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Home My WebLink About04-1230IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION DISCOVER BANK Plaintiff vs. WANDA A. RAY AND CATHERINE MESSIMER Defendants No. 04 - I23r~ e~ui~~FJ~ l COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Sofia Kokkini, Esquire PA LD. #9].535 WELTMAN, WEiNBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.521.9 (412)434-7955 WWR#03356957 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WANDA A. RAY AND CATHERINE MESSIMER Defendants Civil Action No. 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 3311 Mill Meadow Drive, Hilliard, OH 43026. 2. Defendants are adult individuals residing at 3 Southwatch Lane, Mechanicsburg, PA 17050-8213. 3. Defendants applied far and received a credit card issued by Plaintiff bearing the account number 6011 0027 5003 5347. 4. Defendants made use of said credit card and have currently a balance due and owing to Plaintiff, as of March 8, 2004, in the amount of $ 7,402.62. 5. Defendants are 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 Defendants will gay Plaintiff s attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1,000.00. 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, and Catherine Messimer jointly and severally, in the amount of $ 7,402.b2 with interest at the legal interest rate of 6% per annum From date of judgment plus attorneys' fees of $1,000.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, W4EIINBER, G &REIS, CO., L.P.A ~%t~~--._.. Sofia Kokkini, Esquire PA I.D. #91535 WELTMAN, WEINBERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR#:03356957 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 R~h~+rt ndk; n (Name) Accounts Manager of Discover Financial Services Inc., servicing agent of the 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 Complaint are true and correct to the best of his/her knowledge, information and belief. ~iGtip (Signature) W WR# b ~9 G ~-- ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS RAY WANDA A ET AL 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 RAY WANDA A the DEFENDANT at 2010:00 HOURS, on the 26th day of March 2004 at 3 SOUTHWATCH LANE MECHANICSBURG, PA 17055 by handing to WANDA A RAY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this 5~ day of (,,.~ ~ ~(9 Un`F A . D . yatyf~ ~ (i ~O~i` 44 Prothonotary So Answers: R. Thomas Kline 03/29/2004 WELTMAN WEINBERG REIS B~~ =~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS RAY WANDA A ET AL 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 MESSIMER CATHERINE the DEFENDANT at 2010:00 HOURS, on the 26th day of March 2004 at 3 SOUTHWATCH LANE MECHANICSBURG, PA 17055 by handing to WANDA A RAY, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _~1__ day of Q ~2flU~f A.D. ~~~,Lc~Lcr ~ DDS , Prothonotary ~ So Anse ~~ R. Thomas Kline 03/29/2004 WELTMAN WEINBERG REIS By : I ~J~~~-, eputy Sherif c~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 04-1230 CIVIL WANDA A. RAY AND CATHERINE MESSIMER Defendants NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $8,402.62 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary Catherine Messimer //~~ ~~°° 3 Southwatch Lane By: (~'i ~1.~ lla-^1 Mechaniscburg, PA 17050 PROTHONOTARY (OR DEPUTY) V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WANDAA. RAY AND CATHERINE MESSIMER Defendants Civil Action No. 04-1230 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $8,402.62 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary Wanda A Ray 3 Southwatch Lane Mechaniscburg, PA 17050 By: PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WANDA A. RAY AND CATHERINE MESSIMER Defendants No. 04-1230 CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R#03356957 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WANDA A. RAY AND CATHERINE MESSIMER Defendants TO THE PROTHONOTARY: Civil Action No. 04-1230 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendants, Wanda A Ray and Catherine Messimer, above named, in the default of an Answer, in the amount of $8,402.62 computed as follows: Amount claimed in Complaint $7,402.62 Interest from date of judgment at the contract interest rate of 6% per annum Attorney's fees $1,000.00 TOTAL $8,402.62 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG &REIS CO., L.P.A. William . Molcz"an, quire PA I.D. #47437 WELTMAN, WEIN ERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R#03356957 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendants is: 3 Southwatch Lane, Mechanicsburg, PA 17050. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 04-1230 CIVIL WANDAA. RAY AND CATHERINE MESSIMER Defendant IMPORTANT NOTICE TO: CATHERINE MESSIMER 3 SOUTHWATCH LANE MECHANICSBURG, PA 17050 Date of Notice: ~ (,(~}y,(f/ cl~)~ ,~(~(~`T YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG &REIS CO., L.P.A. ~ /~ / ~~ / William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R #03356957 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action Nc. 04-1230 CIVIL WANDA A. RAY AND CATHERINE MESSIMER Defendant IMPORTANT NOTICE TO: WANDA A. RAY 3 SOUTHWATCH LANE MECHANICSBURG, PA 17050 Date of Notice: (,( ,O ;`C(~( ~Q/ ~~'~~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 WELTMAN, WEINBERG &REIS CO., L.P.A. BY w~~ r ~i/' ,- William T. Molczan L~~~ PA I.D. #47437 rr WELTMAN, WEINBERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R #03356957 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and '~. belief and upon information received from others. WELTMAN, WEINBERG &REIS CO., L.P.A. By:ld/ J William olczad~, Es ire PA I.D. #47437 WELTMAN, WEINBERG &REIS GO., L.P,A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R#03356957 z 'J P ~~4 rJ ("l A T m- ~~- _., C:U >;c~ T .p '~5 -n ~~. r ,~ ` = •- U C W 1 o ~ °C~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WAN DA A RAY CATHERINE MESSIMER Defendants No. -04-1230 CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03356957 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WANDA A RAY CATHERINE MESSIMER Defendants Civil Action No. -04-1230 CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG &REIS CO., L.P.A. By: James C. ar rodt PA I . D #4 524 WELTM N, W NBERG &REIS CO., L.P.A. 2718 K ppers uilding 436 Si~enth enue Pittsburgh, P 15219 (412)'434- 55 v Sworn to and subscribed before me this ~ day o 0 NOTA PUBLIC Wei,- ~'~..Gault;"` -~yPublic Cry C?f F. Burgh, r Deny County ' My ~mM scion Expire; ::July 15, 201 Member, Pe„`sYivania Assr,~^iatiur~ of Notarie° „a .~ ~a` 9~ C. __., h , 'El~ ~~' f y' s .-~ nz r--""-- t y Z V i ~-w~. ~ ~ ,; ,_ ~ ::7 ~ > ; `~ ~=' ;.~~~~ ~' s a -