The URL can be used to link to this page

Home My WebLink About08-0352i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No : 08 _ 35a l iud -Term VS. COMPLAINT IN CIVIL ACTION STEVEN D BAKER 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 06307901 C A Pit WLG I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No STEVEN D BAKER 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 t 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: STEVEN D BAKER 117 PEACH LN CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002630283448 . 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 December 18, 2007 , in the amount of $13627.44 . 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 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 , STEVEN D BAKER INDIVIDUALLY , in the amount of $13627.44 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. James C. rmbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pittsb gh, PA 15219 (412) 34- 955 FAX: 12- 38-7130 0630 901 A Pit WLG This law firm is a debt collector attemot?g to collect this debt for our client and any information obtaine w 1 be used for that purpose. .v v ?! ? 161% O 13,027.44 $1,768.00 -masr ending in 3448 C A k D Enter Amount Enclosed Belo w Payment Due Date -`? October 12 20 O -- 13 SDSN6A01 0007605 , 07 Please make check payable to Discover Card. I Minimumpa1ment due includes a past due amounto f $ 457.00. , STEVEN BAKER 117 PEACH LN l rl Manage your budget track your CARLISLE PA 17015-7808 , spending rl C and avoid fees with FREE timely e-mail reminders. To find out more visit , Discovercard. com/reminders Address, e-mail or telephone change? Print chan i PO BOX 15251 WILMINGTON DE 19886-5251 ge n space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers . 00000601100263028344813627 4 400000000176800 Discover More Card Account S um mary Account number ending in 3448 Closing Date: September 13, 2007 a e 1 of 2 p g Payment Due Date October 12, 2007 Minimum Pa ment D Previous Balance Payments And Credits $13,253.75 y ue $1,768.00 Credit Limit $12 002 00 0.00 Purchases ' . Credit Available $0 00 Cash Advances + 78.00 . Cash Credit Limit $6 100 00 + 0.00 Balance Transfers + , . Cash Credit Available $0 00 0.00 finance Charges --- . ----- _ + 295.69 New Balance _ $13,627.44 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonus® Opening Cashback Bonus Balance New Cashback Bonus Earned $ 0.00 ± X00 Cashback Bonus® Anniversa Cashback Bonus Balance r' Available. to Redeem_ $ 0.00 Date: March 13 $ 0.00 How Can We Help You? For Account Inquiriss, write to us of Please have your Discover Card available. Discover More Card, PO Box 30943 Manage your account online at Diaovercard.com Salt Lake City, UT 84130 TDD Customer Service: 1.800.DISCOVER I1-800.347.2683 For asslssistonceco, se se i a r reverevers Device for the Deaf): For se side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Other/Miscellaneous Sep 13 Sep 13 OVERLIMIT FEE Sep 13 Sep 13 LATE FEE $ 39.00 Information For You 3900 ------------ 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 rote 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. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. Li Sri 1 ir? ? 1 r e+1rv14W V CR CARD 1614 ®r??K D15COVElz I Account number ending in 3448 Have a question? Talk to us There's no telling when you might have a question about your D scover' Card account. Which is why we're here 24 hours a day, 7 days a week. Perhaps best of all, you'll be connected to one of our friendly, knowledgeable Customer Service Representatives in less than a minute. Real answers from real people. It's just one of the ways we put you first. Call us at 1-800-DISCOVER (1-800-347-2683). 02007 Discover Bank, Memi»r FDIC ..........- .....................-......... .............._............ .........._........ Closing Date: September 13, 2007 page 2 of 2 Finance Charge Summary Average pail Nominal Dail Y ANNUAL ANNUAL Transaction y Periodic PERCENTAGE PERCENTAGE Periodic Fee Balance Rates RATES _ RATES _ FINANCE cHAR FINANCE current billing period: 31 days Purchases $3100.42 0.07121% 25.99% V Cash Advances $10295.86 0.07121% 25.99% V 25.99% The rates that aPPIY to your Account are either fixed (F) or they may vary (V) as noted above Questions? Manage your account at Discovercard.com or call 1-800-DISCOVER (1-800-347-9AR.11 $68.41 none $227.28 $0 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 Robert Adkins (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 # 6307901 STEVEN D BAKER 6011002630283448 b' 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00352 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK BAKER STEVEN D VS TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAKER STEVEN D the DEFENDANT at 1320:00 HOURS, on the 18th day of January 2008 at 117 PAECH LANE CARLISLE, PA 17015 STEVEN D BAKER by handing to 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 Service Affidavit Surcharge r/?/D8 So Answers: 18.00 6.72 .00 ?T 10.00 R. Thomas Kline .00 34.72 01/22/2008 WELTMAN WEIN13ERG REIS Sworn and Subscibed to before me this of By: day Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. STEVEN D BAKER Defendant No. 08-352 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06307901 Judgment Amount $ 15127.44 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 STEVEN D BAKER Defendant(s) IMPORTANT NOTICE TO: STEVEN D BAKER 117 PEACH LN CARLISLE,PA 17015 Date of Notice: WWR#: 06307901 case #('J8 - 5;Z CNit- 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 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-352 CIVIL TERM STEVEN D BAKER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, STEVEN D BAKER above named, in the default of an Answer, in the amount of $15127.44 computed as follows: Amount claimed in Complaint $13627.44 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1500.00 TOTAL $15127.44 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: W WILLIAM T. LCZAN, ESQUIRE PA I.D.#4743 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06307901 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 117 PEACH LN CARLISLE,PA 17015 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 08-352 CIVIL TERM Plaintiff VS. STEVEN D BAKER 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, STEVEN D BAKER 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, STEVEN D BAKER is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this day of ?l n,?V ?:, ,? , is a NO ARY PUBL cay+? a,rt f, , ;,P; ,,, C ;un, / Men)Lei, 3 . s 4 w,? _;:es 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 MAR-20-2008 07:04:14 'C Last Name First/Middle Begin Date Active Duty Status Service/Agency BAKER 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. )(h 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: bM://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 3/20/2008 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 IDRIVYSSKPMG https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/20/2008 A-5 6 c~ a Q ? -rt ? ?rn w yam?. N "??i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-352 CIVIL TERM STEVEN D BAKER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J gment was entered against you on (xx) Assumpsit Judgment in the amount of $15127.44 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: PRO ONOT DEP Y) STEVEN D BAKER 117 PEACH LN CARLISLE,PA 17015 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`s Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-352 CIVIL TERM STEVEN D BAKER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J dgment was entered against you on (xx) Assumpsit Judgment in the amount of $15127.44 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 ONOTA DE TY) ALAN MEGE 70 East Broad Street BETHLEHEM, PA 18018 Plaintiff's address is: C/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085