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Home My WebLink About08-5361 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Ctv! ( -Fero, VS. COMPLAINT IN CIVIL ACTION KELLY L GARRETT 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 06919578 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No KELLY L GARRETT Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the fallowing 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: KELLY L GARRETT 709 CEDAR RIDGE LN MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3757 . 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 August 27, 2008 , in the amount of $2468.27 . 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 $300.00 . 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 , KELLY L GARRETT INDIVIDUALLY , in the amount of $2468.27 with interest at the legal rate of 6.0001 per annum from date of judgment plus attorneys, fees of $300.00 , and costs. James C WEL 436 Se Pitts u: (412) 4 FAX : 41; 069 957 armbrocit, 42524 EINBERG & REIS CO., L.P.A. n 4h Avenue, Suite 1400 g p, PA 15219 1-7955 -338-7130 C A Pit ABR This law firm is a debt collector atte ing to collect this debt for our client and any information obtaineff will be used for that purpose. Vld%rqWr LR CARD 30 SDSN6A0f 0002739 KELLY GARRETT 709 CEDAR RIDGE LN MECHANICSBURG PA 17055-5453 $525.00 I Enter Amount Enclosed Below Payment Due Date $ -- July 29, 2008 Address, e-mail or telephone change? Print change in space above, or go to Diacovercard.com. Print your email 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 111111 Ill 1111 11111111111111 WILMINGTON DE 19886-5251 1111111111,lulnill ln,ill ,Ill lr,nlnlIll ln,Ill lnlllnnnllinlnl 000001986458233939293000000000000000052500 Discover More Card Account Summary Closing Date: June 30, 2008 page 1 of 1 Account number ending in 3757 Previous Balance $2 468 27 Payment Due Date July 29, 2008 Payments And Credits , . 2 468 27 Minimum Payment Due $525.00 Purchases , . + 0 00 Credit Limit $1,500.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $400.00 Finance Charges . + 000 Cash Credit Available $0.00 New Balance $0.00 Cashback Bonus Opening Cashbock Bonus Balance $ 0 00 . New Cashback Bonus Earned + 0.00 Cashback Bonus® Anniversary Cashback Bonus Balance $ 0.00 Available to Redeem $ - - D.00- Date: April 17 How Can We Hel You? p ' 1. Visit Discovercem to pay year b01 for no coat, view our latest Account information earn and redeem rewards a d It s your choice - 3 ways to help , n more 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 aide 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 ransactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Da:. Post Data Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF $ -2,468.27 EXHIBIT Finance Charge Summary Average Dail Daly P i d Nominal ANNUAL PE ANNUAL Transaction Periodic F y B l er o ic RCENTAGE PERCENTAGE FINANCE FINANa a ances Rates RATES RATES CHARGES CHARGES current billing period: 13 days Purchases $0 0.07942% 28.99% F 28.99% $0 Cash Advances $0 0.07942% 28.99% F 28.99% none $0 $0 The rates that apply to your Account are either fixed (F) or they may vary IV) 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 is Robert Adkins (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 knowledge, information and belief. Signature) WWR # 6919578 KELLY L GARRETT 6011002192493757 pQ csa v ? o Di D SHERIFF'S RETURN - REGULAR CASE NO: 2008-05361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GARRETT KELLY L NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GARRETT KELLY L DEFENDANT was served upon the at 1010:00 HOURS, on the 13th day of September, 2008 at 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 KELLY L GARRETT 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 i bIt,"A ?i.. 18.00 10.00 .00 10.00 .00 38.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/15/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff of A. D. . ...^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KELLY L GARRETT Defendant Not 08-5361-CIVIL TERM 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. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6919578 Judgment Amount $ 2,768.27 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. `,n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-5361-CIVIL TERM KELLY L GARRETT Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, KELLY L GARRETT above named, in the default of an Answer, in the amount of $2,768.27 computed as follows: Amount claimed in Complaint $2,468.27 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $300.00 TOTAL $2,768.27 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: btt7? William T. Molczan, Esq e PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6919578 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: 709 CEDAR RIDGE LN, MECHANICSBURG,PA 17055 ? " 4b- IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KELLY L GARRETT Defendant Case no: 08-5361-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 (SC.RA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, KELLY L GARRETT 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, KELLY L GARRETT is not in the military service. Further Affiant sayeth naught. AFFIANT SWO TO AND SUBSCRIBED in my presence this day of co ONW ALTH OF P w MAW Soul V) V JW#ft M. ftmw*j, W" Pubk NO C aM . AkV" CCU* FWCWWdWWj!ftFftjj2012 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. ,, {,, 4 IN Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page I of 1 NOV-12-2008 10:04:19 -?< Last Name First/Middle Begin Date Active Duty Status Service/Agency GARRETT KELLY 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. y6t Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 ', T?a 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 „igibility for military medical care and other eligibility systems. e'Department of Defense strongly'supports the eaforcement of the Servicemembers Civil Relief Act [50 USCS ppx. §§ 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 maimer that the individual is on active duty, or is otherwise entitled io 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. "1, See: http://www.defenselink.mil/faq,/?is/PCOI)SLDR.html G: This certificate was provided based or.:_ a name and Social Security number (SSN) provided by the Providing an erroneous name or SSN will cause an erroneous certificate to be provided. ort ID; FOTESNKBWJ ,tr EFL ` ii6is://www.dmde.osd.mil/scra/owe/scra.prc_Select 11/12/2008 v lA kiss o s C- nip r ? 4". IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-5361-CIVIL TERM KELLY L GARRETT Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on AS - (xx) Assumpsit Judgment in the amount of $2,768.27 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: PRO ONOT UTY) KELLY L GARRETT 709 CEDAR RIDGE LN MECHANICSBURG,PA 17055 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 1-888-434-0085 DISCOVER BANK Plaintiff vs. C" 7 c IN THE COURT OF COMMON PLEAS r "a) OF CUMBERLAND COUNTY PENNSYLVANIA-_Z:0 -<TD r-x xp CASE NO. 08-bbd KELLY L. GARRETT Defendant N a c r W 3 Y C rYi ?r Cs a NOTIFICATION OF FILING UNDER BANKRUPTCY ACT AND SUGGESTION OF STAY KELLY LAUREN GARRETT, hereby notifies the Court that on the 29th day of June, 2011, she filed with the Clerk of the United States Bankruptcy Court for the Northern District of West Virginia a petition in bankruptcy under Chapter 7 of the Bankruptcy Code. The petition is pending before the Honorable Patrick M. Flatley, Bankruptcy Judge, and has been assigned Case No. 11-01190. The filing invoked Section 362 of the Bankruptcy code, which stays all court actions and collection proceedings against the debtor as well as all acts to perfect or enforce liens or to obtain possession of the Debtor's property. Discover Bank is listed as an unsecured creditor in said petition. D. William Davis, 8650 407-A Howard Street Bridgeport, OH 43912 Phone: (740) 635-1217 Fax: (740) 633-9843 E-mail: dwilliamdavis@comcast.net Attorney for Defendant Kelly Lauren Garrett is CERTIFICATE OF SERVICE The undersigned certifies that a photocopy of the foregoing Notice was served upon the following parties by first-class mail, postage prepaid, this 291h day of June, 2011; 1) Discover Bank, P.O. Box 15316, Wilmington, DE 19850 2) Weltman, Weinberg & Reis Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. AVIS W OBy: D. William Davis, 8650 Attorney for Defendant Kelly Lauren Garrett