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Home My WebLink About08-3809IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. TIMOTHY C BOECKEL, Defendant No. 08 - MO? COMPLAINT IN CIVIL ACTION 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6558284 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. Civil Action No. TIMOTHY C BOECKEL, Defendant COMPLAINT IN CIVIL ACTION 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 ROAD, NEW ALBANY, OH 43054. 2. Defendant is an adult individual residing at the address listed below: TIMOTHY C BOECKEL 221 W DAUPHIN ST ENOLA,PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4547. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 6, 2008 in the amount of $6,836.54. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 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 $1,000.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, TIMOTHY C BOECKEL, individuallv, in the amount of $6,836.54 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $1,000.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James ##armbrodt, Esquire PA 1. 524 /43Seve TM T, WEINBERG & RE IS CO., L.P.A. Kop ers Building th Avenue ur , PA 15219 4-7955 r- V 161% v?.vv CARD V ',-NL.4V -?? twer Amount Lnclosed Below Payment Due Date $ February 28, 2008 nY ?R' T'a? ? 9 31 SDSN6A01 0007401 TIMOTHY BOECKEL 221 W DAUPHIN ST ENOLA PA 17025-221 Know what's on your statement-before you even get it. Keep track online with daily d 0 up ates and up to 12 months of history. Visit Discovercard.com/register PO BOX 15251 Address, e-mail or telephone change? Print change in space WILMINGTON DE 19886-52.51 above, or go to Discovercard.com. Print your e-mail address to 11111111111'131111111 nl?llnl'1f11111111111'1I1n1?lIlllll receive important Account information and special offers. 000006011002653514547000000000000000143200 Discover More Card Account Summary A Closing Date: January 31 2008 ccount number ending in 45,47 Payment Due Dat ' Previous Balance Page 1 of 1 e February 28, 2008 Minimum Payment Due $1 432 00 Payments And Credits $6,986.54 , . Credit Limit $14 000 00 Purchases - + 6,986.54 , . Credit Available $0 00 Cash Advances 0.00 , Cash Credit Limit $7 00 Balance Transfers i + 0 DD Cash Credit Available $0 00 F nance Charges + 0.00 , New Balance + 000 ° $0.00 Cashback Bonus® O pening Cashback Bonus Balance New Cashback Bonus Earned 00 _ ,Coshback Banuse Annlversory - - .... D Cashback Bonus Balance Available to Redee $ 0.00 - . - _ ate: May 13 . - . m -- __ . -- -- - .. ----- - -.. - - $- -_..._ 0.00 How Can We Help You? For A Please have your Discover card avaiabb ccount Inquiries, write to us at. Discover More Card PO B . Manage your account online at Discevemard.com , ox 30943 Sob Lake City, UT 84130 Customer Service: 1.800 DISCOVER (1-800-347-2683 ) TDD (Telecommunications Device for the Deall): For assistance $ee r , everse side. Transactions $0 Fraud Lfabilfty Guara ntee U Trans. post se your Discover Card with confidence. Date Dab Payments and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF -6,986.54 EXHIBIT Finance Charge Summary Average Daily Nonce Dai Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE eriodic Transaction Fee current billing period: 18 d Rates __ _ S RATE RATE _ S FINANCE FINANCE ays Purchases $0 Cash Advances $0 0.07942% 0 28.99% V 28.99% $0 - The rates that apply to your Accou t .07942% 28.99% V 28.99% $0 none $0 n are either fixed (F) or the m va y may rY m 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 Accounts Manager of DFS Services LLC (Name) (Title) (Company) plaintiff herein, that 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. ignature) WWR # 6558284 TIMOTHY C BOECKEL 6011002653514547 -xj n 600 P c oco c- r --f N 0 -n I. J l7n ^-C 101) SHERIFF'S RETURN - REGULAR CASE NO: 2008-03809 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS BOECKEL TIMOTHY C ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOECKEL TIMOTHY C the DEFENDANT at 0020:42 HOURS, on the 14th day of July , 2008 at 221 W DAUPHIN STREET ENOLA, PA 17025 TIMOTHY BOECKEL DEFENDANT 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 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 71/716 f 6,4 .00 42.00 Sworn and Subscibed to So Answers: R. Thomas Kline 07/15/2008 WELTMAN, WEINBERG & REIS C before me this day 'ffeputy S eri f of A.D. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TIMOTHY C BOECKEL Defendant No. 08-3809-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#6558284 Judgment Amount $ 7,836.54 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 46 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-3809-CIVIL TERM TIMOTHY C BOECKEL Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, TIMOTHY C BOECKEL above named, in the default of an Answer, in the amount of $7,836.54 computed as follows: Amount claimed in Complaint $6,836.54 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,000.00 TOTAL $7,836.54 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: tf- 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#6558284 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: 221 W DAUPHIN ST, ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case # Fr 3AQ q-- CNlL -IE?-Yn TIMOTHY C BOECKEL Defendant(s) IMPORTANT NOTICE TO: TIMOTHY C BOECKEL 221 W DAUPHIN ST ENOLA,PA 17025 Date of Notice: od'IUN,0b WWR#: 06558284 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: ?0.w - 1 Ktn u.(--? W0 001AAct --- PATRICK THOMAS WOODMAN PA T.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. TIMOTHY C BOECKEL Defendant Case no: 08-3809-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, TIMOTHY C BOECKEL 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, TIMOTHY C BOECKEL is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this day of S E R. 2008. TH OF Y VAM Notarial Seal NO IC Jenniter M. Borowaw, Notary Public city or PwAuro, Alle" y county My Commission Expires Feb. 22, 2012 Member, penneywafte "sodntlor? Nobrlee 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 S Military Status Report Pursuant to the Servicemembers Civil Relief Act Page I of 1 EP-06-2008 07:21:06 .4t Last Name First/Middle Begin Date -T Active Duty Status Service/Agency BOECKEL TIMOTHY 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. Ah? 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 .//N ww de_fenselink.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: L WELCPTCXS https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/6/2008 ?tYyt 10 K? ? A r ?( {? 8 { .. 7b IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-3809-CIVIL TERM TIMOTHY C BOECKEL Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order Ju gment was entered against you on 1115 o (xx) Assumpsit Judgment in the amount of $7,836.54 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: OT Y ( DEPUTY) /QrR TIMOTHY C BOECKEL 221 W DAUPHIN ST 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