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Home My WebLink About08-6938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0%- 0,738 Civil lerM vs JONATHAN J PCOLINSKY 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 07033937 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ov JONATHAN J PCOLINSKY 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: JONATHAN J PCOLINSKY 53 CARLA DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5557 . 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 November 04, 2008 , in the amount of $9710.94 . 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 , JONATHAN J PCOLINSKY INDIVIDUALLY , in the amount of $9710.94 with interest at the legal rate of 6.0006 per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. JamefSventh Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Avenue, Suite 1400 Pittgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07033937 C 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. (.A RD Enter Amount Enclosed Below v Payment Due Date r September 14, 2008 ,t, 3 f $ Please make check payable to Discover Card. Minimum a ent due includes a post due 15 SDSN6A01 0015572 amount ofp$ T,822.00. JONATHAN PCO L I NSKY Will your payment get to us on time? Pay 53 CARLA DR your bill online and your payment can be SHIPPENSBURG PA 17257-8220 made to your account on the same day. Visit Discover.corn/payments today. PO BOX 15251 Illrullnrnrllslrlnlull Address, e-mail or telephone change? Print change in space WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your e-mail address to 1 " 11I'IIll 1 I1 111 1 11 iliI I I 1 1111 11 1 1 l1 11111 ill 11 11111 1111 111 1 receive important Account information and special offers. 000001986458845305792097109400000000971094 Discover More Card Account Summary Closing Date: August 15, 2008 Account number ending in 5557 Payment Due Date September 14, 2008 Minimum Payment Due $9,710.94 Credit Limit $8,000.00 Credit Available $0.00 Cash Credit Limit $0.00 Cash Credit Available $0.00 page 1 of 1 Previous Balance Payments And Credits $9,710.94 Purchases 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance + 000 $9,710.94 Cashback Bonus® O i pen ng Cashback Bonus Balance $ 000 New Cashback Bonus Earned + 0.00 Castback Bonus® Anniversary ance $ 0.00 --Available to Redeem EXHIBIT Date: August 15 - - _ _ . _ __ _ - -$ _ _ _ _ _0.00 .How Can We Help You? 1. V isit Discoveacom to pay year bill ter no t 'It's your choice - 3 ways to help cos , view your latest infon, eam and ore 2. Call I Account-800-DISCOVER ormati(347-2683) fo F t s f Please have your Discover Card available. For TDD (assistance for hearing impaired) see r id r as , easy el service options or to speak with a Customer Service Account Manager 3. Write us at Discover Card PO B 3094 everse s e ox 3, Salt Lake City, UT 84130, Transactions $0 Fraud Liability Guarantee U 'Information For You se your Discover Card with confidence. While we are permitted under the Cardmember Agreement was late, we have chosen n t t d to increase the APRs on your Account because our y o payment o o 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 ur h h p c purc ases to your outstanding balance of ases and balance transfers. However, we reserve the right to increase the APRs on o mini A y ur ccount if you fail to pay the mum payment due by the payment due date. See the Default Rate Plan section of the Cardmember A details. reeme t f g n or Finance Charge Summary Averse 9 Daily Dail Balances y Ratesdic Nominal ANNUAL ANNUAL Transaction Periodic Fee NTAGE NTAGE FINANCE A E ATE current billing period: 15 days FINANCE R T S CW-GES - CHARGES S R Purchases $0 0.07942% Cash Advances $0 0.07942% 28.99% F 28.99% $0 none 28 99% F Balance Transfers $0 0,07942% Previous billing period: 14 da s . 28.99% 28.99% F 28.99% $0 $0 $0 $0 y Purchases $0 0.07942% 28.99% F 28.99% The rates that apply to your Account are either fixed (F) or the y may vary (V) as 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# 7033937 Jonathan J. Pcolinsky '6011002759175557 oo ? C- M-1 ./ rn rn of SHERIFF'S RETURN - REGULAR CASE NO: 2008-06938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PCOLINSKY JONATHAN J MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the PCOLINSKY JONATHAN was served upon DEFENDANT at 53 CARLA DR , at 0008:23 HOURS, on the 6th day of December , 2008 SHIPPENSBURG, PA 17257 JONATHAN PCOLINSKY DEFENDANT by handing to 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 1A pq. 18.00 18.90 .00 10.00 .00 46.90 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/08/2008 --? WELTMAN WEINBERG REIS JYeputy Sheri A.D. 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 08-6938 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE JONATHAN J PCOLINSKY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: BENJAMIN R. BIBLER, ESQUIRE PA I. D #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7033937 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JONATHAN J PCOLINSKY Civil Action No. 08-6938 CIVIL TERM Defendant P86ECIPE TO SETTLE, DISCONTINUE ANP END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the cysts paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorne r t 2718 Kopp rs B riding 436 Seventh venue Pittsburgh, PA 15219 (412) 434-7955 WWR#7033937 SWORN TO AND SUBSCRIBED before me this day COMMONWEALI H OF PENNSYLVANIA Notarial Seal Wendy L. Galin, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member. PennsylvIni- Assodnlion of Notaries A ED--+ r"FIGS r}F 7N r )TH ;?.lr)iAAY 2009 APR 14 AM 10; 2 3 V V?Y?\-•14 .?ia..J 1 C P Ca??'v Y?.VAN#iA