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HomeMy WebLinkAbout07-5942 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 07- 59Q CiVi l Terr?? VS. COMPLAINT IN CIVIL ACTION HELEN E GIBBLE 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 06191553 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No HELEN E GIBBLE 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: HELEN E GIBBLE 151 N BEDFORD ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002750761827 . 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 $5660.28 . 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 $1000.00 1' 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 , HELEN E GIBBLE INDIVIDUALLY , in the amount of $5660.28 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. armbrodt,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Sev h Avenue, Suite 2718 James C)3-7955 Pittsb , PA 15219 (412) FAX: 138-7130 0619 55 A Pit WLG This law firm is a debt collector attemktdng to collect this debt for our client and any information obtaine ill be used for that purpose. Z)'`?.' +l uL"w $5,660.28 I $581.00 I Enter Amount Enclosed Below C, Rr Payment Due Date August 11, 2007 12 80SN6A01 0006233 HELEN GIBBLE 151 N BEDFORD ST CARLISLE PA 17013-2437 Address, e-mail or telephone changelt Print chonge in y ace above, or go to Discovercard.com. Print your e-mail address to •eceive important Account information and special offers. X V.4?* S Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $660.28. 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 ??Inr??nnn?lnlr??nr?? WILMINGTON DE 19886-5251 000006011002750761827056602800000000058100 Discover More Card Account Summary Closing Date: July 12, 2007 page 1 of 1 Account number ending in 1827 Previous Balance $5 450 91 Payment Due Date August 11, 2007 Payments And Credits , . 0 00 Minimum Payment Due $581.00 Purchases . + 78 00 Credit Limit $5,000.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $2,500.00 Finance Charges . + 131 37 Cash Credit Available $0.00 New Balance . = $5,660.28 You may be able to avoid Periodic Finance Charges, see the reverse side for details. 'Cashback Bonus® Opening Cashback Bonus Balance $ 13.41 New Cashback Bonus Earned + 0,00 Cashback Bonus Balance $ 13.41 Cashback-Bonus® Anniversary Available to Redeem $ 0.00 Date: May 12 How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card evadable. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovercard.com MD (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 Jul 12 Jul 12 OVERLIMIT FEE $ 39.00 Jul 12 Jul 12 LATE FEE 39.00 Information For You * * * 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. Finance Charge Summary Nominal Average Daily ANNUAL ANNUAL Periodic Daily Periodic PERCENTAGE PERCENTAGE FINANCE Transaction Fee FINANCE .Balance s Rates RATES RATES CHARGES CHARGES current billing period: 30 days "urchases $2660.25 0.07942% 28.99% F 28.99% $63.37 Cash Advances $2853.89 0.07942% 28.99% F 28.99% $68.00 none $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 unworn falsifications to authorities, that he/she is _ \k )6P_. 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. bv?? (Signature) WWR # 6191553 HELEN E GIBBLE 6011002750761827 00 ? 7? T« N d f '? 0 C7 f C ? -•C C(P SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05942 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS GIBBLE HELEN E 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 GIBBLE HELEN E but was unable to locate Her COMPLAINT & NOTICE in his bailiwick. He therefore returns the the within named DEFENDANT GIBBLE HELEN E , NOT FOUND , as to 151 N BEDFORD STREET CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. DEFENDANT HAS PO BOX AT MCCONNELLSBURG, PA 17322. Sheriff's Costs: So answers- ?/ ??'" Docketing 18.00 Service 4.80 Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County 111DI)DI 00 V' 37.80 WELTMAN WEINBERG REIS 10/22/2007 Sworn and Subscribed to befo re me this day of , A.D. ,Oct. 15. 2007 4:OOPM Cumberland Co. Sheriff o??t? of QLumberl? R. THOMAS KUNE Shedff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 No, 7384 P. 1 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy To: Postmaster Agency Control To. ' 7 - 5 ? y a COO + S Date: ! v . Address Information Request Mean furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the box holder's application form. Name: l?? N G- / Gz C Last Known Address: jplw I certify the address information for this individual is required for the performance of this agency's official duties. (Signs f Agency Official) (Title) For Post OMce Use Only () Mail is delivered to address given. Ne-ww Address r ? () Not Known at Address Given 100 Moved, Left No Forwarding Address AliC c awCU -S- 196) P,' I '7 3 Yd.