HomeMy WebLinkAbout08-0357
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: ?$ - 357 Cv!l Team
VS.
COMPLAINT IN CIVIL ACTION
JUDITH M KUTZ
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
06363850 C A Pit WLG
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
JUDITH M KUTZ
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 set1forth
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
r
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:
JUDITH M KUTZ
109 COUNTRY VIEW EST
NEWVILLE, PA 17241
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXXXXXX3656 . 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 31, 2007 , in the amount of
$5973.14 .
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 $1000.00
r
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 , JUDITH M KUTZ INDIVIDUALLY , in the amount of
$5973.14 with interest at the legal rate of 6.000%a per annum from date
of judgment plus attorneys' fees of $1000.00 , and costs.
Jame Warmbrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 ev nth Avenue, Suite 2718
Pit sb gh, PA 15219
(4 2) 34-7955
F 12-338-7130
0 36 850 C A Pit WLG
This law firm is a debt collector ajtepting to collect this debt for
our client and any information obt 3fed will be used for that purpose.
CK
CARD
15 SDSN6A01 0006617
JUDITH KUTZ
109 COUNTRY VIEW EST
NEWVILLE PA 17241-8755
...... ter, n,
$5,973.14
Payment Due Date
November 14, 2007
recount Number ending in 3656
Enter Amount Enclosed Below
Please make check payable to Discover Card.
Minimum pa ment due includes a past due
amount of $1,219.00.
Make payments on your schedule, in
advance or on the same day as your due
date. Visit Disooveroard.oom/payments
to make an online payment today.
PO BOX 15251
Address, e-mail or telephone change? Print change in space WILMINGTON DE 19886-5251
above, or go to Discovercard.com. Print your e-mail address to
receive important Account information and special offers.
000006011298685643656059731400000000597314
Discover Card Account S -'
ummary
Account number en
din
in 365 Closing Date: October 15, 2007
g
6
Payment Due Date November 14
2007
Previous Balance page 1 of 1
,
Minimum Payment Due $5,973
14 Payments And Credits $5,973,14
,
Credit Limit
$8,300
00 Purchases 0.00
.
Credit Available
$0 00 Cash Advances + 0.00
Cash Credit Limit
$0.00 Balance Transfers + 0.00
Cash Credit Available
$0.00 Finance Charges + 0.00
New Balance -- + _ 0.00
= $5,973.14
Cashback Bonus® O
pening Cashback Bonus Balance
New Cashback Bonus Earned $
0.00
Cashback Bonus® Anniversary
Date: June 15 . Cashback Bonus Available to Redeem
$
0.00
$ 0.00
;How Can We Help You? F
A
Please have your Discover Card available.
M
I
ana
e
o or
ccount Inquiries, writs to us at-
Discover More Card, write Box 3 s at-
PO
l
L
S
g
y
ur account online at Discovercard
com a
t
ake City, UT 84130
.
Customer Service: 1.800-DISCOVER (1-800.347-2683 TDD (Telecommunications Device for the Dea{j:
For assistant
e, see reverse side.
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Information For You
While we are permitted under the Cordmember Agreement to increase the APRs on your Account because our 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
dminetailims.um payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for
Finance Charge Summary
Average Dail Nominal
Transaction
Daily Periodic P RCE AGE Periodic Fee
al nces Rate__s
PERCENTAGE FINANCE
current billing period: 15 days RATES RATE_ sFINANCE
ARGES C RG S
;Purchases $0
:Cash Advances $0 0.07942% 28.99 ° F 28.99%
° $0 none
!previous billing period: 5 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 either fixed (F) or the ma var $0 none
y Y y (V) as noted above.
Wish you could sort these purchases by amount, description or category?
your purchases online as far back as 12 months. lAnrn ,„„re
You can - register at Discovercard.com 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 # 6363850
JUDITH M KUTZ
6011298685643656
v ?
