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HomeMy WebLinkAbout08-3238I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No- 08 - 3a38 Q-<< IE.rNti vs. COMPLAINT IN CIVIL ACTION PATRICIAA R PHILLIPY 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 06558136 C A Pit SXA IN THE COURT OF COMMON PLEASCIF C DIVISION COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff VS. PATRICIAA R PHILLIPY Defendant Civil Action No 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: PATRICIAA R PHILLIPY 236 ERFORD RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX3020 . 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 April 24, 2008 , in the amount of $6359.27 . 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 , PATRICIAA R PHILLIPY INDIVIDUALLY , in the amount of $6359.27 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. armbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 S en h Avenue, Suite 1400 Pitts ur PA 15219 (412) 43 -7955 FAX: 41 -338-7130 065 81 6 C A Pit SXA This law firm is a debt collector attE/mp n to collect this debt for our client and any information obtain will be used for that purpose. vIJ\r'+,,, Y GR av.uu CARD Payment Due Date January 30, 2008 31 SDSN6A01 0007253 PATRICIAA PHILLIPY 236 ERFpRD RD CAMP HILL PA 17011-1207 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Enter Amount Enclosed Below _3z?-c,l, . 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 000006011002297513020000000000000000118900 Discover More Card Account Summary Closing Date: December 31, 2007 page 1 of 1 Account number ending in P 3020 Previous Balance $6 359 27 ayment Due Date Minimum Payment Due January 30, 2008 $1 189 00 Payments And Credits , . 6,359.27 Credit Limit , . $5,300.00 Purchases Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $2,700.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance + 0 00 ? $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0 00 . New Cashback Bonus Earned + 0.00 .Cashback Bonus& Anniversary ... _ ... _ _ Cashback Bonus Balance $ 0.00 Available to Redeem $ _ _ ." _ Date: December 6 0.00 How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card available. Discover More Card, PO Box 30943 Salt Lake City UT 84130 your account online at Discowrcard.com , Customer Service: 1-800-DISCOVER (1-800.347-2683) TDD For (Telecommunications e, see reverse tsDevko ide. for the Deaf : Transactions $0 Fraud Liabili G ty -0-1166 Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF -6,359.27 EXHIBIT ;Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daian s Per is PERCENTAGE PPEE CENTAGE FINANCE FINANCE ,current billing period: 25 days CHARGES Purchases $0 0.07942% 28.99% F 28.99% Cash Advances $0 0.07942% 28.99% F 28.99% $0 none $o $o The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important Information. ii L I : r n an one page to this billing statement, see the back of each page for additional important information. See your Cardmember Agrec ent. vow Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Repor --iediatelyl Call 1-800-547-2685. Billing Rights Summary. Ir I e of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a uarszcuer cr our till writ on a separate sheet of paper at Discover Moresm; P.O. Box 15192; Wilmington, DE 19050.5192, as snort as possible. vie nest rear from you rc I tnar Et days after we sent you the fast bill on which the error or problem appeared. You can telephone us, but carg so wdi rct preserve y, gists Ir your letter, give us the following information: -YCLf rarre and Account rr er -Tre dollar anoLft of ire s. rcled error -Describe ire error and ex, If yoL car, why you believe there is an error. If you need more information, describe the item you are unsure acou vo- do rot -ace to pay ar , court Ir question while we are investigating, but you are still obligated to pay the parts of your bill that are not in gLesuor v;rile we Irvestic: ;our question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Carc urchases: If you have a problem with the quality of goods or servpiaces that you purchased with a credit card, and ycL ra•.e it ed Ir good !o colryct the problem with price merchant you mayy not have to rc.1 olds main in amount due on th within 100 your home state ser-.Ices ycL rage trls r _tror or l when the purchase rice was more -than ;50 and the p miles of yc; , marurg addre if we owr or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are co.ered regardless of tire a rt or location of purchase.) on w Z cn 0 8 N ZA N Payments. Payments Set)- J your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending yyoour creek as described above, , au ronze us to use information on your check to make an electronic fund transfer from your account at the fnancial Irstrtt,tror Irdicated on yo_r eck or to process the payment as a check transaction. It nt is roomed as an electronic fund transfer, the tiarsfer w l ce for tre ar I. of tre check. When we use information from your ch? mak? an electronic fund transfer, funds may be witraraver 'rcn yocr acco. as soor as the same day we receive your paymen and you will not receive your check back from your financial rshtLt,cr Tre pro--essrrc of your I ert may be delayed if you send cash, correspondence or other items with your payment, it you send the payment to -I, el .:+e;; ci if y:. 