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Home My WebLink About08-4699i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff No. 08 - q(.099 Civi l -5,M vs. JONATHAN N SAILOR, Defendant 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#6307940 } IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. Civil Action No. JONATHAN N SAILOR, 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: JONATHAN N SAILOR 133 N 33RD ST CAMP HILL,PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX7996. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 30,2008 in the amount of $2,945.80. 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 $500.00. 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. s WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JONATHAN N SAILOR, individually, in the amount of $2,945.80 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $500.00, 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 C. armbrodt, Esquire PA LD. 4 524 WELT A , WEINBERG & REIS CO., L.P.A. 1400 op rs Building 436 eve h Avenue Pi burg , PA 15219 (4 2) 4 -7955 JL,Y4o.ttuc- ^ •? CARD Enter Amount Enclosed'Below• Payment Due Date $ October 21, 2007 Please make check payable to Discover Card. Minimum pa Mont due includes a past due 22 SDSN6A01 0007646 j amount of $655.00. JONATHAN SAILOR C t? l 304 THORNDALE RD Manage your budget, track your spending PORT MATILDA PA 16870-7129 \ and avoid fees with FREE timely e-mail reminders. To find out more, visit } (? s~ Discovercard.com/reminders PO BOX 15251 Address, e-mail or telephone change? Print change ins ace WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your -mail address to receive important Account information and special offers. 000006011002700387996029458000000000294580 Discover More Card Account Su mmary number ending in EXAccount 7996 Closing Date: September 22, 2007 page 1 of 1 Payment Due Date Hi w Minimum Pa ment D October 21, 2007 Previous Balance Payments And Credits $2,945.80 y ue Credit Limit $2,945.80 $2,000.00 Purchases 0.00 00 + 0 Credit Available $0.00 Cash Advances Balance Tra f . + 0'00 t Cash Credit A il bl $0.00 ns ers Finance Charges 0.00 + va a e $0.00 - New Ba 6n-ce p .00 + -- $2,945.80 Cashback Bonus® Opening Cashback Bonus Balance $ New Cashback Bonus Earned 0'00 + 0.00 Cashbaek Bonus® Anniversary Cashbock Bonus Balance $ Avallable,to Redeem_ . 0.00 Date: June 22 0.00 How Can We Help You? For Account Inquiries, write to us at, Please have your Discover Card avagable. Discover More Card, PO Box 309,43 Salt Lake your account online at Discovercard.com City, UT 84130 TDD Customer Service: 1-800-DISCOVER (1.800-347-2683 (Telecommunications Device for the Dsafl; ) For or 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 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 Dail Y Balances Dail Periodic Nominal ANNUAL PERCENTAGE ?CENTAGE Periodic Transaction Fee current billing period: 31 days Rates RATES _ RATES FINS FpIC sgR11CE GES Purchases $0 Cash Advances $0 0.07942% 28.99% F 28.9 $0 previous billing period: 22 days 0.07942% 28.99% F 28.99% $p none $0 Purchases $0 0.07942% 28.99% F The rates that aPPIY to your Account are either fixed (F) or the ma V o y vary ( ) as n oted a abbo ve. JUL-081,2008 15:58 WWR GROVE CITY 6148012602 P.02 VERIFICATION The undersigned does hereby verify subject to th enalties of 18 PA.C.S. §4904 -relating e-f to unsworn falsifications to authorities, that he/she is AIPPkv, ACCOUNT MANAGER of _ DFS SERVICES LLC (Name ) plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR# 06307940 DF8# 6011002700387996 TnTA1 P. AP ?„ ..? r ??? ?;? ?, ,? ??, ,,?_- SHERIFF'S RETURN - REGULAR CASE NO: 2008-04699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SAILOR JONATHAN N 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 SAILOR JONATHAN N the DEFENDANT at 1800:00 HOURS, on the 4th day of September, 2008 at 133 N 33RD STREET CAMP HILL, PA 17011 by handing to JONATHAN SAILOR 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 a11b'd 7 ?- .00 42.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/04/2008 WELTMAN WEINBERG REIS By: ?? -k?EL2= Deputy er ff A.D. -% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN N SAILOR Defendant No. 08-4699 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#6307940 ! ,- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-4699 CIVIL TERM JONATHAN N SAILOR 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. rmbrodt, Esquire PA I.D. 1240 4 1400 K per Building 436 Se enth venue Pittsb ah, P 15219 (412) WWF SWORN TO AND SUBSCRIBED F/ before me this day COMMONWEAL HOP PENNSYLVANIA of , 2008 Notarial seal Wendy L. Gault, Notary Publ'?c City of Pittsburgh, Allegheny county my commission Expires July 15, 2010 NOTARY P?JtBf IC Member, Pennsylvania Association of Notaries N +rc G c7 7 C l }