The URL can be used to link to this page

Home My WebLink About07-5943w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0 _5943 Cid1 t Term VS. CARL E ZIMMERMAN 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 06191528 C A Pit WLG r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No CARL E ZIMMERMAN 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: CARL E ZIMMERMAN 402 E MARBLE ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002670856129 . 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 $2149.98 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 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 , CARL E ZIMMERMAN INDIVIDUALLY , in the amount of $2149.98 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $300.00 , and costs. James 436 Pit (41 00 C. Warmbrodt,42524 N, WEINBERG & REIS CO., L.P.A. ve th Avenue, Suite 2718 ur h, PA 15219 4,4-7955 2-338-7130 28 C A Pit WLG This law firm is a debt collector att ting to collect this debt for our client and any information obtain d will be used for that purpose. VsZIk.,r,, ? V t K $2,149.98 C),R ) 08 SDSWA01 0006208 CARL ZIMMERMAN 402 E MARBLE ST MECHANICSBURG PA 17055-4265 Make a payment now or schedule one in advance. It's fast, easy, secure - and (reel Visit us today at Discovercard.com/payments E I j ? S PO BOX 15251 Address, e-mail or telephone change? Print change in space WILMINGTON DE 19886-5251 above, or go to Di scovercard.com. Print your e-mail address to receive important Account information and special offers. 000006011002670856129021499800000000214998 Discover More Card Account Summary Closing Date: July 8, 2007 page 1 of 1 A Account number ending in 6129 Previous Balance Payment Due Date August 7, 2007 Payments And Credits $2.149.98 Minimum Payment due $2,149.98 Purchases 0.00 Credit Limit $4,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Char es + 0.00 Cash Credit Available $0,00 g New Balance + 000 $2,149.98 Cashback Bonus® Opening Cashback Bonus Balance $ 000 New Cashback Bonus Earned + 000 Cashback Bonus vailable to Redeem ancs $ 0.00 Cashback Bonus® Anniversary A Date: April8 $ 0.00 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 Manage your account online at Discovercard.com Salt Lake City, UT 84130 MD (Tcomuntions vice the : Customer Service: 1.800-DISCOVER (1-800.347-2683) For ss i?staan ems er everseside. for D°ofl 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. `Xi? Finance Charge Summary Average Daily Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Transaction Fee c b ll a ces Rates RATES RATES FINANCE CHARGES FINANCE AGES urrent i ing period: 30 days Purchases Cash Advances $0 $0 0.07942% 28.99% F 28.99% $0 none previous billing period: 8 days 0.07942% 28.99% F 28.99% $0 $0 Purchases $0 0.07942% 28.99% F 28.99% The rates that apply to your Account are eith er fixed F or the may vary (V) as noted above. $2,149.98 I Enter Amount Enclosed Below Payment Due Date DUE IMMEDIATELY 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 5-? ?- a c j (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 # 6191528 CARL E ZIMMERMAN 6011002670856129 I .a -a 00 r.> J" Jm a (Cul SHERIFF'S RETURN - REGULAR CASE NO: 2007-05943 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS ZIMMERMAN CARL E 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 ZIMMERMAN CARL E the DEFENDANT , at 1550:00 HOURS, on the 15th day of October , 2007 at 402 E MARBLE STREET MECHANICSBURG, PA 17055 by handing to VICTORIA ZIMMERMAN WIFE 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 I1 00 J0?1p? 3 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/16/2007 WELTMAN WEINBERG REIS i, By. ty Sher A. D. , I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CARL E ZIMMERMAN Defendant No. 07-5943 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#06191528 Judgment Amount $ 2449.98 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 07-5943 CIVIL TERM CARL E ZIMMERMAN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, CARL E ZIMMERMAN above named, in the default of an Answer, in the amount of $2449.98 computed as follows: Amount claimed in Complaint $2149.98 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $300.00 TOTAL $2449.98 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: 1/, WILLIAM T. MOLf?LAN, ESQUIRE PA I.D.#47437 vv Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06191528 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 1.5219 And that the last known address of the Defendant is: 402 E MARBLE ST MECHANICSBURG,PA 17055 •1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case # ??- v,-pq3- 0VIL TF Q.M CARL E ZIMMERMAN Defendant(s) IMPORTANT NOTICE TO: CARL E ZIMMERMAN 402 E MARBLE ST MECHANICSBURG,PA 17055 Date of Notice: WWR#: 06191528 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 BY : ?U- u?i tc.._0"" C)00 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 Case no: 07-5943 CIVIL TERM Plaintiff vs. CARL E ZIMMERMAN Defendant NON-MILITARY AFFIDAVIT 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, CARL E ZIMMERMAN 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, CARL E ZIMMERMAN is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this ..Q3- day f COMMONWEALTH OF Er.'N' N.^ i,e'AAP NcAadai Se;7? Heidi J. Kefl Notiry P b li- ARY PUBLIC City OfPittsburgh,ai, , ,yCctsnty My Commission, E:xYire,? r'? +. 4, 'a009 Member, Pennsylvania A,ssoii,a So« of No aiies 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. Request for. Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JAN-03-2008 05:58:08 ' Last Name First/Middle Begin Date Active Duty Status Service/Agency ZIMMERMAN 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. A IA. 1jjj14, s tut /it A?M_ 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: hLp_//www.defenselink.mil/fad/pis/PC09SLDR.htmi 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 1/3/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided Report ID: GPSMEQRKEC https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/3/2008 • K sb C- D _e, N . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5943 CIVIL TERM CARL E ZIMMERMAN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ment was entered against you on 1.1 q DA (xx) Assumpsit Judgment in the amount of $2449.98 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: *ONOTARY PRO PUTY) CARL E ZIMMERMAN 402 E MARBLE ST MECHANICSBURG,PA 17055 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CARL E ZIMMERMAN Defendant No. 07-5943 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT P'A I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06191528 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-5943 CIVIL TERM CARL E ZIMMERMAN Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and subscribed before me this day of February, 0 N ARY PU C WELTMAN, WEINBERG & REIS CO., L.P.A. By: IV/ If' JAMES C RMBRODT PA 1. D #4 2 WELTM EINBERG & REIS CO., L.P.A. 2718 Ko per Building 436 Sev nth Avenue Pittsbu h, A 15219 (412) 34 955 WWR #06191528 v , .. ,. y -ublic city C: any county My Com r !ne 29, 2010 Member, Pear. ation of Notaries cra p - n 00 CDM 00 1 ? ? < -A