'e ar er•;elope other than -the-oe-provided--Payments-received-on rafter-t PM-Monday'throegh- Friday-or-on a v.eer-ZrU c uoarx rohoaYy ce posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to C s_-o•,er nark PO Box 15 Jldmrr tor, DE 19886.5251. Please allow 7-10 days for delivery. If your payment is returned unpaid; wer reserve the r g" t to res-bran It as an e mrc debit IOL car pay ycur rum payment or a greater amount over the telephone. Call us at 1-800-347.2683. You will need this statement and your park accourt irformation must ersure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. 't c,- will be asked to prov,r a first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be acree,rg tc iris Wronzar to allow Ls and your bank to deduct each payment you authorize, in the amount requeded by u, from your bank accourt r order to car-.t paymert we must receive notice at least three days in advance of the scheduled payment Yo?iu may notify us by prore at 1-BCC-347.2663 : mad at address listed in the previous paragraph. Credit Reporting. vie ma port information about your account to credit bureaus. Late mants, missed payments, or other defaults on your aeceLrt r,a; be reflected cur credit report We normally report the status and payment h of r Account to credits Neporting Samos each nortr If ;oL beheve tha. .r report is inaccurate or incomplete, please write us at the follows g address. Discover More Card, fU Box 15316, h:dmirgtor DE 1965C-531 ease IrCILde your name, address, home telephone number and Account number. PERIODIC FINANCE CHAh9 S. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account Lrtii ire date roll pay, yo, rtlre New Balance, by making payments or receiving credits However we will provide the following 11 gtace_peflod" If ycL paid t-e rfew a anct your previous billing statement by the Payment Due Date shown on (hat statement, and yyo0uU Pa the Blew BeWnce by ire Paymert Due Date or statement, we will not impose Periodic it nance Charges on new purchases, that Is, purchases first apptrap on this j statement Otrerrase yc. a rece ve a billing statement next month that includes Periodic Finance Charges on those new purchases. here is no grace perroe or balarce t tens or cash advances. v;e sort 'ycur transactions gcoups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by trerr ArrLal Percertage For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate gro-ps vie refer to trese ups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for eacr day cf ire odhng pe for each transaction category. We use the following equation to compute Periodic Finance Charges for each transaction categor; A•.erage Daily B; ce x number of days in the billin period x Daily Penodie Rate. (See the finance ehat?e summary on your statement for vese ancurts; Trer wt d up tie Periodic Finance Char?es for each transaction calego to get the total Periodic Finance Charges for your Accouri Tre Average D. 9aiance is shown as zero if, because of the grace period, no Periooddic Finance Charges apply to the balance in a tra-cuc category v:e Lse ire uvo cycle as Crarges 7r ,s nears it ,t Fa mert DLe Date srowr e daily balance (lncludin new transactions method of calculating the balance upon which we impose Periodic Finance did not pay the New Balance shown on the billing statement you received during the previous Wift ppepriod b the Lrat t t nt ill i P i di F m y s a eme , we w mpose er o c inance Charges on new purchases that first appered on that iinp state enet as v'eu as rew pwcnase? L first appear on the current billing statement, unless we afrsariy imposed Periodic Finance Charges on the purchases on ycur pre. oLS br hug Stott r 't 1:;e comp-te ire Average arc Civil ro ire total b, and r ire Tonowin to ' , Balarce for each transaction category by adding up all the dairy balances in a billing period for a transaction category number of days in the billin cycle. We compute the tqr Bach tr?cGOn on each day by first e o s da dail b l l? - r g g . ire preti oLS day's daily : " w u ys y a ance: ansaetiom made that