONR?R WERSON, SHERIFF kL� C� ec)(auntySulta Sneritureloosoft,Inc. .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5939 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due DISCOVER BANK, Plaintiff(s) From ANITA N BOYAGODA,713 Florence Cir,Mechanicsburg,PA 17050 (1)You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: METRO BANK,20 Noble Blvd,Carlisle,PA 17013 and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $785.38 L.L.$.50 Interest -- $575.78 Atty's Comm % Due Prothy $2.25 Atty Paid $161.60 Other Costs Plaintiff Paid Date: 9/17/12 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: WILLIAM T.MOLCZAN,ESQUIRE Address: WELTMAN,WEINBERG&REIS CO.,LPA TRIBE COPY FROM`RECORD 1400 KOPPERS BUILDING In Teeftift—a ewafj l lme unto set my lwnd 436 SEVENTH AVENUE stCarb".lam. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No.47437