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Home My WebLink About09-0062~ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintif f No : ~Q` ~~~ CD~q 4 vs. DANIEL P WELLNER 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 07131616 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No ~ ~, ~9- DANIEL P WELLNER 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: DANIEL P WELLNER 427 PARK HILLS DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX9085 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 17, 2008 in the amount of $2520.20 . 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 DANIEL P WELLNER ,INDIVIDUALLY in the amount of $2520.20 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $500.00 and costs. James C. a ro t,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Se en Avenue, Suite 1400 Pitts rg PA 15219 (412) 43 -7955 FAX: 41 -338-7130 071 6 C A Pit ABR This law firm is a debt collector attem~ng to collect this debt for our client and any information obtained will be used for that purpose. ve~at'~a6;f'"N t>C~. 52,520.20 ~ c n~a o , 52,520.20 Payment D eu Da of November 21, 2008 22~D:iNHAOt 0006153 (~ ~ 6~ DANIEL WELLNER ~~ / 427 PARK HILLS DR ~""~~~.~~~~' MECHANIGSBURG PA 17055-4963 ,~+' ~f ~''~ • •~~-~••• mwi onulny IO 7VOJ Enter Amount Enclosed Below {{ k•w Please make check 1 ~, Minimum payment dpue mclludes a paset duerd. amount of X594,00. WWII your payment get to us on time;: Pay your bill online and your payment can be made to your account on the some day. Visit Discover.eom/pesymen(te t~uy PO BOX 6103 ~~~ ~~ Address, e-mail or telephone change$ Print change in space sr~ rrrrr~r~s'~'~s~~rr~ above, or go to Dis:overcard.com. Print your e-mail address to CAROL STREAM IL 60197-6103 receive important Account information and special offers. I'~I"~I~~~~~~III~I~i~~~~l~'I~~~~~III~""'~~~~~~~~~~~~~~~~~~~ 0000019864589834543290252020000D0000252020 Discover More Cord A r ccount Su mmary .Account number endi i Closing pme; Cktober 22 200g ng n ,'Payment Due Date 9085 Novembe 21 , Previous Balance Page I of 1 Minimum Payment Due r , 2008 $2 520 20 Payments And Crodits 52,520.20 Credit Limit , . 00 $ I500 Purchases 0.00 Credit Available . 30 ~ Cash Advonces + 0.00 Cash Credit limit 30 ~ Balance Transfers + 0.00 Cash Credit Available $0'~ Finance Cho s + 0.00 New Balance + 0.00 32,520.20 r„~.~.~__~_ ., ~..vne/M{.R DOIIVS Opening Cashback Bonus Balance New Cashback Bonus Earned ~ _=~ -lashback Bonus-Anniversary _ - .. _ . _ _ _ Cashback Bonus Ba~lonce 3 'Date: August 22 _ .. - - - - - -Avsvlsabls to_Bedoem _ _ . _ _ ---- _ _.$ -- ~--O.QO. a~w ~.an we rielp You? r t s your choice ~- 3 ways to help Pleaae have your Discover Card available, ,For TDD (assistance For hearing impaired) see reverse side 1 • Visit Diseowr.eom to Puy yO1r b~ ~, no cost, view your latest Account information, earn and redeem rewards and more 2. Call 1-800.pISCOVER (347-2683) for fast, easy sel~servics options or to speak with a Customer Service Account Manager 3• Write us of Discover Card, PO Box 30943, Salt Lake City, UT 84130 ExHiair ;finance Charge Summa ry Average Daily Bates poi Periodic Rates Nominal P RCEN AT c,E ~ ~NUAL PERCENTAGE FW~'C Transaction Fse current billing period: 22 days -`~'- - S ---- RATE_ S _ E ~ F Purchases 30 Cash Advonces 30 previous billin g Period: 5 days 0.07942% 0.07942% 28.99% F 28.9990 F 28.999'0 28 99% 30 none Purchases 30 . 30 30 The rates that a I to our Account are eith PP Y y fi c8'~99e F 28,99yo 30 none er xed (~ or the Y m Y ry N~ as n oted 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 Maegie Foight __ Accounts Manager of DFS Services LLC (Name} (Title) ,plaintiff herein, that (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. (Signa e ~ WWR# 7131616 Daniel P. Wenner '6011002873299085 ~'.~ r ~ "-~ :...) ~ '-r'i ~'' ~ ~ ' r - 7 ~"` '~ ~ ~-.1 'T7 AA __ ~V ~ 0 ; r ~ J ..C W I 1' . .. ~ ""