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HomeMy WebLinkAbout08-6158IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK n Plaintiff No: 0$ - (0156 CtV?I Terw VS. COMPLAINT IN CIVIL ACTION APRIL DESHONG 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 06982400 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. APRIL DESHONG Defendant Civil Action No 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: APRIL DESHONG 53 CARLA DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6117 . 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 29, 2008 , in the amount of $4831.88 . 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 , APRIL DESHONG INDIVIDUALLY , in the amount of $4831.88 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. 1 WELTMAN 436 Se n' Pittsb rg] (412) 34 FAX: 12-06982 00/ armbrod ,42524 EINBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 38-7130 A Pit ABR This law firm is a debt collector attempt to collect this debt for our client and any information obtained w 1 be used for that purpose. ?••.?..• ??o ncwunr rvumoer enam in O 1 1 / eJIJ%.?`='`YCK $0.00 x$884.00 Enter Amount Enclosed Below CARD -.? Payment Due Date $ July 29, 2008 • 30 SDSN6A01 0004554 APRIL DESHONG Will your payment get to us on time? Pay 53 CAR LA DR your bill online and your payment can be made to your account on the some day. Visit SHIPPENSBURG PA 17257-8220 - Discover.com/payments today. PO BOX 15251 Illurllunsllrllnll.,r11 WILMINGTON DE 19886-5251 Address, email or telephony change? Print change in space (rrrl?lel1e?rrlelrrlrrllrrrlrle1elr)'I'le1rrlfrl,l"e'lll'I"I above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 000001986458604697470000000000000000088400 Discover More Card Account Summary Closing Date: June 30, 2008 page 1 of 1 Account number ending in 6117 Previous Balance 831.88 $4 Payment Due Date July 29, 2008 Payments And Credits , - 4 831.88 Minimum Payment Due $884.00 Purchases , + 0 00 Credit Limit $12,100.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 .Cash Credit Limit $6,100.00 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 Cashbaek Bonus Balance $ 0.00 ''Cashback Bonus® Anniversary - Available.-to-Redeem _0.00_ Date: March 23 How Can We Hel You? P ' 1 • visit oiscewr.cem to pay your 68 for no cost, view our latest Account information earn and redeem rewards and more It s your choice - 3 ways to help , 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service 'Please have your Discover Card available. options or to spook with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Sob Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Dates Post Date Payruonts and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF $ -4,831.88 EXHIBIT ;finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL M tats fl?? Daily Periodic PERCENTAGE PERCENTAGE Balances Rates RATES RATES CHARGES CHARGES current billing period: 7 days Purchases $0 0.04107% 14.99% V 14.99% Cash Advances $0 0 0 $0 none . 6299% 22.99% F 22.99% $0 $0 Balance Transfers $0 0.04107% 14.99% V 14.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) 03 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 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 # 6982400 APRIL DESHONG 6011002573386117 CA) co SHERIFF'S RETURN - REGULAR CASE NO: 2008-06158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK DESHONG APRIL VS WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DESHONG APRIL was served upon the DEFENDANT at 53 CARLA DR at 0016:51 HOURS, on the 16th day of October , 2008 SHIPPPENSBURG, PA 17257 by handing to APRIL DISHONG DEFENDANT 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 18.00 Service 17.00 Affidavit .00 Surcharge 10.00 .00 iv?22?n? 4, 45.00 Sworn and Subscibed to before me this day So Answers: 40000., R. Thomas Kline 10/17/2008 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. APRIL DESHONG Defendant No. 08-6158-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#6982400 Judgment Amount $ 5,331.88 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE I-iSED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-6158-CIVIL TERM APRIL DESHONG Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, APRIL DESHONG above named, in the default of an Answer, in the amount of $5,331.88 computed as follows: Amount claimed in Complaint $4,831.88 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $5,331.88 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, squire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6982400 Plaintiffs 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: 53 CARLA DR, SHIPPENSBURG,PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff APRIL DESHONG Defendant(s) IMPORTANT NOTICE TO: APRIL DESHONG 53 CARLA DR SHIPPENSBURG,PAtt 172157 pp Date of Notice: WWR#: 06982400 Case # -G ( 'Ca` ?