HomeMy WebLinkAbout07-6851J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: 07- 6851 Civil-1 rn..
VS.
CORINNE D HEMPT
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
06259951 C A Pit WLG
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No
CORINNE D HEMPT
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:
CORINNE D HEMPT
3 FARMHOUSE LN
CARLISLE, PA 17013
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 6011298670182348 . 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 October 24, 2007 , in the amount of
$2486.31
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 , CORINNE D HEMPT INDIVIDUALLY , in the amount of
$2486.31 with interest at the legal rate of 6.000°6 per annum from date
of judgment plus attorneys' fees of $300.00 , and costs.
James C. armbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Se e th Avenue, Suite 2718
Pitts r h, PA 15219
(412) 43 -7955
FAX: 41 -338-7130
062 99 1 C A Pit WLG
This law firm is a debt collector att p ing to collect this debt for
our client and any information obtain will be used for that purpose.
JL Yoo 1 31 tnrer Amount tnclosed below *"• ?j 4wr3-?
r D
Payment Due Date
September 14, 2007 Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $462.00.
15 SDSN6A01 0009397
COR INNE HEMPT Manage your budget, track your spending
3 FARMHOUSE LN and avoid fees with FREE timely e-mail
reminders. To find out more, visit
CARLISLE PA 17013-8795 Discovercard.com/reminders
PO BOX 15251 111.11"1 i"11'1'111 1
WILMINGTON DE 19886-5251
Address, e-mail or telephone change? Print change in space 1.1111111 111 111 11 AllI111111111111111JilIII1111111111111111111
above, or go to Discovercard.com. Print your e-mail address to
receive important Account information and special offers.
000006011298670182348024863100000000248631
EXHIBIT Discover More Card Account Summary
Closing Date: August 15, 2007 page 1 of 1
Account number ending in 2348 Previous Balance $2,486.31
Payment Due Date September 14, 2007 Payments And Credits 0.00
Minimum Payment Due $2,486.31 Purchases + 0.00
Credit Limit $1,700.00 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 = $2,486.31
Cashback Bonus(" Opening Cashback Bonus Balance $
New Cashback Bonus Earned + 0.00
0.00
• Cashback-Bonus&Anniversary_ Cashback Bonus Balance $
. _ _ . $ _ _
_ _ _ A?caitable to..f;edeetn .. _ - . _ _ . _ -- 0.00
... O.OQ . _ _
October 15
Date:
How Can We Help You?
Please have your Discover Card available. For Account Inquiries, write to us at:
Discover More Card, PO Box 30943
Salt Lake City, UT 84130
Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deafl:
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: 31 days
Purchases $0 0.04792% 17.49% V 17.49% $0 none
Cash Advances $0 0.06299% 22.99% F 22.99% $0 $0
previous billing period: 15 days
Purchases $0 0.04792% 17.49% V 17.49% $0 none
The rates that apply to your Account are either fixed IF) 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 ZL?-exx xjk??6
(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.
Vignat)
WWR # 6259951
CORINNE D HEMPT
6011298670182348
G%i
4p- %
oe -,o
v? lic? ':'
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06851 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
HEMPT CORINNE D
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HEMPT CORINNE D the
DEFENDANT , at 1537:00 HOURS, on the 15th day of November-, 2007
at 3 FARMHOUSE LANE
CARLISLE, PA 17013
CORINNE HEMPT
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 4.80
Affidavit .00
Surcharge A% 10.00
00
32.80
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
11/16/2007
WELTMAN WEINBERG REIS
By. -7 _- ,/ ?
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
CORINNE D HEMPT
Defendant
No. 07-6851 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.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06259951
Judgment Amount S 2786.31
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. 07-6851 CIVIL TERM
CORINNE D HEMPT
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, CORINNE D HEMPT above named, in the default of an
Answer, in the amount of $2786.31 computed as follows:
Amount claimed in Complaint $2486.31
Interest from date of judgment
at the legal interest rate of 6% per annum
Attorney's fees $300.00
TOTAL $2786.31
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. MOLCZAN, E>gUIRE
PA I.D.#47437 ??
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06259951
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: 3 FARMHOUSE LN CARLISLE,PA 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 07-6851 CIVIL TERM
CORINNE D HEMPT
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on S" OD
(xx) Assumpsit Judgment in the amount
of $2786.31 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:
PROT NOTARYS
CORINNE D HEMPT
3 FARMHOUSE LN
CARLISLE,PA 17013
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
CIVIL DIVISION
DISCOVER BANK
Plaintiff
CORINNE D HEMPT
Defendant(s)
IMPORTANT NOTICE
TO: CORINNE D HEMPT
3 FARMHOUSE LN
CARLISLE,PA 17013
Date of Notice:
WWR#: 06259951
Case # of-6851 Q\)IL--
fy ro
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 : d V? 0-4 Ub bwy Vw°`'?~
PATRICK THOMAS WOODMAN
PA I.D. 434507
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.
CORINNE D HEMPT
Defendant
Case no: 07-6851 CIVIL TERM
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, CORINNE D
HEMPT 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, CORINNE D HEMPT is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWORN TO AND SUBSCRIBED in my presence this 17day
of fan O_.
A7
NARY PU LIC
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-16-2008 12:09:30
< Last Name First/Middle Begin Date Active Duty Status Service/Agency
HEMPT 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.
owt In
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/faq/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 1/16/2008
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: LXHZFSMIDE
https://www.dmde.osd.mil/scra/owa/scra.prc_Select 1/16/2008
n
w
`1
UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
~iC l.l"' C7" Y ,~" '';~Y
IN RE:
CORINNE D. HEMPT
Debtor/Movant
CORINNE D. HEMPT
Movant
v.
DISCOVER BANK
Respondent
IN BANKRUPTCY
BK. NO. 1-10-03836 MDF
CHAPTER 7 PROCEEDING
LIEN AVOIDANCE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-6851
2a14.1~;b 29 ~~~i Z~ t t
CUMNti.~ . 1.1,~I~,1MY
ORDER OF COURT VOIDING JUDICIAL LIEN
In consideration of the within Motion for Order Avoiding Judicial Lien, filed by Counsel for the
Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an
Order Avoiding Judicial Lien filed on May 21, 2010, and duly served upon the Respondent; therefore, the Court
orders judgment in favor of the Debtor/Movant, Corinne D. Hempt, and against the Respondent, Discover Bank, as
to the relief requested in the Motion.
IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is
hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(f)(1) and
interferes with l l U.S.C. Section 522(d).
By the Court,
Date: June 15, 2010
ChietBankrt~ptcy Judge
c~:t
This document is electronically signed and filed on the same date.
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Per
Case 1:10-bk-03836-MDF Doc 20 Filed 06/15/10 Entered 06/15/10 10:47:35 Desc
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