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HomeMy WebLinkAbout08-0359IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 359 Civi I Terw% vs. COMPLAINT IN CIVIL ACTION LISA M SETTA 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 06362972 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No LISA M SETTA 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: LISA M SETTA 143 PENNSYLVANIA AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX9227 . 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 $4952.51 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 . 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 , LISA M SETTA INDIVIDUALLY , in the amount of $4952.51 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys, fees of $500.00 , and costs. James-C/ W rmbrodt,42524' WELT y :BERG & REIS CO., L.P.A. 436 S Avenue, Suite 2718 Pitts PA 15219 (412 955 FAX: 48-7130 063 29 A Pit WLG This law firm is a debt collector att ing to collect this debt for our client and any information obtain will be used for that purpose. Low% V CR $4,952.51 CARD 08 SDSN6A01 0005730 LISA SETTA 143 PENNSYLVANIA AVE CARLISLE PA 17013-1141 - - ^"uunr Numcer ending in Y227 $4,952_51 _ J Enter Amount Enclosed Below Payment Due Date ? DUE IMMEDIATELY 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 111... 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 I111111,1,i,1,1,1,1,,,, receive important Account information and special offers. 000006011002615479227049525100000000495251 Discover Card Account Summary Closing Date: October 8 2007 ,Account number ending in 9227 , page 1 of 1 Payment Due Date Minimum Pa ment D November 7, 2007 Previous Balance Payments And Credits $4,952.51 y ue Credit Limit $4,952.51 $4 000 00 Purchases 0'00 00 + 0 Credit Available , . $0.00 Cosh Advances Balance Transf . + 0.00 Cash Credit Limit Cash Credit Available $0.00 $0 00 ers Finance Charges + 0.00 + . -___ New Balance 0,00 _ $4,952.51 Cashback Bonus® Opening Cashback Bonus Balance New Cashback Bonus Earned $ 0.00 + 0 00 Cashback Bonus® Anniversary Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Date: October 8 'How Can We Help You? For Account.lnquiries, write to us at. Please have your Discover Card ovatlable. Discover More Card, PO Box 30943 Sao Lake your account online of Discovereard.com City, UT 84130 Customer Service: 1.800-DISCOVER (1-800-347-2683) TD For D asssistasistaonccee, , see rever see revers Device for the Deaf): se 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. cAH1811 Finance Ch S arge ummary Averse Dail g Daly Y Periodic Balances Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE FIN FIN Transaction Fee Rates current billing period: 8 days RATES RATES ANC ANCE CHARGES FINANCE R S Purchases $0 0.06573% Cash Advances $0 23.99% F 23.99%, $0 0.07121% previous billing period: 21 days 25.99% F 25.99% $0 none $0 Purchases $0 0.06573% 23.99% F 23.99% $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. none Wish you could sort these purchases by amount, description or category? You can - re ister at Discovercard.com to view your purchases online as for back as 12 months. Learn mnrn ,,, n,<...,..e. -A ___ ?-... 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 # 6362972 LISA M SETTA 6011002615479227 - pO cry . ! R? W O - ,- ^. a3 ` A i 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SETTA LISA M 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 SETTA LISA M the DEFENDANT , at 1410:00 HOURS, on the 18th day of January , 2008 at 143 PENNSYLVANIA AVENUE CARLISLE, PA 17013 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 10.00 00 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/22/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff A. D. 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. LISA M SETTA Defendant No.08-359 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6362972 $6531.01 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. LISA M SETTA Defendant Civil Action No. 08-359 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, LISA M SETTA, in the amount of $6531.01 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Atto ey r aintif LISA M SETTA, By: ( d Defendant WWR#6362972 . -Wk U b 1 4 ,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LISA M SETTA Defendant(s) No. 08-359 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 WWR46362972 DIS A elm y??? s5 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-359 CIVIL TERM LISA M SETTA 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. WEL' By: Lyndsay E Ro land, E: PA I.D. # 205 20 WELTMAN, EINBE 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #6362972 Sworn to and subscribed before me this day of Se tember„ l 0 OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal L,4?G. Bevan, Notary Public "wp,. Allegheny County omr: a ssion L xplres Nov. 15, 2010 Member. Pennsvlvanla ASScOdation of Notaries ERG & REIS CO., L.P A. J.?L ulre & REIS CO., L.P.A.