HomeMy WebLinkAbout08-2267c
114 THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK n
Plaintiff No: b8` aac?7 C??d?'ct'"a
vs.
COMPLAINT IN CIVIL ACTION
JOSEPH CLARK
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEIN BERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06558116 C A Pit SXA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
I
DISCOVER BANK
Plaintiff
vs. Civil Action No
JOSEPH CLARK
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:
JOSEPH CLARK
95 WAGNER ST
CARLISLE, PA 17013
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXXXXXX2352 . 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 March 26, 2008 , in the amount of
$6120.77
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 , JOSEPH CLARK INDIVIDUALLY , in the amount of
$6120.77 with interest at the legal rate of 6.000. per annum from date
of judgment plus attorneys' fees of $1000.00 , and costs.
James armbrodt,42524
WELT EINBERG & REIS CO., L.P.A.
h Avenue, Suite 1400
Pitt , PA 15219
436 S )-3
(41 ) 7955
FA 38-7130
A Pit SXA
06 58
This law firm is a debt collector at?ting to collect this debt for
our client and any information obtai d will be used for that purpose.
Q? V hK $6,120.77
?C.,
15 SDSN6A01 0007233
J3SEPH CLARK
95 WAGNER ST
CARLISLE PA 17013-4625
$6,120.77 Enter Amount Enclosed Below -
Payment Due Date $ 4 '! CO i?
February 14, 2008 Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $1,222.00.
Know what's on your statement-before you
even get it. Keep track online with daily
updates and up to 12 months of history. Visit
Discovercard.com /register
PO BOX 15251
WILMINGTON DE 19886-5251
Address, e-mail or telephone change? Print change in space 11 till IIIIIIIIIIIIIII11111111IliIIIIIIIIIIa1111111111111111111
above, or go to Discovercard.com. Print your e-mail address to
receive important Account information and special offers.
0[t0006011002260392352061207700000000612077
y
Discover More Card Account Summary
Closing Date: January 15, 2008 page 1 of 1
Account number ending in 2352 Previous Balance $6,120.77
Payment Due Date February 14, 2008 Payments And Credits 0.00
Minimum Payment Due $6,120.77 Purchases + 0.00
Credit Limit $5,000.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $0.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance = $6,12077
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
,Cashback BanusS Anniversary. _ Available to Redeem $ 0.00
Date: September 15
How Can We Help You? For Account Inquiries, write to us at
Discover More
have our Discover Card available. Card, Box 30943
y Salt Lake City, UT 84130
Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deafl:
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 lote, 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
Nominal Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 15 days
Purchases $0 0.07942% 28.99% F 28.99% $0 none
Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0
previous billing period: 15 days
nna a no Wool !n ..,.-...
., i #n n non Anon no
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 # 6558116
JOSEPH CLARK
6011002260392352
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02267 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
CLARK JOSEPH
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CLARK JOSEPH the
DEFENDANT at 2110:00 HOURS, on the 17th day of April 2008
at 95 WAGNER ST
CARLISLE, PA 17013
JOSEPH CLARK
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: So Answers:
Docketing 18.00
Service 5.00 Postage .58.<<
ay
Surcharge 10.00 R. Thomas Kline
00
9- 33.58 04/18/2008
WELTMAN WEINBER REIS
Sworn and Subscibed to By:
before me this day,. eputy/ Sheriff
of A. D. d ??7 CL/' i(/F
w ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
JOSEPH CLARK
Defendant
No. 08-2267-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#6558116
Judgment Amount $ 7,120.77
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.
JOSEPH CLARK
Defendant
TO THE PROTHONOTARY:
Civil Action No. 08-2267-CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, JOSEPH CLARK above named, in the default of an Answer,
in the amount of $7,120.77 computed as follows:
Amount claimed in Complaint $6,120.77
Interest from date of judgment
at the legal interest rate of 6.00% per annum
Attorney's fees $1,000.00
TOTAL $7,120.77
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.
By:
William T. Molczan, E*tjuire
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6558116
Plaintiffs 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: 95 WAGNER ST
CARLISLE,PA 17013
IN THE COURT OF COMMON PLEAS CM113ERLA-ND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BARK
Plaintiff
JOSEPH CLARK
Defendant(s)
IMPORTANT NOTICE
WWR#: 06558116
TO: JOSEPH CLARK
95 WAGNER ST
CARLISLE,PA 17013 ppDate of Notice:
VlY ?d??U
Case # ???'CIVIL It'M
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FT'LE 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 YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO YOUR 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 FBE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
BY:
PATRICK THOMAS WOODMAN
PA I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE,
PITTSBURGH, PA 15219
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Case no: 08-2267-CIVIL TERM
Plaintiff
VS.
JOSEPH CLARK
Defendant
NON-MILITARY AFFIDAVIT
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, JOSEPH
CLARK 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, JOSEPH CLARK is not in the military service.
Further Affiant sayeth naught. p
LA jAV7__
AFFIANT .-44q
SWO TO AND SUBSCRIBED in my presence this ? day
of ?.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
NOT RY PU C Wendy L. Gault, Notary Public
City Of Pittsburgh, Allegheny County
My Commissi(,r; E Kuires .luiy 15, 2010
Member, Pennsylvania,, lssocialion of Notaries
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
40 Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page
JUL-07-2008 13:13:25
< Last Name First/Middle Begin Date Active Duty Status Service/Agency
CLARK JOSEPH 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.
IA.
ow?
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: htt?://www.defenselink.mil/faq/pis/PC09SLDR.htmI
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: BQHQMXYUINB
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/7/2008
cp
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
JOSEPH CLARK
Defendant
Civil Action No. 08-2267-CIVIL TERM
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order r J dgment was entered against you
on I (I aw f5
(xx) Assumpsit Judgment in the amount
of $7,120.77 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: 4-V -
PRO HONOTAR
JOSEPH CLARK
95 WAGNER ST
CARLISLE,PA 17013
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219
1-888-434-0085