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Home My WebLink About07-5940IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION r I:. I, DISCOVER BANK Plaintiff No: 0,1-59gb 0,iv!(Term vs. LINDA L DIEHL 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 06135008 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LINDA L DIEHL 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: LINDA L DIEHL 112 WINSTON DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002070739990 . 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 21, 2007 , in the amount of $12341.47 . 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 , LINDA L DIEHL INDIVIDUALLY , in the amount of $12341.47 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. James C ,Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pi sb gh, PA 15219 (4 2) 34-7955 F 12-338-7130 613 008 C A Pit WLG This law firm is a debt collector a Ved pting to collect this debt for our client and any information obta will be used for that purpose. 90F14%.91 "IV F-M CARD SU.UU $2,429.00 Payment Due Date May 29, 2007 EXIM BI 30 SDSN6A01 0003833 LINDA DIEHL 112 WINSTON DR MECHANICSBURG PA 17055-3530 Enter Amount Enclosed Below Paperless Statements are a great way to keep track of your Discover@ Card activity, and allow you to control when and where yu view your information. Visit Tscovercard.com/ps PO BOX 15251 [1111111111111 11 WILMINGTON DE 19886-5251 Address, e-mail or telephone change? Print change ins ce above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 000006011002070739990000000000000000242900 Discover More Card Account Summary Closing Date: April 30, 2007 page 1 of 1 'Account Number 6011 0020 7073 9990 Previous Balance $12,341.47 Payment Due Date May 29, 2007 Payments And Credits - 12,341.47 Minimum Payment Due $2,429.00 Purchases + 0.00 Credit Limit $10,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $5,000.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $0.00 ;Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Available to, Redeem _ $ 0.00 Date: November 26 How Can We Help You? For Account Inquiries, write to us at, Please have your Discover Card available. Discover More Card, PO Box 309,43 Solt Lake City, UT 8,4130 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 $ -12,341.47 '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: 4 days Purchases $0 0.07737% 28.24% V 28.24% $0 none Cash Advances $0 0.07737% 28.24% V 28.24% $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 Z fj1Yi(, (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 # 6135008 LINDA L DIEHL 6011002070739990 v ..o J ?.' C=P j r -v te, c DO C- C.-n. C(A) SHERIFF'S RETURN - REGULAR CASE NO: 2007-05940 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DIEHL LINDA L 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 DIEHL LINDA L the DEFENDANT at 1353:00 HOURS, on the 12th day of October , 2007 at 112 WINSTON DRIVE 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: So Answers: Docketing 18.00 0 r L Service 15 .36 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 llJ6?,07 ?- ? 43.36 10/15/2007 WELTMAN WEINBERG EIS Sworn and Subscibed to By: before me this day Deputy Sheriff' of A.D. t ?, tr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LINDA L DIEHL Defendant No. 07-5940 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#06135008 IL r `^ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5940 CIVIL TERM LINDA L DIEHL 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. av Attorney for Plaintiff " / 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06135008 SWORN TO AND SUBSCRIBED COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries before me this 1- day r? c C= _r ter: :a c r, -i ??Yl/