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Home My WebLink About08-5779 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: JV X771 01' / / firm vs. NIHARA DAVOOD COMPLAINT IN CIVIL ACTION 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 06919666 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NIHARA DAVOOD Defendant No: COMPLAINT IN CIVIL ACTION 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 06919666 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NIHARA DAVOOD Defendant No: COMPLAINT IN CIVIL ACTION 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 06919666 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No NIHARA DAVOOD 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: NIHARA DAVOOD 1105 TUNBRIDGE LN MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0459 . 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 10, 2008 , in the amount of $10884.74 . 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 $1500.00 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 , NIHARA DAVOOD INDIVIDUALLY , in the amount of $10884.74 with interest at the legal rate of 6.0001 per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. James C. WELTMAN :It6t:e?e n rg 434 (412/412 FAX: 7 0 691 66 rmbrodt,42524 INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 38-7130 C A Pit ABR This law firm is a debt collector attem g to collect this debt for our client and any information obtained Will be used for that purpose. CARD $10,884.74 1 $10, J account Number ending in 0459 884. 74 -- Enter Amount Enclosed Below Payment Due Date $ G(? ?3U/V- July 14, 2008 Please make check payable to Discover Card. Minimum yment due includes a past due 15 SDSN6A01 0002637 amount of $ ),71 1.00. NIHARA DAVOOD 1105 TUNBRIDGE LN Will y°ur Payment get to us on time? Pay MECHANICSBURG PA Your bill online and your payment can be 17050-7692 made to your account on the same day Discovercard.com/payments today visit Address, e-mail or telephone change? Print change in s Ce WIBOX 15251 Ilh d, above, 0 So to Discovercard.com. Print WLMINGTON DE 19886, 5251 receive important Account information and sr e-mail address to ?rrr???r(n?n( (n?n??ru?r?ni(r???i?nn)(??r?iur((?i?u? pedal offers. 000001986458892725488108847400000001088474 Discover More Card Account Summary Account number endin ' Closing Date: ' Payment Due Date g m 0459 July 14 20 2008 Minimum Payment Due , $10 884 Credit Limit Credit Available , ? 10,002.00 Cash Credit Limit $0.00 00 $0 Cash Credit Available . $0.00 Bonuse Cashbock BonusWAnniversary Date: March 15 June 15, 2008 Previous Balance page 1 of 1 Payments And credits $10,88474 Purchases 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance chair s + 0.00 New Balance + 0.00 $10,884.74 Opening Cashback Bonus Balance New Cashback Bonus Earned $ 0.00 -0 00 Cashback Bonus Balance -Available to -Redeem - How Can We Help You? It's your choice - 3 ways to help Please have your Discover Card available. For TDD (assistance for hearing impaired) see reverse side i T $ 0.00 $ 0.00 - Visit Discover com to pay your bil for no cost, view your latest Account information, earn and redeem rewards and more Call 1-800-DISCOVER (347-2683) for fast, easy self service options or to speak with a Customer Service Account Manager Write us at Discover Card PO Box 30943, Salt Lake Ctty, UT 84130 2. 3. ransactions $0 Fraud Liability Guarantee Use Your Discover Card with confidence. ' Information For You EXHIBIT While we are permitted under the Cardmember Agreement to increase the APRs on our Acc "` was late, we have chosen not to do so at this time. We have terminated, Purchases and an your aunt because your payment l special balance transfer rate, however, an introductory or A Promotional rote on 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 i you lail to minimum payment due by the Payment due date. See the Default Rate Plan section of the Cardmember Agreement for etails. pay the • %,"urge summary Average Daily balance s Daily Ratesdic Peri6 Rat Nominal P RCENTAGE ANNUAL PERCENTAGE Perriioddic fl?nsaction current billin g period: 31 days e RA_ S R E FINAN CHAR .cS ? Purchases $0 Past Purchases $0 0.07942% 28.99% F QjAk s Cash Advances $0 previous billi 0.07942% 0.07942% 28.99% F 28.99% 28.99% $0 $0 none ng period: 30 days Purchases 28.99% F 28.99% $0 none $0 $0 The rates that apply to Your Account are eith 0.07942% er fixed (F) or the 28.99% F 28.99% may vary M as n oted 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. (;igWnaftwZe=e)-:e WWR # 6919666 NIHARA DAVOOD 6011002700660459 Cti P--), cz;) C? "4 Fr , h V 1 r6ti) ZIn SHERIFF'S RETURN - REGULAR CASE NO: 2008-05779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DAVOOD NIHARA NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVOOD NIHARA the DEFENDANT at 1900:00 HOURS, on the 1st day of October , 2008 at 1105 TUNBRIDGE LN MECHANICSBURG, PA 17050 by handing to FAZAL DAVOOD, HUSBAND 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 Service Affidavit Surcharge 011316? So Answers: 18.00 i 13.00 ?-_-? .00 ' 10.00 R. Thomas Kline .00 V 41.00 10/02/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this day of , By: c??c Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NIHARA DAVOOD Defendant No. 08-5779-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE and END FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. 442524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6919666 1 1k IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-5779-CIVIL TERM NIHARA DAVOOD Defendant PRAECIPE TO SETTLE DISCONTINUE and END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: i James C. War ddt, Esquire PA I.D. #425 WELTMAN INBERG & REIS CO., L.P.A. 1400 Kopp rs ilding 436 Seve h A enue Pittsbur , P 15219 (412)43 -7 55 Sworn to and subscribed Before me the :? R, 2008 WRIC COhlitew Pilhftri T!; i .'" -' : V, NW, Member, Pe??svl r• r ; ,,ci;linrs of Natarie t -D "i_....: ?.i