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Home My WebLink About08-7429IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ?0 7L{«`L????,? VS. COMPLAINT IN CIVIL ACTION ROBERT E MCDONALD 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 07078215 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ROBERT E MCDONALD 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: ROBERT E MCDONALD 9 N 29TH ST CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3681 . 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 December 04, 2008 , in the amount of $7709.40 . 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 $1000.00 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 , ROBERT E MCDONALD INDIVIDUALLY , in the amount of $7709.40 with interest at the legal rate of 6.000o per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James C. o t,42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Seve t Avenue, Suite 1400 Pittsbu gh, PA 15219 (412) 4 4-7 55 FAX: 4 2-33 -7130 070782 5 C A Pit ABR This law firm is a debt collector attempt ng o collect this debt for our client and any information obtained w 11 e used for that purpose. _ Lofl*Ja c ,D V fcM $7,709.40 r Xm" ..__. _....,? ... ,,..., , n ? $661.00 I Enter Amount. .Enclosed Below Payment Due Date -7p 7,f -A / October 23, 2008 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $A89.00. 24 SDSN6.401 0027919 ROBERT MCDONALD Will your payment get to us on time? Pay 9 N 29TH ST your bill online and your payment can be CAMP HILL PA 17011-2902 made to your account on the same day. Visit Discover.com/payments today. PO BOX 15251 Illnrlluu?1111Ill1111111 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 receive important Account information and special offers. 00000198645898046437007?094000000000066100 Discover More Card Account Summary Closing Date: Account number ending in 'Payment Due Dat 3681 e 'Minimum Payment Due October 23, 2008 $661.00 Credit limit $8,600.00 Credit Available $0,00 Cash Credit Limit $6,500.00 Cash Credit Available $0.00 September 24, 2008 page 1 of 1 Previous Balance $7 509 36 Payments And Credits , . Purchases 000 Cash Advances + 39.00 Balance Transfers + 0.00 Finance Charges + 0.00 New balance + 161.04 You may be able to avoid Periodi $7,709.40 c Finance Charges see the reverse side for details. , 'Cashback Bonus® Opening Cashback Bo g I EXHII dance $ 0 New Cashback Bonus Ear ne + 0.00 Cashback Bonus® Anniversary - Cashback Bonus Balance ~"""---?- to Redeem $ 0.00 Available Date: February 24 . $... 0.00 How Can We Help You? I. Visit Discovercom to pay your 1691 for no t i It's your choice - 3 ways to hel cos , v ew your ll tl ti ore 2 C c p Please have your Discover Card available. . a 8 00-DISCOVER (347--2683) for Fast, easy self servi a 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 8,4130 Transactions $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date Other/Miscellaneous Sep 24 Sep 2,4 LATE FEE ' Information For You $ 39.00 * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for futur payments should be made imm di t l e a e y. e Finance Charge Summary Averse Daily Average P® ilodic Nominal PERT EENTTAGE NUAL Periodic Transaction ee f Balance s Rates P MAC E GES current billing period: 31 days CWG S CHU :'Purchases $6772.07 'Cash Advances $814 93 0.06847% 24.99% V 24.99% $143 74 . The rates that apply to our Ac t 0.06847% 24.99% V 24.99% . $17.30 none $0 y coun are either fixed (F) or they 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 she is Maggie Foight (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) she 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 her knowledge, information and belief. wL4,'.**-4't?' (Sig WWR # 7078215 ROBERT E MCDONALD 6011002870313681 :vmsu v O ?J r^> .- t cw? rn C? CT1 N N 17 C.'1 Sri rt SHERIFF'S RETURN - REGULAR CASE NO: 2008-07429 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MCDONALD ROBERT E DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT F, NTnTTrP MCDONALD ROBERT E DEFENDANT was served upon the , at 1224:00 HOURS, on the 29th day of December , 2008 at 9 N 29TR qTP 7T: T CAMP HILL, PA 17011 ROBERT E MCDONALD by handing to a true and attested copy of COMPLAINT & NOTTr7 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.60 r' Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.60 12/30/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to ,... ? By: before me this day De uty Sheri of A. D. ? ... .. .3 .. r.."> ?? -?? 4? .,...+'? ?A ?y ,ea-r f t:J f ..r . ?, .. 4 . `mow IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT E MCDONALD Defendant No. 08-7429 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#7078215 Judgment Amount $ 8,709.40 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. • .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-7429 CIVIL TERM ROBERT E MCDONALD Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ROBERT E MCDONALD above named, in the default of an Answer, in the amount of $8,709.40 computed as follows: Amount claimed in Complaint $7,709.40 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $1,000.00 TOTAL $8,709.40 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 William T. Molczan, Esquire U PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7078215 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 70' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 9 N 29TH ST, CAMP HILL,PA 17011 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 08-7429 CIVIL TERM Plaintiff VS. ROBERT E MCDONALD 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, ROBERT E MCDONALD 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, ROBERT E MCDONALD is not in the military service. Further Affiant sayeth naught. W AFFIANT SWORN TO AND SUBSCRIBED in my presence this I day of ?. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public NOT /ARY PUB C City Of pftburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Notafles 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 FEB-09-2009 10:28:12 < Last Name First/Middle Begin Date Active Duty Status Service/Agency MCDONALD ROBERT 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. 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/Tis/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: BYFIEGXGJM https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/9/2009 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT E MCDONALD Defendant Case No. 08-7429 CIVIL TERM IMPORTANT NOTICE TO: ROBERT E MCDONALD 9 N 29TH ST CAMP HILL, PA 17011?(QJ Date of Notice: L`?f?Cl 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. Patrick Woodman P.A.I. D.# 34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7078215 A PIT 13413 I3 od • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-7429 CIVIL TERM ROBERT E MCDONALD Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ment was entered against you on (xx) Assumpsit Judgment in the amount of $8,709.40 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 ONOTARY P ) ROBERT E MCDONALD 9 NORTH 29TH ST CAMP HILL ,PA 17011 Plaintiff's 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 CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT E MCDONALD Defendant(s) No. 08-7429 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#7078215 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-7429 CIVIL TERM ROBERT E MCDONALD Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT 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 PA I.D. # 425 WELTMAN 1400 Koppe s 436 Sevent PittsburghiPA (412) 434-7999 WWR #7078215 Sworn to and subsc ibed before me this day of August, 0 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gaul, Notary Public r City of Pltaburgh, Allegheny County NOTARY UBLIC me Y COMrenn3 r a I &2 1w. i, or I?o0 Esquire ERG & REIS CO., L.P.A. venue 15219 ARY OF THE 2GO9 AUG 18 F l 1: 03 CUNI-i VII $ S. oo Po A`r" Co qjSS(vSq eaa93q?