The URL can be used to link to this page

Home My WebLink About08-54584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: civi 1-rem vs. COMPLAINT IN CIVIL ACTION TEGAN HOOKER 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 06919594 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No TEGAN HOOKER 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: TEGAN HOCKER 432 BOSLER AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5654 . 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 September 03, 2008 , in the amount of $3278.38 . 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 $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 , TEGAN HOOKER INDIVIDUALLY , in the amount of $3278.38 with interest at the legal rate of 6.000a per annum from date of judgment plus attorneys, fees of $500.00 , and costs. James C. W WELTMAN, W 436 Seven Pittsbur (412) 43 - FAX: 41 -3 0691959 rodt,42524 I ERG & REIS CO., L.P.A. J5A enue, Suite 1400 1521 9 8-7130 A Pit ABR 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. ?. mftw CARD $3,278.38 15 SDSN6A01 0002756 TEGAN ROCKER 432 BOSLER AVE LEMOYNE PA 17043-1931 _$3,278.38 i _...__. _.._.. Enter Amount Enclosed .aBelow Payment Due Date July 14, 2008 $ ??' I (` 1? ?? Please make check payable to Discover Card. Minimum Ment due in amount o 652 . 00. cludes a past due f X 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 III II ange? Print change in s ace rrr rr?rr?llrl?lrslrrll Address, e-mail or telephone ch WILMINGTON DE above, or go to Discovercard.com. Print your e-mail address to 19886-5251 receive important Account information and special offers. lin?ll?lulnl?ln?n?linl'h"'('('I'I"" 000001986458385814914032783800000000327838 Discover More Card Account Summary Acco t Closing Date; June 15 2 un number ending in Payment Due Date 565,4 Minimum Payment Due July 14, 2008 $3 278 38 Credit Limit , . $2 000 00 Credit Available , . $0.00 Cash Credit Limit $0.00 Cash Credit Available $0.00 ' Previous Balance OOB page 1 of 1 Payments And Credits $3,278.38 Purchases 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Char s + 0.00 New Balance + 0.00 _ $3,278.38 Lashback Bon V.S Opening Cashback Bonus Balance $ New Cashback Bonus Earned D .00 0.00 Cashback Boriu-S Anniversary Available c to Bonus Balance Date: July 15 Redeem $ 0.00 $ - 0.00 ' 10 r Lun We Help You? 1 • Visit Discover.corn to It's your choice 3 yV latest Account informatiioonyear nand redeerewards and more ays to help 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 3. For TDD (assistance for hearing impaired) see reverse side EXHIBIT Write us at Discover Card, Po Box 30943, Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Salt 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 Avers Nominal Daily ga De p?ERCUN?TAGE ANNUAL Transaction B Ida g? Rotes PERCENTAGE Periodic fee FINANCE current billing period: 15 days ATE--S R CHARGES ATES _ CHARGES FINANCE U CEIARGS Purchases $0 Cash Advances $0 0.07942% 28.99% F 28.99% previous billing period: 15 days 0.07942% 28.9990 F 28.94% $0 none Purchases $0 $0 $0 0.07942% 28.99% F The rates that apply to your Account are either fixed (F) or the may va 28.9990 $O none y Y ry (V) 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. -le? ?7 Signature) WWR # 6919594 TEGAN HOCKER 6011002270765654 0 cc LX K Ln 4 ?4 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS HOCKER TEGAN MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HOCKER TEGAN DEFENDANT was served upon the at 1321:00 HOURS, on the 18th day of September, 2008 at 432 BOSLER AVE LEMOYNE, PA 17043 by handing to JARED HOCKER, SPOUSE 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 16.00 Affidavit .00 Surcharge 10.00 lQ/P1/Dy? .00 44.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/19/2008 WELTMAN WEINBE G R S By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. TEGAN HOCKER Defendant No. 08-5458-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#6919594 Judgment Amount $ 3,778.38 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. Civil Action No. 08-5458-CIVIL TERM TEGAN HOCKER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, TEGAN HOCKER above named, in the default of an Answer, in the amount of $3,778.38 computed as follows: Amount claimed in Complaint $3,278.38 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $500.00 TOTAL $3,778.38 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: vv _ William T. Molczan, Auire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6919594 Plaintiffs 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: 432 BOSLER AVE, LEMOYNE,PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff TEGAN HOOKER Defendant(s) IMPORTANT NOTICE TO: TEGAN HOCKER 432 BOSLER AVE LEMOYNE,PA 1704EE3 Date of Notice: WWR#: 06919594 Case # '(3 „ U?! t,e'??n 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 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 Case no: 08-5458-CIVIL TERM Plaintiff vs. TEGAN HOCKER Defendant 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, TEGAN HOCKER 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, TEGAN HOCKER is not in the military service. Further Affiant sayeth naught. J` r AFFIANT SWORN T AND SUBSCRIBED my presence this I2 day of rARY P IC County My COmrr asn t '6Y 15, 2010 Member, Pe;,nepi+.+._rvi, .. _.;.iation of NCtMlee 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 Depattmentbf Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 DEC-12-2008 06:36:39 Last Name First/Middle Begin Date Active Duty Status Service/Agency HOCKER TEGAN 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. 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 (DMDQ 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: CVWHTWAAR https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/12/2008 S A,? V1 I-rl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-5458-CIVIL TERM TEGAN HOCKER 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 (xx) Assumpsit Judgment in the amount of $3,778.38 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 HONOT UTY) I,"" TEGAN HOCKER 432 BOSLER AVE LEMOYNE, PA 17043 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