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Home My WebLink About08-4206IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BRYAN L BRADLEY DENISE BRADLEY Defendants No : 68 - 01-1204:, COMPLAINT IN CIVIL ACTION 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 06804192 C A Pit ABR • J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No BRYAN L BRADLEY DENISE BRADLEY Defendants 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. Defendants are adult individual(s) residing at the address listed below: BRYAN L BRADLEY 1864 WALNUT BOTTOM RD NEWVILLE, PA 17241 DENISE BRADLEY 1864 WALNUT BOTTOM RD NEWVILLE, PA 17241 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX6138 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendants made use of said credit card and currently has a balance due and owing to Plaintiff, as of June 20, 2008 , in the amount of $3310.79 5. Defendants are in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendants 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, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendants , BRYAN L BRADLEY AND DENISE BRADLEY JOINTLY AND SEVERALLY , in the amount of $3310.79 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. James C. W mbrodt,42524 WELTMAN WE NBERG & REIS CO., L.P.A. 436 Se nth Avenue, Suite 1400 Pittsb rgh, PA 15219 (412) 434- 955 FAX: 412- 38-7130 0680 192 C A Pit ABR This law firm is a debt collector atte our client and any information obtaine t' g to collect this debt for ill be used for that purpose. • t?t\ CA R D 0ds1U.ly 15 SDSN6A01 0003757 BRYAN BRADLEY DENISE BRADLEY 1864 AL EXHIBIT N EWVILLENPA10TTOM RD 7241-9510 53,310.79 I Enter Amount Enclosed Below Payment Due Date 1 ? v 4 1 `7 May 14, 2008 $ Please make check payable to Discover Card. Minimument due includes a past due amount o4% 100. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same da . Visit Discovercard.eom/payments todyay. PO BOX 15251 Address, e-mail or telephone change? Print crhangaeilinadd space to you em WILMINGTON DE 198815 -5251 above, or go to Discovercard.com. Print ss receive important Account information and special offersre. ?I?l??'I"" 000001986458962010977033107900000000331079 Discover More Card Account Summa ry i Account number endi Closing Date: April 15, 2008 ng in 6138 Payment Due Date May 14 2008 Previous Balance page 1 of 1 Minimum Payment Due $3 310 79 Payments And Credits $3,310.79 , . Credit Limit 00 $5.800 Purchases - 0.00 . Credit Available $000 Cash Advances + 0.00 Cash Credit Limit $0.00 Balance Transfers + 0.00 Cash Credit Available $0.00 Finance Charges + 0.00 New Balance + 0.00 _ $3,310.79 Cashback Bonus® O pening Cashback Bonus Balance New Cashback Bon E $ ?0 Cashback Bonus® Anniv us arned Cashback Bonus Balance ersar Date: April 15 y - - . - . - - - - -Ayailgble to Re_doem $ 0.00 $ 0,00 _ How Can We Help You? F A i Please have your Discover Card available. or ccount Inqu ries, write to us at. Discover More Card PO B Manage your account online at Discovercard com , ox 30943 Salt Lake City, UT 8,4130 . Customer Service: 1-800-DISCOVER (1-800 347-2683 n se e For TDD R assisstatae nccee s Device for the DeafJ: se Trn.. ?... mat _ _ _ r , , e rever av e se side. ------------------- • • ?+s waaa nVnS $0 Fraud Liability Guarantee Use your Discover Card with -'AA. -s-11t1woon ror You While we are permitted under the Cardmember Agreementh e toterminateincrease the APRs on your Account because your payment was late, we have chosen not to do so at this time. Wave d, 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 minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. pay the Finance Charge Summar y Avers Dail 8e Y Balances Daily Periodic Rates Nominal ANNUAL PERCENTAGE ? ANNUAL PERCENTAG E Periodic FI Transaction Fee current billing period: 31 days -- S --- RATES TE_ NANCE C G S FINANCE CNA Es Purchases $0 Cash Advances $0 Previous billing period: 15 days 0.06915% 0.0691530 25.24% V 25.24% V 25.24% 25 24% $0 none Purchases $0 . $0 $0 The rates that apply to your Account are either 0.07121% 25.99% V fixed (F) or the 25.999'0 $0 none y ma y vary (V) as n oted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsifications to authorities, that he/she is Robert Adkins (Name) of DFS Services LLC Accounts Manager ,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 # 6804192 BRYAN L BRADLEY 6011002851516138 cr 6? Crl 4 f . rl E-, ?') SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04206 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS BRADLEY BRYAN L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT M'D7\ lT.WV R17VZMT T, but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 1864 WALNUT BOTTOM ROAD BRADLEY BRYAN L NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 Service ? , g 12.00 Not Found %16; p 5.00 R. Thomas Kline Surcharge 00 10.00 Sheriff of Cumberland County .00 45.00 WELTMAN WEINBERG REIS 08/15/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04206 