`? ref 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 : a`?i u? J?i rn?rit 4 IA) wo vylo- 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: 08-6158-CIVIL TERM Plaintiff vs. APRIL DESHONG 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, APRIL DESHONG 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, APRIL DESHONG is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this &Q day vember, 200 . COMMONWEALTH OF PENNSYLVANIA Notarial Seat 4TA?RY PUB Heidi J. Kelly, Notary Public City Of P ftWgh, Agept?erhr may. r_......_ My Commbsion Expires Nov. 4, 2008 Member, Pennsylvania Assoaiailon of NoWee 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 DEC-08-2008 09:07:20 < Last Name First/Middle Begin Date Active Duty Status Service/Agency DESHONG APRIL 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. 1104j4, Akut In 44m_ 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/piis/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: BOLLFWKSPSF https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/8/2008 F © ;'. W rj, O r -y y-' 431 -<. co IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-6158-CIVIL TERM APRIL DESHONG 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 $5,331.88 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 D TY) APRIL DESHONG 53 CAR.LA DR SHIPPENSBURG, PA 17257 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7ch Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK NO. 08-6158 (Plaintiff) CIVIL TEAM VS. COMPLAINT FOR MONEY APRIL DESHONG (Defendant) I the defendant, April DeShong am not in default to an answer to this complaint. This is a second attempt to notify this law firm. 4RAIL DESHONG (Defendant) Date: December 18, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK NO. 08-6158 (Plaintiff) VS. CIVIL TEAM COMPLAINT FOR MONEY APRIL DESHONG (Defendant) 1. I, the Defendant, April DeShong deny the full amount of $4831.88, this is added late fees, high interest rate and other related charges to the actual amount for goods and services. 2. I, the Defendant, do not deny I do owe some of the debt. I never missed a payment of full minimum until the minimum was raised so high and once I got behind I couldn't get caught up. My last full payment was made in November of 2007 at which this time made the balance with interest $ 4089.61 and the minimum payment $ 164.00. 3. I, the Defendant, in addition to the debt being litigated owe $50,000 in other unsecured debt. Due to the amount of debt and all the minimum payments going up, I entered a hardship, debt solution program in December 2007. 4. I, the Defendant, am willing and able to make payments of $50.00/month until the balance of $4089.61 is paid in full. APRIL DESHONG (Defendant) Date: October 16, 2008 901ance N Minimum Payment Cue Account i lumber ending to 6117 r DISC V ER e" S4.089.61 S1".00 Enter Amc,:,nt Enclosed Below ' Payment Due Date December 22, 2007 Please make check payob!e to Discover C Ord .:r pay online 0 D scovercarc com l11,1,11111111J1L„l1 L .1L1111i,111111111rl1L1,I Li,1Ll 1t ;?ppi59':,ii1 AV t2. 1' cI)SAR8U1 34 Access cash from any ATM where you APRIL DE5HONG see the Discover* Network or PULSES 53 CARLA DR logo. To personalize your PlN call SHIPPENSBURG PA 17257-8220 1 800-DISCOVER(1-800347-2683) PO BOX 15251 illrrrilurrritI#IIIIIIJIi WILMINGTON DE 19886-5251 Address e-moil :,r telephone change- Punt change in 5pace ir1,111111111111111111111rtI1111111111111111111111111111111' 11 above, c)r go is '?i,covercard com Print your e-mad address to rece+ve !mpodant Account in6crmatrinn and spacial offers- 19511601100257328611?04089610008rOt10016400 m • Complete items 1. 2, and 3. Also complete item 4 if Re6trlcad Delivery is desired. ¦ Print your rw%if and address, on the reverse so that we can return the card to you. • Attach this card to the tack of the mailpiece, or r.ts the frW. ?'.' space permits. :vticte Addressed to V???\manr??nict }? tcEtS l0 L kJ C" 1 2- 11 Number "r-an ster from servfce tabu PS Form 3611, February ?'?9 s A. Sombse, y f ., }t El Agent "-i? 0 Addre $. Received by (Primed Nwne) C. AlAt t. D. Is d+eK-Y address different from item i C3 Yes If YES, enter delivery address hetow- ? No 3. Service Type ? Certified Mail ? Express Masi O RegWemd ? Return Receipt for Mwcthandtse D Insured Mail ? C p m 4. Restricted Delivery7 tExrm F-fm) CJ yo; 3680 E001 6645 3135 Domestic Return Receipt t , F _r