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Home My WebLink About08-6939I % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0$ - 031 CIV?L (Em vs. COMPLAINT IN CIVIL ACTION JON M SHIRK 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 07004991 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JON M SHIRK 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 16 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: JON M SHIRK 110 E WOODLAND DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8217 . 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 $9300.49 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 , JON M SHIRK INDIVIDUALLY , in the amount of $9300.49 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. James d.Warmbrodt,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 venth Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07004991 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. s?sv?rARp• 1-1% $0.00 $1,770.00 Payment Due Date May 29, 2007 30 SDSN6A02 0039591 JON SHIRK 110 E WOODLAND DR MECHANICSBURG PA 17055-3372 -- 11 14Wf"j"r ending m aL if Enter Amount Enclosed Below 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 Discover-m/payments today. PO BOX 15251 II1nrllnrnllsllnalulll Address, e-mail or telephone change? Print change ins ace WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your e-mail address to "'???'Irrlrrlrlrr?rrllrrr?rlrirlr?rlr)rrrrl?rlrlrrrrlllr?rrl receive important Account information and special offers. 000001986458639786322000000000000000177000 Discover Platinum Card Account Summary Closing Date: Account number ending in 8217 Payment Due Date May 2q 2007 Minimum Payment Due $1,770.00 Credit Limit $6,900.00 Credit Available $0.00 Cash Credit Limit $3,500.00 Cash Credit Available $0.00 April 30, 2007 page 1 of 1 Previous Balance Payments And Credits $9,300.49 Purchases 9,300.49 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance + 000 $0.00 Cashback Bonus® O EXHIBIT pening Cashback Bonus Balance $ New Cashback Bonus Earned ?'? + - -Cashback-Bonus& Anniversary - - - - - - - Cashback Bonus Balance Available-ta Redeem - - $ 0.00 Date: February 5 How Can We Help You? I. Visit Discover.com to pay your bill for n Itts your choice - 3 ways to help o cost, view your latest Account information,. earn and redeem rewards and more 2. Call 1-8MDISCOVER (347-2683) for fa t Please have your Discover Card available. For TDD (assistance for hearing impaired) see s , easy self-service options or to speak with a Customer Service Account Manager 3. Write us of Discover Card PO B rev , erse side ox 30943, Salt Lake City, UT 8,4130 .Transactions $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ •9,300.49 ,Finance Charge Summary Averse 9 Daily Daily Periodic Nominal ANNUAL PERCENTAGE ANNUAL F Transaction Fe a D4Ir r e? Rates RATES RATES PERCENTAGE INANNCE NCE current billing period: 25 days URGES QWGES Purchases $0 Cash Advances $0 0.07942% 28.99% V 28.99% $0 The rates that aPPIY to your Acc t h 0.07942% 28.99% V 28.99% none oun are eit er fixed (F) or the may vary (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. (Signature) WWR # 7004991 JON M SHIRK 6011002500238217 ?.?- ? J .mot ? • SHERIFF'S RETURN - REGULAR CASE NO: 2008-06939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SHIRK JON M SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHIRK JON M the DEFENDANT , at 0008:15 HOURS, on the 6th day of December-, 2008 at 110 E WOODLAND DR MECHANICSBURG, PA 17055 JON SHIRK by handing to DEFENDANT 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: So Answers: Docketing Service 18.00 9.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline >a?JSlb? `' - 00 37.00 12/08/2008 WELTMAN WEINBE G & R IS Sworn and Subscibed to By: before me this day Dep t Sheriff of , A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JON M SHIRK Defendant No.08-6939 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7004991 $ 9,415.99 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JON M SHIRK Defendant Civil Action No. 08-6939 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JON M SHIRK, in the amount of $9,415.99 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMA WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff WWR#7004991 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JON M SHIRK Defendant Civil Action No. 08-6939 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, JON M SHIRK, above- named, in the amount of $9,415.99 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $9,415.99 with continuing interest thereon at a rate of 6.00% per annum plus costs from March 4, 2009. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, JON M SHIRK, in the amount of $9,415.99 plus continuing interest thereon at the rate of 6.00% per annum from March 4, 2009 and costs. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) Defendant will pay a settlement amount of $6,600.00 within thirty days of the mailing of this stipulation (b) If Defendant pays that amount in a timely fashion Plaintiff agrees to file a satisfaction of judgment (c) If Defendant fails to pay aS agreed, Defendant will owe amount of judgment less any payments made plus accrued interest and costs. 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. The payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this /day of 20_. By: Def da t, JON M SHIRK WEL AN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA T.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7004991 aF Wanoawr 2809 APR -3 PM 1: S9 PENNSYLV" 414. oo P O AT114 CL`s *6c8O'7 3l RT*" aa3a(o Ikea,. IN THE COURT OF COMMON PLEAS1'OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JON M SHIRK Defendant Civil Action No. 08-6939 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgme7?1 tered against you on (xx) Assumpsit Judgment in the amount of $9,415.99 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Jon M Shirk 110 E Woodland Dr Mechanicsburg,Pa 17055 Prothonotary By: /, 4 ??? PR ONOTA IfUTY) 't , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JON M SHIRK Defendant(s) No. 08-6939 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR#7004991 . .0", IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-6939 CIVIL TERM JON M SHIRK Defendant(s) PRAECIPE FOR SATISFACTION OF , Wt.MENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W rodt, PA I.D. # 42 2 WELTMA INB 1400 Kop er uildin 436 Sev t Avenue Pittsbur , PA 15219 (412) 434-7999 W WR #7004991 Sworn to and subscribed before me this day of MW, 09 N ARY BLIC Esquire G & REIS CO., L.P.A. COIYIN10E•u?s? TEI 9F PEWNSYLVANIP, PUW WWft X JOtWM "My N lowly CRY d ? i0 " 'j Fit f } d xl JL" - J 0 U- oo P 4 AT1Y Cie* f o* ammoo