• () ?. () No Such Address ( ) Other (Specify) Box holders' Street Address Agency Return Address Postmarkmate Stamp Please fax results to the Cumberland County Sheriff's Office. Number (717) 240-6397 Address Information Request (Required format) Exhibit 352.44b L 4 ERLAND COUNTY, PENNSYLVANIA CLIMB COURT OF COMMON PLEAS OF IN THE CIVIL DIVISION DISCOVER BANK No: (,ijl( `fer( plaintiff vs. HELEN E GIBBLE Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF plaintiff COUNSEL OF RECORD OF THIS PARTY' Warmbrodt,42524 L.p,A James C- WEINBERG & REIS CO., WELTMAN, Avenue, Suite 2718 436 Seventh PA 15219 pittsburgh7955 (412) 434-7955 FAX; 412-338- 06191553 C A Pit WLG Fpy r-Raw, whereof 1 here unto set to All rt at WNW od 0*1 aeaE of said Cou nNowL tMf?i 1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No HELEN E GIBBLE 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 1 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: HELEN E GIBBLE 151 N BEDFORD ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002750761827 . 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 $5660.28 . 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 $1000.00 u 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 , HELEN E GIBBLE INDIVIDUALLY , in the amount of $5660.28 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James C. WELTMAN 436 Sev Pittsb z (412) 3 FAX: 12 0619 553 armbrodt,42524 EINBERG & REIS CO., L.P.A. h Avenue, Suite 2718 , PA 15219 -7955 338-7130 C A Pit WLG This law firm is a debt collector attemiti'ng to collect this debt for our client and any information obtaine ill be used for that purpose. u1br.C vLK $5,660.28 $581.00 CARD Payment Due Date August 11, 2007 12 SDSN6A01 0006233 HELEN GIBBLE 151 N BEDFORD ST CARLISLE PA 17013-2437 Address, e-mail or telephone changel' Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Enter Amount Enclosed Below $ 1 1 Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $660.28. Make a payment now or schedule one in advance. It's fast, easy, secure - and freeI Visit us today at Discovercard.com/payments PO BOX 15251 111111111111111111111 11111111 WILMINGTON DE 19886-5251 1111 1111111111 111131111111111111111111111111 11111 000006011002750761827056602800000000058100 Discover More Card Account Summary Closing Date: July 12, 2007 page 1 of 1 Account number ending in 1827 Previous Balance $5,450.91 Payment Due Date August 11, 2007 Payments And Credits 0.00 Minimum Payment Due $581.00 Purchases + 78.00 Credit Limit $5,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $2,500.00 Finance Charges + 131.37 Cash Credit Available $0.00 New Balance $5,660.28 You may be able to avoid Periodic Finance Charges, see the reverse side for details. :Cashback Bonus® Opening Cashback Bonus Balance $ 13.41 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 13.41 Cashback-Bonus* Anniversary Available to Redeem_ $ 0.00 Date: May 12 How Can We Help You? For Account Inquiies, write to us at Please have your Discover Card avaiable. Discover More Card, PO Box 30943 Sak Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaf): Customer Service: 1-800-DISCOVER (1-8M347-2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Data Dale Other/Miscellaneous Jul 12 Jul 12 OVERUMIT FEE $ 39.00 Jul 12 Jul 12 LATE FEE 39.00 ;Information For You * * * 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. Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily l B Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE a ances Rates RATES RATES CHARGES CHARGES current billing period: 30 days Purchases $2660.25 0.07942% 28.99% F 28.99% $63.37 none Cash Advances $2853.89 0.07942% 28.99% F 28.99% $68.00 $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 unworn falsifications to authorities, that he/she is ? ?)-Q-n Of (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. R-)Q?M (Signature) WWR # 6191553 HELEN E GIBBLE 6011002750761827 Y?l 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. HELEN E GIBBLE Defendant No. 07-5942 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06191553 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5942 CIVIL TERM HELEN E GIBBLE 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 2718 Ko 436 Sevi (412 SWORN TO AND SUBSCRIBED rs Building h Avenue , PA 15219 -7955 191553 before me this 29' day of ? , 2 8 N ARY PUBL? r,; Cou Lwzu?;L' y Public ; iJ1 729, AA arnbu, f'enr ., .;;,'rion of N041r*# r-3 C 7 ? as ?