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Home My WebLink About08-1049 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: D8- togq l.,wit lear,M VS. RICHARD L LYNCH 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06307740 C A Pit WLG e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No C9- /d `! % &,. U T4-... RICHARD L LYNCH 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 C 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: RICHARD L LYNCH 222 SHIPPENSBURG MOBILE SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX2517 . 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 January 09, 2008 , in the amount of $4140.23 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 I 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 , RICHARD L LYNCH INDIVIDUALLY , in the amount of $4140.23 with interest at the legal rate of 6.000% 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 ev th Avenue, Suite 1400 Pit bu gh, PA 15219 (41 ) 4-7955 F 2-338-7130 06 0 40 C A Pit WLG This law firm is a debt collector at pting to collect this debt for our client and any information obtairttd will be used for that purpose. DISCVER $4,140.23 $4,140.23 j Enter Amount Enclosed Below Payment Due Date DUE IMMEDIATELY 08 S !3WA01 0007442 RICHARD LYNCH MOBILE EST 222 SHIT;PENSBURG SHIPPENSBURG PA 40 17257-9521 v? Address, e-mail or telephone change? Print change in space above, or g(:) to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Manage your budget, track your spending and avoid fees with FREE timely e-mail reminders. To find out more, visit Discovercard.com/reminders PO BOX 15251 111u111No IIII IIII Irr,1r11 WILMINGTON DE 19886-5251 1r,111111111111111,11,111111111,r111111111r,11r1r1r,r,111r1r,1 000006011002320392517041402300000000414023 Discover More Card Account Summary Closing Date: September 8, 2007 page 1 of 1 Account number ending in 2517 Previous Balance $4 140.23 Payment Due Date October 7, 2007 Payments And Credits , 0 00 Minimum Payment Due $4,140.23 Purchases . + 0 00 Credit Limit $3,100.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit limit $0.00 Finance Charges ' . 00 ± 0 Cash Credit Available $0.00 - - --- ----- New Balance . --- = $4,140.23 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Available to Redeem $ 0.00 Date: November 8 How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card available. Discover More Card, PO Box 309,43 Salt Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the 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. Intormation 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. EXHIBIT Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Transaction Periodic Fe Daily Periodic Balances Rates PERCENTAGE PERCENTAGE RATES RATES e FINANCE FINANCE CHARGES CHARGES current billing period: 31 days Purchases $0 0.07463% 27.24% V 27.24% $0 none Cash Advances $0 0.07463% 27.24% V 27.24% $0 $0 previous billing period: 8 days Purchases $0 0.07463% 27.24% V 27.24% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. 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. Aignae) WWR # 6307740 RICHARD L LYNCH 6011002320392517 -Ei?- g ? o J ? (fj D c c -n O _ cT' caj 't7 . CJ7 ; PV j f7f C SHERIFF'S RETURN - REGULAR CASE NO: 2008-01049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS LYNCH RICHARD L 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 T,VT\TrT-T RTC T-TART-) T the DEFENDANT , at 1911:00 HOURS, on the 19th day of February , 2008 at 222 SHIPPENSBURG MOBILE SHIPPENSBURG, PA 17257 JOSHUA LYNCH, SON 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 :i Ja 5l o P ?, 18.00 19.20 .00 10.00 .00 47.20 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 02/20/2008 WELTMAN WEINBERG REIS / n By: ? / /M // /bepu(y Sheili / A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RICHARD L LYNCH Defendant No. 08-1049 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT PA I.D #42524 W.ELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06307740 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-1049 CIVIL TERM RICHARD L LYNCH Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: BR PA I.D W JAMES CW ELTB 2718 KB ildin 436 Sev nue Pittsbur 15219 (412) 484-796 5 Sworn to and sub ribed Before me1 07 _ Day of 08 NO ARY P 4rs? cGtrrelc?lV?p ?l'e rF? e# PE-Z"'SY0 tti`;: ar?i meal Wendy L C?^,u!`, ?.±,otat 7-Lib A''. ' z , e,y nty City Of Pitt` 01 0 M Commisa?a ,._ --- Y Notaries Member. Penn & REIS CO., L.P.A. ` C1 °v- ? c .. ? ,.? '?° ' C -r? a ?_,, t- ?, ? ,--> L,_7 I ? ?:i c'J :.. ,'. _..i