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Home My WebLink About08-7248t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: vs. COMPLAINT IN CIVIL ACTION MICHAEL M INNERS 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 06894066 C A Pit ABR 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MICHAEL M INNERS 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: MICHAEL M INNERS 155 CEDAR LN CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5366 . 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 19, 2008 , in the amount of $1700.99 . 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 $300.00 . 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 , MICHAEL M INNERS INDIVIDUALLY , in the amount of $1700.99 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $300.00 , and costs. James C. ro t,42524 WELTMAN, E NBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsbu gh, PA 15219 (412) 34- 955 FAX: 2- 8-7130 06894 66 A Pit ABR This law firm is a debt collector attempVTl g to collect this debt for our client and any information obtained be used for that purpose. - --- ---11 INUmaer ending in 6366 C RD 50.00 L700.00 Enter Amount Enclosed Below 46 Payment Due Date $ March 28, 2008 29 SDSN6A01 0000215 MICHAEL INNERS Will your payment get to us on time? Pay 1868 LOG RUN RD your bill online and your payment can be WILLIAMSPORT PA 17701-1006 made to your account on the same day.Visit Discovercard.com/payments today. PO BOX 15251 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 "'???'?"??????????????ii?i(iii(,lil, receive important Account information and special offers. 000001986458550176560000000000000000070000 Discover More Card Account Summary Closing Date: Account number ending in 5366 Payment Due Date March 28 Minimum Payment Due , $700.00 Credit Limit $7,002.00 Credit Available $0.00 Cash Credit Limit $3,600.00 Cash Credit Available $0.00 February 29, 2008 page 1 of 1 Previous Balance 2008 Payments And Credits $1,700.99 Purchases - 1,700.99 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 _ New Balance + 0 00 _ $0.00 Cashback Bonus® O i pen ng Cashback Bonus Balance $ 0.00 New Cashback Bonus Earn d e + 0.00 Cashback Bonuses Anniversa ry - - - -- - - - . -- - -- Cashback Bonus Balance $ 0.00 Available to Redeem Date: February 19 - - - - - - _ - $ - - - - .O QO _ - _ _ . How Can We Help You? 1 • Visit Discover.com to pay your bill for no t i It's your choice - 3 ways to hel cos , v ew your Account ti ore 2 C ll t p Pl . a 1-800-DISCOVER (347--2683) fo efast eas c a lf ease have your Discover Card available. , y se -serv options or to speak with a Customer Service Account M For TDD (assistance for hearing impaired) see reverse side anager 3' Write us at Discover Card PO Box 30943 , , Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date Payments and Credits Feb 29 Feb 29 CHARGE OFF ACCOUNT-PRINCIPALS $ -1,700.99 Finance Charge Summary Averse 9 Daily Dail Daily Rate dic B l Nominal ANNUAL ANNUAL Transaction Periodic Fee SNTAGE PERCENTAGE RAT a ances current billing period: 10 days FINANCE FINANCE E RATES CHARGES CHARGES Purchases $0 0.00271% Cash Advances $0 0.99% F 0.99%, $0 0.00271% The rates that apply to our Ac t none 0.99% F 0.99% $0 $0 y coun are either fixed (F) or the y may vary (V) as noted above. EXHIBIT OCT-01-2008 17:09 WWR GROVE CITY 6148012603 P.06 VERIFICATION The undersigned does hereby verify subject to t enalties of 1$ A.C.S. §4904 relating to unsworn falsifications to authorities, that he/s is S ACCOUNT MANAGER of DFS SERVICES LLC ((Name) (Title) , plaintiff herein, that (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ( ignature WWR# 6894066 DFS# 6011002430315366 OD 00 -: crnj ? co c- ? (RP SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07248 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS INNERS MICHAEL M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT INNERS MICHAEL M but was unable to locate Him in his bailiwick. COMPLAINT & NOTICE , He therefore returns the NOT FOUND , as to the within named DEFENDANT , INNERS MICHAEL M 155 CEDAR LANE CARLISLE, PA 17015 PER CURRENT RESIDENT, MOVED. PER POST OFFICE, MAIL IS STILL DELIVERED TO ADDRESS GIVEN. Sheriff's Costs: So answers--- Docketing 18.00 -? ?- =- =- Service 4.50 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 37.50 WELTMAN WEINBERG & REIS 12/29/2008 Sworn and Subscribed to before me this day of , A.D. f..Pe ?? ? Mr7 ::#?l .? ?,? r_?,_ ??i - :-- ._??? t [.%? ?..?? ^, ..;_ {? '. k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL M INNERS Defendant(s) No. 08-7248 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA ID #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#6894066 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7248 CIVIL TERM MICHAEL M INNERS Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W PA ID #425 WELTMA 1400 Kop e Esquire 4BERG & REIS CO., L.P.A. ling 436 Seve t Avenue Pittsbur , PA 15219 (412) 434-7955 W WR #6894066 ./L THE 2009QCT °6 AM 8: 41o.ao PQ AITY 030 8R I?g 712 M 2,31 q8q Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ??yti?ttt? of t'`it?pLer/,??fh Or' ,.L ,,r ,?: r F(LEL , ?i--hC[ OF THE" P C --rGh"0r Y TRA4 2009 OCT IS AM 9: 09 .ItJtlfiNv XINT pE t f vs YLV,Aytq!a Discover Bank vs. Michael M. Inners Case Number 2008-7248 SHERIFF'S RETURN OF SERVICE 10/12/2009 02:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1425 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael M. Inners, by making known unto himself personally, at 155 Cedar Lane Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 October 13, 2009 SO ANSWERS i R THOMAS KLINE, SHERIFF By De A?ge . i ,a, -. FILED-4j - OF THE 7h JO7 2D 1 D J,?,?! 11 Phi 12: 14 CUPr?f ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL M INNERS Defendant No.08-7248 CIVIL TERM PRAECIPE FOR 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#6894066 Judgment Amount $2000.99 414.00 P 0 'k TW ev,# 'f3'7 4&A VIP a 310 b8(o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL M INNERS Defendant Civil Action No. 08-7248 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MICHAEL M INNERS, in the amount of $2,000.99 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, W BERG & REIS CO., L.P.A., By: Attorney for Plaintiff MICHAEL M INNERS, By' Defendant W WR#6894066 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7248 CIVIL TERM MICHAEL M INNERS Defendant 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, MICHAEL M INNERS, above-named, in the amount of $2,000.99 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $1,700.99 with continuing interest thereon at a rate of 6.00% per annum from the date of judgment, plus attorneys' fees in the amount of $300.00 and costs 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, MICHAEL M INNERS , in the amount of $1,700.99 plus continuing interest thereon at the rate of 6.00% per annum from the date of judgment, plus attorneys' fees in the amount of $300.00 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) $100.00 due by NOVEMBER 18, 2009; (b) no less than $100.00 per month due on the 15"' of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. The first payment due under this agreement is 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 Plaintiff's 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/, 2009 I— WELTMAN, WEINBERG & REIS CO., L.P.A. By: 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#6894066 By: Defendant, MICHAEL M INNERS r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7248 CIVIL TERM MICHAEL M INNERS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 1111/10 (xx) Assumpsit Judgment in the amount of $2,000.99 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 Protho MICHAEL M INNERS 155 CEDAR LN CARLISLE,PA 17015 By: PROTH A (OR D DUTY)