W (jr
W 6'
° o
0?0
CA
b
a
C') ev
c.n -13
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00357 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
KUTZ JUDITH M
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
KUTZ JUDITH M the
DEFENDANT at 2004:00 HOURS, on the 17th day of January , 2008
at 109 COUNTRY VIEW EST
NEWVILLE, PA 17241
JUDITH M KUTZ
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
Service
Affidavit
Surcharge
//sylot Q„
So Answers:
18.00
9.60
00
10.00 R. Thomas Kline
.00
37.60 01/18/2008
WELTMAN WEINBERG REIS
Sworn and Subscibed to
before me this
of
By. ??/ Y
day D ut S e i f
A. D.
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
JUDITH M KUTZ
Defendant
No. 08-357 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#06363850
Judgment Amount $ 6973.14
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. 08-357 CIVIL TERM
JUDITH M KUTZ
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, JUDITH M KUTZ above named, in the default of an Answer,
in the amount of $6973.14 computed as follows:
Amount claimed in Complaint $5973.14
Interest from date of judgment
at the legal interest rate of 6.00% per annum
Attorney's fees $1000.00
TOTAL $6973.14
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. MOLC AN, 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#06363850
Plaintiff's 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: 109 COUNTRY VIEW EST NEWVILLE,PA 17241
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
JUDITH M KUTZ
Defendant (s)
IMPORTANT NOTICE
TO: JUDITH M KUTZ
109 COUNTRY VIEW EST
NEWVILLE,PA 17241 1
Date of Notice: MU 68F>
WWR#: 06363850
Case # QL152 -f ? IL TE Rm
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:
PATRICK THOMAS WOODMAN
PA I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
1
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Case no: 08-357 CIVIL TERM
Plaintiff
VS.
JUDITH M KUTZ
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, JUDITH M
KUTZ 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, JUDITH M KUTZ is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWORN TO AND SUBSCRIBED in my presence this day
of
NOTARY PUBLIC
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
FEB-27-2008 07:36:05
-< Last Name First/Middle Begin Date Active Duty Status Service/Agency
KUTZ 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.
& 1/1
lot. 4"ir A??_
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: itp://www.defenselink.mil/facL/pis/PC09SLDR.htm1
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 2/27/2008
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: GWZIEHMZO
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/27/2008
c_C74- +v
?o
=v ni-
sv o0 o
00
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 08-357 CIVIL TERM
JUDITH M KUTZ
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 404-02
(xx) Assumpsit Judgment in the amount
of $6973.14 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 ONOTAR D UTY)
JUDITH M KUTZ
109 COUNTRY VIEW EST
NEWVILLE,PA 17241
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
JUDITH M KUTZ
Defendant
No. 08-357 CIVIL TERM
PRAECIPE FOR SATISFACTION OF
JUDGMENT
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#06363850
M
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 08-357 CIVIL TERM
JUDITH M KUTZ
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.
WELTMAN, WEINBERG & REIS CO., L.P.A.
brodt
i berg & Reis Co.
Bldg
Avenue
A 15219
Z43-7955
3850
Sworn to and subscribed
before me this
day of May 08 '
2z 4 J, A, A
NO A PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer M. Borowski, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires Feb. 22, 2012
Member, Pennsylvania Association of Notaries
-VI
C? 0
r- 4 ,F
p ? N
CT?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
JUDITH M KUTZ
Defendant
No. 08-357 CIVIL TERM
PRAECIPE FOR SATISFACTION OF
JUDGMENT
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#06363850
k -
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 08-357 CIVIL TERM
JUDITH M KUTZ
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.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
brodt
PaWeerg & Reis Co.
14ldg
43enue
Ja/43;-795e5
5219
Pit
(41 Sworn to and subscribed
before me this a
day of Mays 08
NOtTAIYY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer M. Borowski, Notary Public
City of Pittsburgh, Allegheny County
My CanmissWn Exwres Feb. 22, 2012
Member, Pennsylvania Association of Notaries