dayy, 0 Unit day and f eriodie do a Charges accrued on ice and by then subtracting any credits and paymenfs that are aggaacost the balance of the traftWhon category c7 trat da it calCLlatir: f rst da• ci ire D u r a daily balance for the previous billing period, we consider the "previous day's dial balance" to have been zero on the o if t ti i i : l r g p transact cr as raving oc. ransac a on cc s posted to your Aount after the close of the bill period fin which it occurs, we will treat the m on the first day of the billing period in which it is posted to your Accau It 'u fees crarged to yoL Flrrce :carges whlCh g °ount are added to the standard purchase transaction catego with the exception of Cash Advance Transaction Fee added to tie applicable cash a hruilbe tranaacldtnn Cab an ? Transfer Transaction Fee Finance Charges which are aadec to Tre apphca: r d B i T oalarce transfer transaction category When the speeiaT rata ex we move the unpaid balance of the balance transfer F _t an rarsu i e a arce tern rated Lrder ire D! tansactron ee Finance Charges3o lte standard purchase transa o category. However, it the special rate has been it Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Crarges r ire applrcabl: :nsaction category until the special rate would have expired. For TOO (TelecommunicE ons Device for the Deaf) assistance, please call 1-800-347-7448. Tre D sco•.erz Mores'.' I , is issued by Discover Bank, Member FDIC. 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 # 6558136 PATRICIAA R PHILLIPY 6011002297513020 O ? N ?. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PHILLIPY PATRICIAA R WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PHILLIPY PATRICIAA R the DEFENDANT , at 2025:00 HOURS, on the 29th day of May 2008 at 236 ERFORD RD CAMP HILL, PA 17011 by handing to WILLIAM PHILLIPY, HUSBAND 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 15.00 Affidavit .00 Surcharge 10.00 4 vy cF ;- . 00 1 43.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/30/2008 WELTMAN WEINBERG REIS Z By: Z_ V r Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. PATRICIAA R PHILLIPY Defendant No. 08-3238 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#6558136 Judgment Amount $ 7,359.27 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. Civil Action No. 08-3238 CIVIL TERM PATRICIAA R PHILLIPY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PATRICIAA R PHILLIPY above named, in the default of an Answer, in the amount of $7,359.27 computed as follows: Amount claimed in Complaint $6,359.27 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,000.00 TOTAL $7,359.27 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: G'1 1 William T. Molcz squire PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6558136 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: 236 ERFORD RD, CAMP HILL,PA 17011 y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff PATRICIAA R PHILLIPY Defendant(s) IMPORTANT NOTICE TO: PATRICIAA R PHILLIPY 236 ERFORD RD CAMP HILL,PA 17011 Date of Notice: (?'1( ( (Cys.c.L2t- WWR#: 06558136 Case # 0???;I UI (,IZI'1? 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 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 FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: ffMkO-A 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 Plaintiff vs. PATRICIAA R PHILLIPY Defendant Case no: 08-3238 CIVIL TERM 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, PATRRICIAA R PHILLIPY 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, PATRICIAA R PHILLIPY is not in the military service. Further Affiant sayeth naught. i AFFIANT SWORN TO AND SUBSCRIBED in my presence this day of. COMMONWEALTH OF PENNSYLUA IA. Notarial Seal Wayne A. Jones, Notary Public XARY PU C City of Pittsburgh, Allegheny County My Commission Expires June 29,20`10 Member, Pennsylvania Association 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 Iepartment of Defense Manpower Data Center AIR& Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 AUG-05-2008 12:10:55 A Last Name First/Middle Begin Date Active Duty Status Service/Agency PHILLIPY PATRICIAA 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. 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/faq/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: UIYSNGJMFP at I'MI ,.G C.n7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-3238 CIVIL TERM PATRICIAA R PHILLIPY 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 (xx) Assumpsit Judgment in the amount of $7,359.27 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 HONG PUTY) PATR:ICIAA R PHILLIPY 236 ERFORD RD CAMP HILL,PA 17011 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