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Home My WebLink About08-4234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. MICHAEL STEVE GARDNER Defendant No : 0?'- q a- 3 q C ?'r) I? tfn, 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 06805837 C A Pit LXR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No 6 g-? 443 y -f c?M MICHAEL STEVE GARDNER 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: MICHAEL STEVE GARDNER 705 S MARKET ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX0552 . 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 June 24, 2008 , in the amount of $3405.49 . 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 $500.00 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 , MICHAEL STEVE GARDNER INDIVIDUALLY , in the amount of $3405.49 with interest at the legal rate of 6.000* per annum from date of judgment plus attorneys' fees of $500.00 , and costs. rodt,42.524 WELT MANERG & REIS CO., L.P.A. 436 Sev enue, Suite 1400 James CT338-7130 Pittsb 15219 (412) 4FAX: 10680 83it LXR This law firm is a debt collector attenttiAg to collect this debt for our client and any information obtaine ll be used for that purpose. -' "°"" "' va,Laao•.FV CARD Inter Amount Enclosed Below ? j Payment Due Date , „ t; i May 14, 2008 please make check payable to Discover Card./ / Minimum ymant due includes a past due amount off 631.00. 15 SDSN6A01 0004327 MICHAEL GARDNER Will your payment get to us on time? Pay 705 S MARKET ST your bill online and your payment can be MECHANICSBURG PA 17055-6413 made to your account on the same day. Visit Discovercard.com/payments today. 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. PO BOX 15251 1111111 11111111111 11 11111111 WILMINGTON DE 19886-5251 (111( Ill 11 1111 If 11 1111111 if 111111111.111.h.1 000001986458176982656034054900000000340549 EXHIBIT Discover More Card Account Summary I I I L, Closing Date: April 15. 2008 Account number ending in 0552 Payment Due Date May 14, 2008 Minimum Payment Due $3,405.49 Credit Limit $2,500.00 Credit Available $0.00 Cash Credit Limit $0.00 Cash Credit Available $0.00 page 1 of I Previous Balance $3 405.49 Payments And Credits , Purchases 000 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance + 0.00 a $3,405.49 Cashback Bonus® Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus Earned ± 00 Cashback Bonus Caahback Oonus6 Anniversary Available -to-Redeem - - - .. $ 0.00 $. _ .4.00... Dote: April 15 How Can We Help You? For Account Inquiries, writs to us at Please have your Discover Card avagc". Discover More Card, PO Box 309,43 Manage your account online at Discovereard.com Salt Lake City, UT 84130 TDD Customer Service: 1-800-DISCOVER (1-800-347-2683) For TAftooon nuns atio es s?ide ? for the Deo: G33i3t0nC4, see ' Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we ars 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 Cardmember Agreement for details. Finance Charge Summary Average lly ?eodic Nominal P MAGE ? ?M AGE L Transaction Ba S RATES A FIN QM FFNANCE current billing period: 15 days RM ONGES Purchases $0 Cash Advances $0 0.05819`Yo 0 05819% 21.24% V 21.24% $0 none previous billing period: 15 days . 21.24% V 21.24% $0 $0 Purchases $0 0.06025% 21.99% V 21.99% $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. none 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 # 6805837 MICHAEL STEVE GARDNER 6011002035920552 R? C? 7 Aa? -01 V\ C . ? A v ?a r' czs r-- cri ti!? =j mix 5rn SHERIFF'S RETURN - REGULAR CASE NO: 2008-04234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GARDNER MICHAEL STEVE ROBERT BTINER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GARDNER MICHAEL STEVE was served upon the DEFENDANT , at 1720:00 HOURS, on the 18th day of July , 2008 at 705 S MARKET STREET MECHANICSBURG, PA 17055 MICHAEL GARDNER 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 11.00 Affidavit 00 Surcharge 10.00 R. Thomas Kline 00 / 39.00&o" 07/22/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to 7 y : T- before me this day D ty Sheriff u of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL STEVE GARDNER Defendant No. 08-4234-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#6805837 1% 1 1% IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4234-CIVIL TERM MICHAEL STEVE GARDNER Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C.' PA I. D. #4 1400 Kopl 436 Sever Pittsbu(412)49 SWORN TO AND SUBSCRIBED before me this day ofpA".J/_2008 Y PU,BLI brodt, Esquire wilding enue 15219 Notarial seal WW* L Gault, NotarypLtk Clty Of Pltl &JM, A ftheny County My Co Mbsion F ,may I5, 20IO *W, Pennsylvan(A AssooiatW of Nor. E7 C :. m ID C ' ? -6Q J