The URL can be used to link to this page

Home My WebLink About08-1573i e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0$- 1573 CIVIL 7irrn vs. COMPLAINT IN CIVIL ACTION KEVIN D SHAFFER 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 06413704 C A Pit SXA I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No KEVIN D SHAFFER 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 6. 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: KEVIN D SHAFFER 4173 GROUSE CT APT 103 MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX7774 . 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 26, 2008 , in the amount of $7391.59 . 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 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 , KEVIN D SHAFFER INDIVIDUALLY , in the amount of $7391.59 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James C. rmbrodt,42524 WELTMAN, E NBERG & REIS CO., L.P.A. 436 Sev t Avenue, Suite 1400 Pittsb gh, PA 15219 (412) 34- 955 FAX: 12- 38-7130 0641 704 C A Pit SXA This law firm is a debt collector atte?t Ag to collect this debt for our client and any information obtaine , ill be used for that purpose. ®IbU,_NER $7,391.59 CARD 22 SDSN6A010006657 KEVIN SHAFFER 4173 GROUSE CT APT 103 MECHANICSBURG PA 1705Q-7635 $7,391.59 I Enter Amount Enclosed Below Payment Due Date December 21, 2007 Please make check payable to Discover Card. Mini mumpa ent due includes a past due amount of $1,634.00. Mahe payments on your sohedule, in advance or on the same day as your due date. Visit Diaooveroard.oom/payments to make an online payment today. PO BOX 15251 ???rrr??rrrrr?r?rr?r?r??rr? WILMINGTON DE 19886-5251 Address, e-mail or telephone change# Print change in space hill 1111ir1riloll IllrIIrrrIrIrriIIIrIIIirri111111111111111r11 above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 000006011002l4l747774073915900000000739159 Discover More Card Account Summary Closing Date: November 22, 2007 page 1 of 1 Account number ending in 7774 Previous Balance $7,391.59 Payment Due Date December 21, 2007 Payments And Credits 0.00 Minimum Payment Due $7,391.59 Purchases + 0 00 Credit Limit $6,000.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0.00 Cash Credit Limit $0.00 Finance Cha s + 0 00 Cash Credit Available $0.00 New Balance . a 7,391.59 :Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0,00 Cashback BanwO Anniversary -Available to Redeem - - - $ 0.00- - Date: September 22 How Can We Help You? For Account Inquiries, write to us at: Mouse have your Discover Card available. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discowrcard.com TOO (Telecommunkations 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. 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 Cordmember Agreement for details. LA Finance Charge Summary Average Daily Daily Periodic Nominal Transaction ANNUAL ANNUAL Periodic Fee PERCENTAGE PERCENTAGE FINANCE FIN NCE Balances Rotes C RATES RATES CHARGES current billing period: 31 days Purchases $0 0.07668% 'Cash Advances $0 0.07942% 27.99% F 27.99% $0 none 28.99% F 28.99% $0 $0 previous billing period: 30 days Purchases $0 0.07668% 27.99% F 27.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) 03 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. (Signature) WWR # 6413704 KEVIN D SHAFFER 6011002141747774 `= C-n ova 7? (? Q wn ? '7Cr' a 1 CO) SHERIFF'S RETURN - REGULAR CASE NO: 2008-01573 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SHAFFER KEVIN D DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHAFFER KEVIN D the DEFENDANT , at 1644:00 HOURS, on the 12th day of March 2008 at 4173 GROUSE COURT APT 103 MECHANICSBURG, PA 17050 by handing to KEVIN SHAFFER 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 18.00 Service 14.40 Postage .58 Surcharge 10.00 311 P/D F 00 42.98 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/13/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KEVIN D SHAFFER Defendant No. 08-1573 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06413704 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-1573 CIVIL TERM KEVIN D SHAFFER 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: JAMES C W RODT, Esquire PA.I.D.#4 24 WEL , W ERG & REIS CO., L.P.A. 2718 Ko ers B ilding 436 Sev nth A nue Pittsb , P 15219 (412) 34-7 5 #06 3704 Sworn to and : Before me the COMMONWEALTH OF PENNSYLVANIA Notarial Seal JennBer M. Borowski, Notary Public C8y of Pittsburgh, Allegheny County My CpngMeslon Expfts Feb. 22, 2012 Member, Pennsylvania Asaoelation of Notaries c" r,a ? C? _ ? ? ? ? - c:::, r?? +. ?v -' ? `