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Home My WebLink About08-4698 f" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: x$-4104$ &-t -Terx VS. COMPLAINT IN CIVIL ACTION MARTHA I REED 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 06858730 C A Pit ABR 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. MARTHA I REED 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 0 } 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: MARTHA I REED 8 SCRAFFORD ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX8647 . 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 July 18, 2008 , in the amount of $1344.70 . 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 $100.00 . • 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 , MARTHA I REED INDIVIDUALLY , in the amount of $1344.70 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $100.00 , and costs. Jamenrgh rmbrodt;42524 WELTINBERG & REIS CO., L.P.A. 436 Avenue, Suite 1400 PittPA 15219 (412955 FAX:8-7130 0685 A Pit ABR This law firm is a debt collector attemp i to collect this debt for our client and any information obtained inbe used for that purpose. - -- -umuer enamg in 004/ ?... • r.s? $1,344.70 $1,344.70 Enter Amount Enclosed Below CARD Payment Due Date $ `7j ?j J 1J 1 ' June 14, 2008 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $215.00. 15 SDSN6A01 0001944 MARTHA REED 8 SCRAFFORD ST SHIPPENSBURG PA 17257-1728 Address, e-mail or telephone change? Print change ins ace above, or go to Di3C0VerC0rd.C0M. Print your e-mail address to receive important Account information and special offers. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discovercard.com/payments today. PO BOX 15251 111 1111111111 11 WILMINGTON DE 19886-5251 lloll I1lr,lnl1lnlnlir,1l1l,nl11111luull,l1l,nilil,lnl 0000019867625081798930134470000000001344?0 Discover More Card Account Summary Closing Date: May 15, 2008 page 1 of 1 Account number ending in 8647 Previous Balance $1 344.70 Payment Due Date June 14, 2008 Payments And Credits , 0 00 Minimum Payment Due $1,344.70 Purchases . + 0 00 Credit limit $3,000.00 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 . $1,344.70 . Cashback Bonus® Cashback Bonuses anniversary - - - - - - - - - - - - - - - - - - Date: July 15 Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + Q,QQ Cashback Bonus Balance $ 0,00 -Available to -Redeem - ._ - - -- - - - - $ - - - - - - - 0.00- - - - - How Can We Hel You? p 1. Visit Discover.com to pay your bill for no cost view ur latest Account information earn and redeem rewarvZoand more It's your choice - 3 ways to help , 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Solt Lake City, UT 84130 EXHIBIT ,Finance Charge Summary Average Daily Nominal Transaction ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES MARIxFC rueor_CC current billing period: 15 days Purchases $0 0.05477% 19.99% F 19.99% $0 none Cash Advances $0 0.05477% 19.99% F 19.99% $0 $0 previous billing period: 10 days Purchases $0 0.05477% 19.99% F 19.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) 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. (Signature) WWR # 6858730 MARTHA I REED 6011300160638647 t p . l ? T! tF O ? r v ^ SHERIFF'S RETURN - REGULAR CASE NO: 2008-04698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK REED MARTHA I VS KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REED MARTHA I the DEFENDANT , at 1055:00 HOURS, on the 23rd day of August , 2008 at 8 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to MICHAEL REED, SON AND POWER OF ATTORNEY 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 Service Affidavit Surcharge q logf o t So Answers: 18.00 40.00 _ .00 10.00 R. Thomas Kline .00 68.00 08/25/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARTHAIREED Defendant No. 08-4698-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#6858730 { 10. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-4698-CIVIL TERM MARTHAIREED 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. armbrodt, Esquire PA 1. D. 2 24 1400 pp rs Building 436 ve th Avenue Pitt ur , PA 15219 (41 ) 4-7955 SWORN TO AND SUBSCRIBED before me this I day of L?1C:lOLI>?K__, 2008 ARY PUB COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Heidi J. Kelly, Notary Public city Of Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2009 Member, Pennsylvania Association of Notaries C- a s C/) C- CL: . ' ? C CP X3