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Home My WebLink About08-5061 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff VS. MARY KIMBERLY DAVIS, Defendant No. 0$- S?u? ?IV1? ??1?w 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#6839881 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff VS. Civil Action No. QR?? V4 / V J! I MARY KIMBERLY DAVIS, 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: MARY KIMBERLY DAVIS 409 4TH ST NEW CUMBERLND,PA 17070 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 3523. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JULY 31, 2008 in the amount of $3232.91. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "A" 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 balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , MARYKImSMY DAVIS INDIVIDUALLY , in the amount of $3232.91 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. rmbrod ,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Seve t Avenue, Suite 1400 Pittsbu h, PA 15219 (412) 4- 955 FAX: 4 2-3 8-7130 06839 81 A Pit SGM This law firm is a debt collector attem i to collect this debt for our client and any information obtained win be used for that purpose. VIJ\r: V LM CARD $0.00 1 $656.00 Payment Due Date November 29, 2007 31 SDSN6A01 0000519 MARY DAVIS 409 4TH ST NEW CUMBERLND PA 17070-1802 Address, e-mail or telephone change? Print change inspace above, or go to Discovercard.com. Print your e-mail adess to receive important Account information and special offers. Enter Amount Enclosed Below $ Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discovercard.com/payments today. PO BOX 15251 WILMINGTON DE 19886-5251 000001486458694835766000000000000000065600 Discover More Card Account Summary Closing Date: October 31, 2007 page 1 of 1 Account number ending in 3523 Previous Balance $3,232.91 Payment Due Date November 29, 2007 Payments And Credits 3,232.91 Minimum Payment Due $656.00 Purchases + 0.00 Credit Limit $2,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 ;Cash Credit limit $1,000.00 Finance Charges + 000 Cash Credit Available $0.00 New Balance = $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0,00 'Cashback Bonus® Anniversary Available to. Rode4M .. $ 0.00 Date: January 6 How Can We Help You? For Account Inquiries, write to us at Discover More Card, PO Box 30943 Pease have your Discover Card avo1ab6. Salt Lake City, UT 84130 Manage your account online at Discovercord.com TDD (Telecommunications Device for the Deaf): ;Customer Service: 1-800-DISCOVER (1-800-347-2683) For assistance, see reverse side. ;Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Data Payments and Credits Oct 31 Oct 31 INTERNAL CHARGE-OFF $ -3,232.91 EXHIBIT Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 25 days Purchases $0 0.07600% 27.74% V 27.74% $0 none Cash Advances $0 0.07600% 27.7A% V 27.74% $0 $0 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 unsworn falsifications to authorities, that he/she is 00!f zn?f? (Name) ACCOUNT 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 are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR# 06839881 DFS# 6011002560383523 ?'• ?. ?' r7 A L im' ?: . ['-? e 2'7 -R7 1` J V ?_: ? ? ? "4'1 _ ?+ ? ??Z??- r-' "" '1 ? _ O r (? ? ? ??.,. , ?'t v, R ?.._ J .. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05061 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DAVIS MARY KIMBERLY 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 DAVIS MARY KIMBERLY the DEFENDANT , at 2000:00 HOURS, on the 3rd day of September, 2008 at 409 4TH STREET NEW CUMBERLAND, PA 17070 MARY DAVIS 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: Docketing 18.00 Service 17.00 Affidavit .00 Surcharge 10.00 gi1Dg10 ` 4?4- .00 45.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/04/2008 WELTMAN WEINBERG REIS gy. 17e heriff A.D. ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARY KIMBERLY DAVIS Defendant No. 08-5061-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.13447437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6839881 Judgment Amount $ 3,732.91 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. R t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-5061-CIVIL TERM MARY KIMBERLY DAVIS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MARY KIMBERLY DAVIS above named, in the default of an Answer, in the amount of $3,732.91 computed as follows: Amount claimed in Complaint $3,232.91 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $500.00 TOTAL $3,732.91 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. By: William T. Molczan, uire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6839881 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7`' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 409 4TH ST, NEW CUMBERLND,PA 17070 ? y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff MARY KIMBE DAVIS Defendant (s) IMPORTANT NOTICE TO: MARY KIMBE DAVIS 409 4TH ST NEW CUMBERLND,PA 17070 Date of Notice: WWR#: 06839881 Case # t. Q -S-6ro ( - c, Uc tern-) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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 BY : ?"? ` kt?vuaob PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARY KIMBERLY DAVIS Case no: 08-5061-CIVIL TERM NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MARY KIMBERLY DAVIS is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the .Defendant, MARY KIMBERLY DAVIS is not in the military service. Further Affiant sayeth naught. ?c AFFIANT SWORN TO AND SUBSCRIBED in my presence this 201 - of C?beX ?0 . } COWAOMAWLTH OF PENNSYLVANW Notedal Seel NOT P C Jennifer M. Bomweki, Notary Pubk City of Plibburgh, Allepd W County Commiifion E)0108 Feb. 22, 2012 Member, This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for.,Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 OCT-30-2008 08:29:27 .4 Last Name First/Middle Begin Date Active Duty Status Service/Agency DAVIS MARY Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Alak? Pt. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http•//www.defenselink.mil/faq/pis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BMMMZMCWKKO https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/30/2008 O O • 3 b LIN m v Lit 7 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-5061-CIVIL TERM MARY KIMBERLY DAVIS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or ud ent was entered against you on / / (xx) Assumpsit Judgment in the amount of $3,732.91 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 By: l PRO AUIOTARgY"(OR DEPUT,048 MARY KIMBERLY DAVIS 409 4TH ST NEW CUMBERLND,PA 17070 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7U' Avenue, Pittsburgh, PA 15219 1-888-434-0085