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Home My WebLink About08-44534 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0$- 41453 ) 1e M VS. COMPLAINT IN CIVIL ACTION MICHAEL GARDNER 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 06806018 C A Pit LXR 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MICHAEL 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 F 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 GARDNER 705 S MARKET ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX7393 . 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 27, 2008 , in the amount of $2563.93 . 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 GARDNER INDIVIDUALLY , in the amount of $2563.93 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. Wa rodt,42524 WELTMAN WE N ERG & REIS CO., L.P.A. 436 Se nth Avenue, Suite 1400 Pittsb rgh, PA 15219 (412) 434-7 55 FAX: 12-3 8-7130 0680 018 A Pit LXR This law firm is a debt collector attemtt to collect this debt for our client and any information obtained/ wirl be used for that purpose. - --.?.. CARD a1,6o3.?:! $2,563.93 I Enter Amount Enclosed Below Payment Due Date $ UP % -6 61 t;Z May 21, 2008 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $524.00. 22 SDSN6A01 0004508 MICHAEL GARDNER 705 S MARKET ST MECHANICSBURG PA Will your payment get to us on time? Pay your bill online and your payment can be 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 11111 11 WILMINGTON DE 19886-5251 000001986458601971688025639300000000256393 Discover Open Road Card Account Summary Closing Date: April 22, 2008 page 1 of 1 Account number ending in 7393 Previous Balance $2 563 93 Payment Due Date May 21, 2008 Payments And Credits , . Minimum Payment Due $2,563.93 Purchases 0.00 Credit Limit $1,700.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash C dit A il bl + 000 re va a e $0.00 New Balance $2,563.93 ;Cashback Bonus' Gas $ Auto Opening Cashback Bonus Balance New Cashback Bonus Earned $ 0.00 + 0.00 'Cdslibcck Bonus Anniversary- - - - Date: February 22 Cashbadc Bonus Balance -- - - - - - - - - - - .- - Available to-Radom---- $ 0.00 How Can We Help You? For Account Inquiries, writs to us at FNeaa have your Discover Card available. Discover More Card, PO Box 30943 Manage your account online at Discovercard.cann Salt Lake City, u 84130 Customer Service: 1-800-DISCOVER (1-800.347-2683) TDFor (Telecommunications; e?revene side for the ?9 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 late, we have chosen not to do so at this time. 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. BXHIBIT ;Finance Charge Summary Daily 9e Daily i Nominal ? PPEERCEU PE C Periodic Transaction Fes Balances s Rates N TAGE RATES P ER ENTTAGE RATES p CHARGES NANCE FINANCE current billing period: 22 days Purchases $0 ;Cash Advances $0 0.07942% 28.99% F 28.99% $0 none ;previous billing period: 5 days 0.07942% 28.99% F 28.99% $0 $0 Purchases $0 0.07942% 28.99% F 28.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) 03 noted above A. ' VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is Robert Adkins (Name) Accounts Manager of DFS Services, LLC , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. 11.4 'f, (Signature) WWR # 6806018 MICHAEL GARDNER 6011002570757393 00 o 7.1 r ?m R? (31 -p r a 77 ; 4 I SHERIFF'S RETURN - REGULAR CASE NO: 2008-04453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GARDNER MICHAEL STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GARDNER MICHAEL the DEFENDANT , at 0009:35 HOURS, on the 9th day of August 2008 at 705 S MARKET STREET MECHANICSBURG, PA 17055 by handing to MICHAEL GARDNER DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 n 91040 P 00 38. 00 Sworn and Subscibed to before me this day of , So Answers: 10 --A Thomas Klin 08/11/2008 WELTMAN, WEINBERG & REIS By. Deputy Sheriff A. D. w? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL GARDNER Defendant No. 08-4453-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I . D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6806018 • I$. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4453-CIVIL TERM MICHAEL 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: A'ff James C. W m PA I.D. #42 1400 Kop rs 436 Sev th Pittsbur, , P (412) 4- 55 WW 6 6018 SWORN TO AND SUBSCRIBED before me this -Lacy day of 008 NO RY P C brodt, Esquire uilding 15219 COANONWEALTH OF PENNSYLVANIA ? jimd L Gaut teary Pubt Ca"Won E 8 ?neylvanla AaacgnIM a --? HIM