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HomeMy WebLinkAbout08-03534 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 1)8- ,2>55 OAv;t7,p-rr- VS. COMPLAINT IN CIVIL ACTION C LOURE CIOTOLA 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 06362802 C A Pit WLG 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No C LOURE CIOTOLA 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: C LOURE CIOTOLA 530 S BEDFORD ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002110277555 . 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 $3075.20 . 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 $500.00 4 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 , C LOURE CIOTOLA INDIVIDUALLY , in the amount of $3075.20 with interest at the legal rate of 6.000t per annum from date of judgment plus attorneys' fees of $500.00 , and costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 4 4-7955 F 4 2-338-7130 0 362 02 C A Pit WLG This law firm is a debt collector aVte ting to collect this debt for our client and any information obta d will be used for that purpose. kw%O r CK $3,075.20 $3 075 -j" wumoer ending in /105 CARL I ,.20 .,? Infer Amount Enclosed Below Payment Due Date $ November 14, 2007 Please make check payable to Discover Card. Minimum ayyment due includes a post due 15 SDSN6A01 0005550 amount ofp$498.00. ' C CI OTO LA Make payments on your schedule, in 530 S BEDFORD ST advance or on the same day as your due CARLISLE PA 17013-3901 date. Visit DISOOVeroard.oom/payments to make an online payment today. PO BOX 15251 Ill,,,llnn„11,1,1„I„11 Address, e-mail or telephone change? Print change ins ce WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your e-mail add ess to receive important Account information and special offers. 000006011002110277555030752000000000307520 Discover Card Account Summary Closing Date: October 15 2007 Account number ending in 7555 , page 1 of 1 Payment Due Date Minimum Pa ment D November 14, 2007 Previous Balance Payments And Credits $3,075.20 y ue Credit Limit $3,075.20 $1 300 00 Purchases 0.00 00 + 0 Credit Available , . $0.00 Cash Advances Balance Tr f ' + 0'00 Cash Credit Limit Cash Credit Available $0.00 $0 00 ans ers Finance Charges + 0.00 + . New Balance 0.00 _ $3,075.20 Cashback Bonus® Cashback Bonus® Anniversary Date: February 15 How Can We Help You? Please have your Discover Card available. Manage your account online at Discovercard'cam Customer Service: 1-800-DISCOVER (1-800-347.2683) Opening Cashback Bonus Balance $ 000 New Cashback Bonus Earned + 000 Cashback Bonus Balance $ 0.00 Available to-Redeem $ 0.00 For Account Inquiries, write to us at. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 MD (Telecommunications Device for the Deaf): For assistance, see reverse side. LX111bid R ons? Finance Charge Summary Average Daily Dail Y Periodic B lances Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE Periodic F Transaction Fee Rate_ s current billing period: 15 days RATES RATES INANCE C ARG S FINANCE CHARGES 'Purchases $0 0.06847% Cash Advances $0 2499% F 24.99% $0 0.06847% previous billing period: 3 days 24.99% F 24.9990 $0 none $0 'Purchases $0 0.03559% 12.99% F 12.99% The rates that apply to your Account are either fixed (F) or the y may vary (V) as noted above. Wish you could sort these purchases by amount descri tio , p n or category? You can - register at Discover card.com your purchases online as for back as 12 months. Learn mnrn m ni-,,,,er..,.. r to view VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn 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 # 6362802 C LOURE CIOTOLA 6011002110277555 b W W t t"> ?v ?a -r? O SHERIFF'S RETURN - REGULAR CASE NO: 2008-00353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CIOTOLA C LOURE 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 CIOTOLA C LOURE the DEFENDANT , at 2040:00 HOURS, on the 17th day of January , 2008 at 530 S BEDFORD STREET CARLISLE, PA 17013 by handing to JOHN KILLINGER, ADULT IN CHARGE 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 llay JQ ? ?. So Answers: 18.00 4.80 ,,,?' 00 10.00 R. Thomas Kline .00 ? 32.80 01/18/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this of By: day A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. C LOURE CIOTOLA Defendant No.08-353 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 1400 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6362802 $3153.70 IN THE COURT OF COMMO.d PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-353 CIVIL TERM C LOURE CIOTOLA Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, C LOURE CIOTOLA, above-named, in the amount of $3153.70 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $3153.70 with continuing interest thereon at a rate of 6.00% per annum from JANUARY 30, 2008, plus costs. 2. To secure the repayment of said indebtedness. Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, C LOURE CIOTOLA, in the amount of $3153.70 plus continuing interest thereon at the rate of 6.00% per annum from JANUARY 30, 2008, plus costs. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $125.00 due by 02/28/08; (b) no less than $125.00 per month due on the LAST day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "DISCOVER BANK" cx> l `- i p d a 93 ,t 110, k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-353 CIVIL TERM C LOURE CIOTOLA 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 / (xx) Assumpsit Judgment in the amount of $3153.70 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary C LOURE CIOTOLA 530 S BEDFORD ST CARLISLE, PA 17013 By PROT ONOTA D UTY) F ?: rED-0 F IDE j 3r 1) 20 PM 3? 32 COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. C LOURE CIOTOLA Defendant(s) No. 08-353 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6362802 DIS 4-8.o© Pb A rf cl 477619 4,5 P'*a48'6S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-353 CIVIL TERM C LOURE CIOTOLA Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: J( OAZ?? Lyndsay E Rr"Ia7nd, squire PA I.D. # 20 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #6362802 Sworn to and subscribed before me this _..L day of September, 10 - COMMONWEALTH OF PENNSYLVANIA T PUBY H(77 NoMrW Sol ' Wayne A. Janes, Notary Public aty of Pittsburgh. Aftheny County My Commission Bores June 29, 2014 Member. Penns0vanis Aaod~ of Naterles