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Home My WebLink About08-03631 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0$- 3(03 aivi t Tem VS. COMPLAINT IN CIVIL ACTION RUSSEL HERTZLER 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 05758710 C A Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No RUSSEL HERTZLER 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 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: RUSSEL HERTZLER 136 E LOCUST ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002630314656 . 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 November 13, 2007 , in the amount of $7143.01 . 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 % 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 , RUSSEL HERTZLER INDIVIDUALLY , in the amount of $7143.01 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James /2-3 a mbrodt,42524 WELTMEI BERG & REIS CO., L.P.A. 436 Sh venue, Suite 2718 Pitts, A 15219 (412) 7 5 FAX: -7130 05758 A Pit CXC This law firm is a debt collector attemp in to collect this debt for our client and any information obtained 1 be used for that purpose. VIJ\r V LI% P1,I-WP' 141,11- .U11 I corer amount cnnosea aeiow CARD Payment Due Date $'' January 14, 2007 Please make c eck payable to Discover Gold Card. Minimum payment due includes a past due amount of $1,289.00. 15 SDSN6A01 0010146 RUSSEL HERTZLER Consolidate bills quickly and securely 136 E LOCUST ST with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit MECHANICSBURG PA 17055-3840 Discovercard.com/balancetransferTODAYI PO BOX 15251 11111111'„1111 111 1111111111111 WILMINGTON DE 19886-5251 Address, e-mail or telephone change? Print change in spaess to above, or go to Discovercard.com. Print your e-mail ad receive important Account information and special offers. 000006011002630314656071430100000000714301 Discover Gold Card Account Summary Closing Date: December 15, 2006 page 1 of 1 Account Number 6011 0026 3031 4656 Previous Balance $7,143.01 Payment Due Date January 14, 2007 Payments And Credits 0.00 Minimum Payment Due $7,143.01 Purchases + 0.00 Credit Limit $5,700.00 Cash Advances + 0.00 Credit Available $-1,443.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance, _ $7,143.01 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 v\ New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonusg? Anniversary - Available to Redeem. $ - _ .. _0.00.. _ Date: February 15 How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card avaiabls. Discover Gold Card, PO Box 30943 yO1 Soft Lake City, UT 84130 Manage your account online at Dircovercard.com TDD (Telecommunkations Device for the Dea fl: Customer Service: 1-800-DISCOVER (1-800.347.2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Cut back on mailbox clutterl Sign up for Paperless Statements and simplify the way you manage your account. We'll send you an e-mail as soon as your statement is available online. And, while you're at Discovercard.com, you can pay your bill quickly and easily. Sign up at Discovercard.com/ps Through the generosity of our Cardmembers, Discover(R) Card has donated more than $15 million to the Make-A-Wish Foundation(R). You can make a child's dream come true by electing to donate your Cashback Bonus(R) to the Make•A-Wish Foundation. To loam how, please visit Discovercard.com or visit Wish.org Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Transaction Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 30 days Purchases $0 0.04107% 14.99% F 14.99% $0 none Cash Advances $0 0.05477% 19.99% F 19.99% $0 $0 previous billing period: 15 days Purchases $0 0.04107% 14.99% F 14.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) 03 noted above. I I VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. ;D 06 r ;,;,, T7 MI 7??? 00 G ?: SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00363 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS HERTZLER RUSSEL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HERTZLER RUSSEL but was unable to locate Him in his bailiwick. He therefore returns the the within named DEFENDANT HERTZLER RUSSEL 136 E LOCUST STREET NOT FOUND , as to MECHANICSBURG, PA 17055 C;IVEN ADDRESS IS CONDEMNED Sheriff's Costs: Docketing Service Not Found Surcharge Q So answers --?, 18.00 ... 19.20 _...... 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County 00 52.20 WELTMAN WEINBERG REIS 02/08/2008 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BAN Plaintiff VS. RUSSEL HERT2 Defendant No. 08-363 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05758710 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BAN Plaintiff VS. RUSSEL HERTZ Defendant Civil Action No. 08-363 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Kindly reii the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05758710 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER B K Plaintiff vs. RUSSEL HERT LER No: COMPLAINT IN CIVIL ACTION 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 05758710 C A Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER B K Plaintiff VS. RUSSEL HERT LE Defendant You ha claims set twenty (20) a written a with the co against you proceed wit court witho for any oth money or pr Civil Action No COMPLAINT AND NOTICE TO DEFEND e been sued in court. If you wish to defend against the orth in the following pages, you must take action within days after this complaint and notice are served, by entering pearance personally or by an attorney and filing in writing rt your defenses or objections to the claims set forth You are warned that if you fail to do so the case may out you and a judgment may be entered against you by the t further notice for any money claimed in the complaint or r claim or relief requested by the plaintiff. You may lose perty 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 OU 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. Defendan is adult individual(s) residing at the address listed below: RUSSEL HERTZ ER 136 E LOCUST ST MECHANICSB , PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff b aring the account number 6011002630314656 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and mad a part hereof. 