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HomeMy WebLinkAbout08-1087 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK T- Plaintiff No: (?B - ?jy87 CiVC l ler*% VS. COMPLAINT IN CIVIL ACTION GEORGE EUGEN SEIDLE JR 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 06362820 C A Pit SXA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No Oj- 10J'7; P Tu-? GEORGE EUGEN SEIDLE JR 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: GEORGE EUGEN SEIDLE JR 813 WERTZVILLE RD ENOLA, PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX8661 . 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 February 06, 2008 , in the amount of $2231.38 . 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 , GEORGE EUGEN SEIDLE JR INDIVIDUALLY , in the amount of $2231.38 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $500.00 , and costs. James mbrodt,42524 WELT MAN, INBERG & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 43 -7955 FAX: 412 338-7130 063 282 C A Pit SXA This law firm is a debt collector att&tjng to collect this debt for our client and any information obtair?e d ill be used for that purpose. C 4? $2,231.38 I $2,231.38 I Enter Amount Enclosed Below 15 SDSN6A01 0005572 GEORGE SEIDLE JR 813 WERTZVILLE RD ENOLA PA 17025-1834 Payment Due Date $ November 14, 2007 Please make check payable to Discover Card. Minimum pa ment due includes a past due amount of $489.00. Make payments on your schedule, in advance or on the same day as your due date. Visit Dlsooveroard.oomlpayments j ' to make an online payment today. PO BOX 15251 111ur1loll ru111111u11.11 pa WILMINGTON DE 19886-5251 above, or go to Discovelrcard. om Printlyour e-mail addre s to ?tr???nn???i?nt receive important Account information and special offers. 0000060110021806286610223138000000002 138 Discover Card Account Summary Account number ending in Payment Due Date Minimum Payment Due Credit Limit Credit Available Cash Credit Limit Cash Credit Available Closing Date: October 15, 2007 page 1 of 1 8661 Previous Balance $2 231.38 November 14, 2007 Payments And Credits , 000 $2,231.38 Purchases + 0 00 $2.000•00 Cash Advances . $0.00 Balance Transfers + 0.00 + 0 00 $0.00 Finance Charges . + 0 00 $0.00 New Balance . = $2,231.38 %.asnback bonus's Cashback BonusO Anniversary Date: June 15 Opening Cashback Bonus Balance New Cashback Bonus Earned Cashback Bonus Balance Available to Redeem $ 0.00 + 0.00 $ 0.00 $ 0.00 Mow Gan We Help You? For Account Inquiries, write to us at. Please have your Discover Card available. Discover More Card, PO Box 309,43 Manage your account online at Discovercard.com STOO alt Lake City, (Telecommunications 84130 Customer Servke: 1-800-DISCOVER (1-800-347.2683) For msee ese side. for the Deaf): Transactions $0 Fraud Liability Guarantee Use your Discover Card with cnnfirlnnrn 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?F outstanding balance of purchases and balance transfers. However, we reserve the right to increase th IX I nt if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the C member Agreement for details. Finance Charge Summary Average Daily Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Transaction Fee Balances Rates RATES RATES FINANCE C GES FINANCE CHARGES current billing period: 15 days Purchases Cash Advances $0 0.07463% $0 0 07463% 27.24% V 27.24% $0 none . previous billing period: 12 days 27.24/o V 27.24% $0 $0 Purchases $0 0.07600% 27.74% V 27.74% $0 no The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. ne Wish you could sort these purchases by amount, description or category? 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 (Name) ACCOUNT 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 are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR# 06362820 DFS# 6011002180628661 C N ?„? - ? am. L cx? Tl f 9a O "p D 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SEIDLE GEORGE EUGEN JR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIDLE GEORGE EUGEN JR the DEFENDANT , at 1515:00 HOURS, on the 21st day of February , 2008 at 813 WERTZVILLE RD ENOLA, PA 17025 by handing to ALISON MACAM, FIANCE ADULT IN CHARGE 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 13.44 Affidavit .00 Surcharge 10.00 00 -4/D 3/o P 41.44 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/22/2008 WELTMAN WEINBERG REIS By: Deputy Sh ff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. GEORGE EUGENE SEIDLE JR Defendant No. 08-1087 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. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6362820 Judgment Amount $ 2,531.38 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. GEORGE EUGENE SEIDLE JR Defendant TO THE PROTHONOTARY: Civil Action No. 08-1087 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, RICHARD L BURGAR.D above named, in the default of an Answer, in the amount of $2,531.38 computed as follows: Amount claimed in Complaint $2,231.38 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $300.00 TOTAL $2,531.38 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. r? By: William T. Molcza , Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6362820 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 813 WERTZVILLE RD, ENOLA,PA 17025 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff GEORGE EUGENE SEIDLE JR Defendant TO:GEROGE EUGENE SEIDLE JR 813 WERTZVILLE RD ENOLA, PA 17025 IMPORTANT NOTICE Date of Notice: oilhm o6 WWR#:6362820 CASE# Qg `lQU-4` CIVIL (Er O) 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 YOUOMAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 Y :T- U )OaavL ? BY:- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs GEORGE EUGENE SEIDLE JR Case no: 08-1087 CIVIL TERM NON-MILITARY AFFIDAVIT Defendant 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, RICHARD L BURGARD 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, RICHARD L BURGARD is not in the military service. Further Affiant sayeth naught. t;- - AFFIANT SWORN TTO1 AND SUBSCRIBED in my presence this day of V r I COMMONWEAL) H OF PE-NNSYLVANIA [??;tariai Se?3 Wayne A..ir;r?? s, Notary Public N ARY PUB.LI City Of Pittsburgh, Ak,,jheny County My Commission t? June 29, 2010 PJiember, Penrsl?: ,i rtssovivtion or Notarie3 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 1 MAY-13-2008 11:19:28 ' Last Name First/Middle Begin Date Active Duty Status Service/Agency SEIDEL JR GEORGE EUGENE 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. fn 101,4, 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: http://www.defenselink.mil/face/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: SJSYEKJQDS https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/13/2008 C"Z ^a 6' '19 ---, r f r Sp (31 V j .? 1 ) v f f 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-1087 CIVIL TERM GEORGE EUGENE SEIDLE JR Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on .5 flug/d (xx) Assumpsit Judgment in the amount of $2,531.38 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: PRO ONOTA D UTY) GEORGE EUGENE SEIDLE JR 813 WERTZVILLE RD ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 1-888-434-0085