HomeMy WebLinkAbout03-6238BU: E:'ie M. Berman~ E~quire, I.D. 83698
Bi': Robert M. tline, Es~uire,I.I)_ 58479
2,-~ A] len~Jale Road, Suite 306~
(6~10) 265-7720
DISCOVER ~ANK
c/o ERIC M. BERMAN,
i98 Aliendale Road,
King of Prussia, PA
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
: TRIAL DIVISION
Suite 308 :
19406 : CIVIL ACTION
Term
JAMES C BRINER
443 N PITT ST APT I
CARLISLE, PA 170lib 1946
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 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 this
complaint or for any other claim or relief required 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 (DR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 'rEiS
OFFICE CAN PROVIDE YOU WITH INFORMATION A~DUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO P~)VIDE ~)U WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERENCE SERVICE
COUNTY OF CUMBERLAND BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
800-990-9108
Our File No. 175594
ATTORNEYS FOR PLAINTIFF
ERIC M. BERMAN, P.C.
BY: Eric M. Berman, Esquire, I.D. 83698
BY: Robert M. Kline, Esquire,I.D. 56479
198 Allendale Road, Suite 306
King of Prussia, PA 19406
(610) 265-7720
DISCOVER BANK
c/o ERIC M. BERMAN, P.C.
198 Allendale Road, Suite 306
King of Prussia, PA 19406
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
CIVIL ACTION
Term
No. 02 --
JAMES C BRINER
443 N PITT ST APT I
CARLISLE, PA 17013 1946
COMPLAINT
1. Plaintiff, DISCOVER BANK ,
is a DELAWARE STATE BANK
authorized to do business in the Commonwealth of Pennsylvania with
its place of business at 3311 MILL MEADOW DRIVE, HILLIARD, OH 43026.
2. The Defendant(s), JAMES C BRINER ,
resides at 443 N PITT ST APT I , CARLISLE, PA 17013-1946.
3. There is due from the Defendant(s) the sum of $8,539.32 for
credit e×tended by Plaintiff to Defendant(s), acct. no. 6011002415521392,
and ~ich such credit was drawn and used by the Defendant(s).
Defendant(s} is in default for failure to make payments for such use.
4. The Plaintiff has made demand upon the Defendant[s) for payment
of monies ii1 the sum of $8~539.32 advanced to Defendant[s) through
Defendant(s) use of the above-referenced credit account, but Defendant(s}
has failed and refused to pay the said stun or any part thereof.
5. All applicable credits, if ally, have been duly applied to
Defendant(s) credit account.
WHEREFDRE, Plaintiff claims of the Defendant(s) the sum of $8,53~.332
plus interest, attorneys fees and costs which are justly due and
owing from the Defendant(s) to the Plaintiff.
Dated: OCTOBER 17, 200;3
ERIC M. BE~{MAN, P.C.
/ ?
ERIC ~RMAN,. _ EoQUIRE
BY:
ROBERT M. KLINE ESQUIRE
SPACEBNW-ZN Attorneys for Plaintiff
VERI FI CAT I ON
Eric M. Berman, Esquire, being duly sworn according to law,
deposes and says that he is the Principal attorney of Eric M.
Berman, P.C., attorneys for the Plaintiff, and/or Robert M. Kline,
Esquire, being duly sworn according to law, deposes and says that
he is an associate attorney with said firm, and as said attorney,
is authorized to take this verification on its behalf, and that the
facts in the Complaint as set forth therein are true and correct to
the best of his knowledge, information and belief.
I verify that the statements made in the within instrument are
true and correct. I understand that false statements are subject
to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn
falsifications to authorities.
ERIC M. BERMAN, ESQUIRE
Dated: OCTOBER 17, 2003
ROBERT M. KLINE~ ESQUIRE
SPACEBNW-ZN
SHERIFF'S RETURN
CASE NO: 2003-06238 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
BRINER JAMES C
REGULAR
ROBERT BITNER
Cumberland County,Pennsylvania,
says, the within NOTICE
BRINER JAMES C
DEFENDANT , at 0021:17 HOURS,
at 443 N PITT ST APT I
CARLISLE, PA 17013
JAMES BRINER
a true and attested copy of NOTICE
COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 3rd day of December , 2003
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this I_O~ day of
' ;Prothonotary ' --
So Answers ~
R. Thomas Kline
12/04/2003
ERIC BERMAN
Deputy She~Vfff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK
Plaintiff
JAMES C. BRINER
Defendant
No. 03-6238
CIVIL ACTION - LAW
NOTICE TO PLEAD
To:
DISCOVER BANK
c/o ERIC M. BERMAN, P.C.,
ATT: ERIC M. BERMAN, Esquire
198 Allendale Road, Suite 306
King of Prussia, PA 19406
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
ANSWER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE
ENTERED AGAINST YOU.
Re pectfully Submitted,
DEFENDANT, PRO SE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK :
Plaintiff :
JAMES C. BRINER :
Defendant :
No. 03-6238
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO COMPLAINT
AND NOW, comes Defendant, JAMES C. BRINER, Pro Se, and files his
Answer To Complaint as follows:
1. Admitted.
2. Admitted.
3. Denied. Defendant has insufficient facts to admit or deny
the existence or accuracy of the alleged amount due in Plaintiff's
Complaint, paragraph 3 and demands strict proof thereof.
4. Denied. It is denied that Defendant has "failed and
refused to pay..." Specifically, Defendant has retained the services
of a debt management company and has attempted to negotiate payments
with plaintiff.
debt and rather than
reasonable and workable
opportunity to recover
Plaintiff has refused to negotiate the terms of the
work amicably with defendant to assure a
payment schedule that affords plaintiff the
the amount loaned and insure that defendant
remains employed, plaintiff has instead chosen to seek redress in the
forum.
5. Denied. Defendant has insufficient facts to admit or deny
the balance on the account and whether all applicable credits have
been applied as
thereof.
WHEREFORE, Defendant JAMES
Plaintiff and in his favor.
alleged in paragraph 5 and demands strict proof
C. BRINER demands judgment against
Respectfully submitted,
I
DEFENDANT, PRO SE