4. Defenda t made use of said credit card and currently has a balance due and owi g to Plaintiff, as of November 13, 2007 , in the amount of $7143.01 . 5. Defendant is in default by failing to make payments when due. 6. Plainti f avers that the Agreement between the parties provides that Defend nt will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 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 Defe dant , RUSSEL HERTZLER INDIVIDUALLY , in the amount of $7143.01 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. rodt,42524 WELTMERG & REIS CO., L.P.A. 436 Senue, Suite 2718 Pitts15219 James /2-31-7130 (412) FAX: 05758 it CXC This law fi is a debt collector attemp in to collect this debt for our client and any information obtained f?Kl be used for that purpose. 1 ._.? • I ?•••••• •...•w.w ... n.waeu uowwr .a ww v V r¦ w ......... CARD Payment Due Date $ -- January 14, 2007 Please make c eck payable to Discover Gold Card. Minimum payment due includes a past due amount of $1,289.00. 15 SDSNSA01 0010146 RUSSEL HERTZLER Consolidate bills quickly and securely 136 E LOCUST ST with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit MECHANICSBURG PA 17055-3840 Discovercard.combalancetransferTODAYI PO BOX 15251 111111111 is ssppaa WILMINGTON DE 19886-5251 Address, oo-mail or telephone changel Print ercard.eom. Print youre-mgailcd to u))I 1 1111 loll I 1)n1 above, or go to Discov receive important Account information and special offers. 000006011002630314656071430100000000714301 Discover Gold Card Account Summary Closing Dote: December 15, 2006 page 1 of 1 Account Number 6011 0026 3031 4656 Previous Balance $7,143.01 Payment Due Date January 14, 2007 Payments And Credits 0.00 Minimum Payment Due $7,143.01 Purchases + 0.00 Credit limit $5,700.00 Cash Advances + 0.00 Credit Available $-1,443.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance,,. $7,143.01 ® Bonus N*v Opening Cashbook Bonus Balance $ 0.00 `j? New Cashback Bonus Earned 0.00 Cashback Bonus Balance $ 0.00 Cashback-Bonusli-Anniversary .... _ ... _ . _ ! _ _ .. - .... Available to Redeem . - - - - - -- . $ .. _ AM- Date: February 15 How Can We Help You? For Account Inquiries, writs to us at. Please have Diuovsr Card avaiable Discover Gold Card, PO Box 30943 yaK Sak Lake City, UT 84130 Manage your aoaourrt online at Discovercard eom TDD (Telecommunications Device for dw Deaf): Customer Service: 1-800-DISCOVER (1-800.347--2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Cut back on mailbox clutter! Sign up for Paperless Statements and simplify the way you manage your account. We'll send you an e-mail cis soon as your statement is available online. And, while you're at Discovercard.com, you can pay your bill quickly and easily. Sign up at Discovercard.com/ps Through the generosity of our Cardmembers, Discover(R) Card has donated more than $15 million to the Make-A-Wish Foundation(R). You can make a child's dream come true by electing to donate your Cashbook Bonu3(R) to the Make.A,Wish_Foundation_ To learn how, please visit Discovercard.com or visit Wish.orq Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 30 days Purchases $0 0.04107% 14.99% F 14.99% $0 none Cash Advances $0 0.05477% 19.99% F 19.99% $0 $0 previous billing period: 15 days Purchases $0 0.04107% 14.99% F 14.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. VERIFICATION The under igned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswor falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verific tion based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. ? O UUUl 1 'O P r. L Ff-' e+.a s> -?s ?a C} -ta 3 rU c w V . SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00363 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS HERTZLER RUSSEL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ------- -- ----------- but was unable to locate Him in his bailiwick. n^%R"T T TATT r ATnrr T t"Ll He therefore returns the the within named DEFENDANT 4902 CARLISLE PIKE HERTZLER RUSSEL NOT FOUND , as to MECHANICSBURG, PA 17055 GIVEN ADDRESS IS A UPS STORE, AT WHICH THE DFFFNDANT HAS A MAILBOX. Sheriff's Costs: So answers: Docketing 18.00 Service 20.00 ---- ' Affidavit 5.00 R. Thomas line Surcharge 10.00 Sheriff of Cumbdrland County Postage .58 ,i/,) t1,F 53.58 WELTMAN WEINBERG REIS 71 04/24/2008 Sworn and Subscribed to before me this day of A. D. w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RUSSELHERTZLER Defendant No. 08-363 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I. D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5758710 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-363 CIVIL TERM RUSSELHERTZLER Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. War odt, Esquire PA I . D. #4252 1400 Kopper Buil ing 436S eve Pittsburgh, A 1 19 (412) 434- 955 WWR#57 87 COMMONWEALTH OF P'ENMSYLVANIA Nota i31 Seal Wendy L. Gault , Notary Public City Of Pittsburgh, Ailagheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries SWORN TO AND SUBSCRIBED before me this day co ? W