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Home My WebLink About08-5062 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS. COMPLAINT IN CIVIL ACTION JOANNA L BORZA 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 06839909 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No 8,? ?? Gdv f? ??w,. JOANNA L BORZA 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 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: JOANNA L BORZA 421 ALLENDALE WAY CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX5610 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "All 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 31, 2008 , in the amount of $5566.00 . 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 $1000.00 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 , JOANNA L BORZA INDIVIDUALLY , in the amount of $5566.00 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James WELTM 436 S Pitt (41 FAX 06 9 war=roclt, 42524 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 1400 gh, PA 15219 4-7955 -338-7130 9 C A Pit SGM This law firm is a debt collector att mp ing to collect this debt for our client and any information obtain Ywill be used for that purpose. VIJV 3111 M CK 55s66.0? S5,566.00 CARD Payment Due Date DUE IMMEDIATELY 08 SDSN8A01 0000550 JOANNA BORZA 421 ALLENDALE WAY CAMP HILL PA 17011-8407 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. 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. Enter Amount Enclosed Below PO BOX 15251 WILMINGTON DE 19886-5251 ?m?))r(u)n?r(u(n((ur)r?ur(r?r(r?nn)?r?r(nu???r?n? 000001986458014678144055660000000000556600 Discover More Card Account Summary Closing Date: October 8, 2007 page 1 of 1 Account number ending in 5610 Previous Balance $5 566.00 Payment Due Date November 7, 2007 Payments And Credits , 0 00 Minimum Payment Due $5,566.00 Purchases . + 0 00 Credit Limit $8,000.00 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 . $5,566.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0,00 Gashback Bonus&Anniversary----- .. - - - - - - Available _to R94Am_ ... _ . . ...... $_ 0,00 Date: August 8 How Can We Help You? For Account Inquiries, write to us at.. Please have your Discover Card available. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovemard.com TOD (Telecommunications Device for the Dea fl: Customer Service: 1-800-DISCOVER (1-800.347-2683) For assistance, see reverse side. EXHIBIT Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balances Periodic Rotes PERCENTAGE RATES PERCENTAGE RATES FINANCE CHARGES FINANCE CHARGES current billing period: 30 days Purchases $0 0.06847% 24.99% F 24.99% $0 none Cash Advances $0 0.06847% 24.99% F 24.99% $0 $0 previous billing period: 8 days Purchases $0 0.06847% 24.99% F 24.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. ` Wish you could sort these purchases by amount, description or category? You can - re ter at Discovercard.com to view vour purchases online as far back as 12 months. Learn more at Discovercard-cam /ourchases VERIFICATION The undersigned does hereby verify subject to the p nalt C () ies f 18 P S. §4904 relating to unsworn falsifications to authorities, that he/she is (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. - , V L. FT4 (Signature) WWR# 06839909 DFS# 6011002940535610 y V J Hry 0 SHERIFF'S RETURN - REGULAR .swim CASE NO: 2008-05062 P ..rl. -Wsa. COMMONWEALTH OF PENNSYLVANIA: - COUNTY OF CUMBERLAND DISCOVER BANK VS BORZA JOANNA L MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BORZA JOANNA L the DEFENDANT at 1138:00 HOURS, on the 6th day of September, 2008 at 421 ALLENDALE WAY CAMP HILL, PA 17011 JOANNA BORZA by handing to 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 Service Affidavit Surcharge Q1Illb f 18.00 15.00 .00 10.00 .00 43.00 Sworn and Subscibed to before me this day So Answers: k R. Thomas Kline 09/08/2008 WELTMAN WEINBERG REIS By: 1? Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOANNA L BORZA Defendant No. 08-5062-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molezan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6839909 Judgment Amount $ 6,566.00 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 16 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-5062-CIVIL TERM JOANNA L BORZA Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, LORETTA LAYMAN above named, in the default of an Answer, in the amount of $6,566.00 computed as follows: Amount claimed in Complaint $5,566.00 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,000.00 TOTAL $6,566.00 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: .f William T. Molczan, squire PA I.D.947437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6839909 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 421 ALLENDALE WAY, CAMP HILL,PA 17011 r ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff JOANNA L BORZA Defendant(s) IMPORTANT NOTICE TO: JOANNA L BORZA 421 ALLENDALE WAY CAMP HILL,PA 17011 Date of Notice: 1_0 WWR#: 06839909 Case 2? r" C .,u . ( w m 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 : ?U v wko& vv-4 '. 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. JOANNA L BORZA Defendant Case no: 08-5062-CIVIL TERM NON-MILITARY AFFIDAVIT 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, JOANNA L BORZA 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, LO.RETTA LAYMAN is not in the military service. Further Affiant sayeth naught. /f AFFIANT SW N TO AND SUBSCRIBED in my presence this day of COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public NOT Y P C City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries 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-27-2008 12:28:27 -K Last Name First/Middle Begin Date Active Duty Status Service/Agency BORZA JOANNA 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. 14. )?A4- * Aallet A?M_ 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/?is/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: BKMUREUYEJN https://www.dmdc.osd.mil/scra/owa/scra.prc Select 10/27/2008 r (? 'O C.: IJI -- x IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-5062-CIVIL TERM JOANNA L BORZA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o Judd ent was entered against you on (xx) Assumpsit Judgment in the amount of $6,566.00 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: . PR ONOTARY (OR DEPUT Q JOANNA L BORZA 421 ALLENDALE WAY CAMP HILL,PA 17011 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085