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Home My WebLink About07-5941 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 07-5qq / bvi I err vs. TRAVIS ERB 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 06191251 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No TRAVIS ERB 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 I 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: TRAVIS ERB 4740 BRIAN RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002097574677 . 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 $9061.33 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 V 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 , TRAVIS ERB INDIVIDUALLY , in the amount of $9061.33 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 ) 34-7955 F 12-338-7130 0 19 251 C A Pit WLG This law firm is a debt collector at our client and any information obtai ting to collect this debt for will be used for that purpose. vlJt.". \/ r-K ' CARD . Y 22 SDSN6A01 0005932 TRAVIS ERB 4740 BRIAN RD MECHANICSBURG PA $9,061.33 I $9,061.33 I Enter Amount Enclosed Below Payment Due Date $ -? August 21, 2007 Please make check payable to Discover Card. Minimum payment due includes a past due amount oF$1,656.00. 17050-3086 Address, e-mail or telephone changet Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Make a payment now or schedule one in advance. It's fast, easy, secure - and freel Visit us today at Discovercard.com/payments PO BOX 15251 WILMINGTON DE 19886-5251 I1rJILL?I??1111111111111 l,ImIII IIIL???ILLI????IIIJrJ 000006011002097574677090613300000000906133 Discover More Card Account Summary Closing Date: July 22, 2007 page 1 of 1 Account number ending in 4677 Previous Balance $9 061 33 Payment Due Date August 21, 2007 Payments And Credits , . 000 Minimum Payment Due $9,061.33 Purchases Credit limit $7,600.00 Cash Advances + 0.00 + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $0.00 Finance Charges . + 000 Cash Credit Available $0.00 New Balance $9,061.33 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 bate: May 22 How Can We Help You? For Account Inquiries, write to us at: Please have your Discover Card available. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discowrcard.com TDD (Telecommunications Device for the Decio: Customer Service: 1.800-DISCOVER (1.800.347.2683) For assistance, see reverse side. ransactions $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. e.'IBIT ! 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 CHARGES FINANCE CHARGES current billing period: 30 days Purchases $0 Cash Advances $0 0.04723% 0.05751% 17.24% V 20.99% F 17.24% 20 99% $0 $0 none Balance Transfers $0 0.04723% 17.24% V . 17.24% $0 $0 $0 previous billing period: 22 days Purchases $0 0.04723% 17.24% V 17.24% $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 unworn falsifications to authorities, that he/she is A44?6 v (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 # 6191251 TRAVIS ERB 6011002097574677 Z o-o ?n' CP r" # -? SHERIFF'S RETURN - REGULAR CASE NO: 2007-05941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS ERB TRAVIS 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 ERB TRAVIS the DEFENDANT , at 2045:00 HOURS, on the 18th day of October , 2007 at 4740 BRIAN ROAD MECHANICSBURG, PA 17050 by handing to TRAVIS ERB a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.48 Affidavit .00 Surcharge 10.00 .00 /(1b/ /b 7 4 0 .4 8 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/19/2007 WELTMAN WEINRRRn RRTC B of A.D F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS ERB Defendant No. 07-5941 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#06191251 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRAVIS ERB Defendant Civil Action No. 07-5941 CIVIL TERM 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. JA/ By: Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06191251 SWORN TO AND SUBSCRIBED before me this as day of t _ NOTARY PUBLIC CF C:> 0 -C .,?,w.nw+r a?Mti? . ..? t r .. r