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS BRADLEY BRYAN L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRADLEY DENISE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT BRADLEY DENISE 1864 WALNUT BOTTOM ROAD NOT FOUND , as to NEWVILLE. PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers: -?' --'? Docketing 6.00 r- Service .00 Not Found gfa??8 5.00 R. Thomas Kline Surcharge 046 10.00 Sheriff of Cumberland County 21.00 WELTMAN WEINBERG REIS 08/15/2008 Sworn and Subscribed to before me this day of A. D. Ui IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRYAN L BRADLEY and DENISE BRADLEY Defendant(s) No. 08-4206 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA ID #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#6804192 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4206 CIVIL TERM BRYAN L BRADLEY and DENISE BRADLEY Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. PA ID #4 WELT 1400 01 Esquire WEINBERG & REIS CO., L.P.A. Buidling 436 S v th Avenue Pitts rgh, PA 15219 (412) 434-7955 WWR #6804192 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BRYAN L BRADLEY DENISE BRADLEY No. Od - Q a0 COMPLAINT IN CIVIL ACTION Defendants 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 06804192 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No BRYAN L BRADLEY DENISE BRADLEY Defendants 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. Defendants are adult individual(s) residing at the address listed below: BRYAN L BRADLEY 1864 WALNUT BOTTOM RD NEWVILLE, PA 17241 DENISE BRADLEY 1864 WALNUT BOTTOM RD NEWVILLE, PA 17241 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX6138 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendants made use of said credit card and currently has a balance due and owing to Plaintiff, as of June 20, 2008 , in the amount of $3310.79 . 5. Defendants are in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendants 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, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendants , BRYAN L BRADLEY AND DENISE BRADLEY JOINTLY AND SEVERALLY , in the amount of $3310.79 with interest at the legal rate of 6.000. per annum from date of judgment plus attorneys' fees of $500.00 , and costs. James C. W rodt,42524 WELTMAN WE NBERG & REIS CO., L.P.A. 436 Se nth Avenue, Suite 1400 Pittsb rgh, PA 15219 (412) 434- 955 FAX: 412- 38-7130 0680 192 C A Pit ABR This law firm is a debt collector attemPg6g to collect this debt for our client and any information obtaineclf ill be used for that purpose. ..¦vv? a • Lem ao,aiv.w ` $3,310.79 • , CARD - Payment Due Date May 14, 2008 EXHIBIT 15 SDSN6A01 0003757 BRYAN BRADLEY DENISE BRADLEY 1864 WALNUT BOTTOM RD NEWVILLE PA 17241-9510 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 t L) 1? ? ?-/) Please make check payable to Discover Card. Minimum oyyment due includes a past due amount ofp$791.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discovercard.com/payments today. PO BOX 15251 {{{un{{uun{{s{r{n{u{{ WILMINGTON DE 19886-5251 000001986458962010977033107900000000331079 Discover More Card Account Summary Closing Date: April 15, 2008 page 1 of 1 i Account number ending in 6138 Previous Balance $3,310.79 Payment Due Date May 14, 2008 Payments And Credits 0.00 Minimum Payment Due $3,310.79 Purchases + 0.00 Credit Limit $5,800.00 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 = $3,310.79 Cashback Bonus' Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 :Cashback BonusO Anniversary -- -------- to R040001 _ _ _ $ Date: April 15 How Can We Help You? For Account Inquiries, write to us at. Discover More Card, PO Box 30943 Please have your Discover Card available. Salt Lake City, UT 84130 Manage your account online at Discovercard.com TDD (Telecommunications Device for the Deaq: 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 Into, 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. 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: 31 days Purchases $0 0.06915% 25.24% V 25.24% $0 none Cash Advances $0 0.06915% 25.24% V 25.2A% $0 $0 previous billing period: 15 days ' Purchases $0 0.07121% 25.99% V 25.99% $0 none The rates that apply to your Account are either Fixed (F) or they may vary (VI as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn 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. e"I/'4 % e. ?-' (Signature) WWR # 6804192 BRYAN L BRADLEY 6011002851516138 i AIL- CF TH, 2099 JUN i5 Pr1 l: 3G kiaAr??a4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. BRYAN L BRADLEY and DENISE BRADLEY Defendant(s) No. 08-4206 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#6804192 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4206 CIVIL TERM BRYAN L BRADLEY and DENISE BRADLEY Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: - James C. War rodt, Esquire PA I.D. #42 ?4 WELTMA EINBERG & REIS CO., L.P.A. 1400 Kop ers uilding 436 Seve th venue Pittsbur , A 15219 (412)4 7955 SWORN TO AND SUBSCRIBED before me this day of U? 2009 N ARY BLIC