HomeMy WebLinkAbout09-0487
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: Og- ?7 t?lU?l.vs.
COMPLAINT IN CIVIL ACTION
EMILY PHOUASALITH
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
07185111 C A Pit ABR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
EMILY PHOUASALITH
Defendant
Civil Action No
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
y
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:
EMILY PHOUASALITH
4516 FLORENCE AVE APT C
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX8991 . 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 January 16, 2009 , in the amount of
$3210.85 .
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 , EMILY PHOUASALITH INDIVIDUALLY , in the amount of
$3210.85 with interest at the legal rate of 6.000% per annum from date
of judgment plus attorneys' fees of $500.00 , and costs.
James a ro t,42524
WELT & REIS CO., L.P.A.
436 Se h Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
07185111 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.
VtJ%r V L;M 53,210.85
CARD
22 SDSN6A01 0003248
EMILY PHOUASALITH
4516 FLORENCE AVE APT C
MECHANICSBURG PA 17055-4389
$3,210.85 I Enter Amount Enclosed Below
Payment Due Date $
December 21, 2008 Please make check payable to Discover Card.
Minimum ppayment due includes a past due
amount of $637.00.
Address, e-mail or telephone change? Print change in space
above, or go to Discover.com. Print your e-mail address to
receive important Account information and special offers.
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
Discover.com/payments today.
PO BOX 6103 Ill?rrllrrr??l?l??lrlrllrrl
CAROL STREAM IL 60197-6103
I?ILJL???I [IIII IIIIntlIIII n111111nu1111It rn[I11111111
000001986618059609292032108500000000321085
Discover More Card Account Summary
Closing Date: November 22, 2008
!Account number ending in
!Payment Due Date
Minimum Payment Due
Credit Limit
Credit Available
,Cash Credit Limit
Cash Credit Available
page 1 of 1
8991 Previous Balance $3,210.85
December 21, 2008 Payments And Credits 0.00
$3,210.85 Purchases + 0.00
$2,900.00 Cash Advances + 0.00
$0.00 Balance Transfers + 0.00
$0.00 Finance Charges + 0.00
$0.00 New Balance = $3,210.85
;Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
;Cashback Bonus® Anniversary --- - -- - - - - - -- - - - - - - -Available to-Rsdeam_ _ _ _ -0,00 - .. .
Date: May 22
;How Can We Help You? 1. Visit Discover.com to pay your bill for no cost, view our
P latest Account information, earn and redeem rewards and more
It's your choice - 3 ways to help 2. Call 1.800-DISCOVER (347-2683) for fast, easy self service
Please have your Discover Card available. options or to speak with a Customer Service Account Manager
for TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943,
Salt Lake City, UT 84130
;Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Information For You
;While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment
was late, we have chosen not to do 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 purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the
minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for
details.
Finance Charge Summary
i Nominal
Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily
Balances Periodic
Rates PERCENTAGE
RATES PERCENTAGE
RATES FINANCE
CHARGES FINANCE
CHARGES
,current billing period: 22 days
'Purchases $0 0.07942% 28.99% F 28.99%
$0
none
'Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0
Balance Transfers $0 0.07942% 28.99% F 28.99% $0 $0
;previous billing period: 4 days
!Purchases $0 0.07942% 28.99% F 28.99%
$0
none
EXHIB11
!The rates that apply to your Account 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 he is Steve Ball
(Name)
Accounts Manner 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# 7185111
Emily Phouasalith
'6011298612168991
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00487 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
PHOUASALITH EMILY
NOAH CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
the
PHOUASALITH EMILY
DEFENDANT , at 0010:23 HOURS, on the 4th day of February , 2009
at 4516 FLORENCE AVE APT C
MECHANICSBURG, PA 17055 by handing to
EMILY PHOUASALITH DEFENDANT
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.70
Affidavit .00
Surcharge 10.00
.00
39.70
Sworn and Subscibed to
before me this day
So Answers:
?,aae
R. Thomas Kline
02/05/2009
WELTMAN WEINBERG /& REIS
By:
Deputy Sheriff
of , A. D.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
EMILY PHOUASALITH
Defendant
No. 09-487-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#7185111
Judgment Amount $ 3,710.85
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 PLEA
CIV` CUMBERLAND COUNTY, PENNSYLVANIA
L DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 09-487-CIVIL TERM
EMILY PHOUASALITH
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, EMILY PHOUASALITH above named, in the default of an
Answer, in the amount of $3,710.85 computed as follows:
Amount claimed in Complaint , $3,210.85
Interest from date of judgment
at the legal interest rate of 6.00% per annum
Attorney's fees $500.00
TOTAL $3,710.85
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 T. Molczan, Esgv
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7185111
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A.,1.400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 4516 FLORENCE AVE APT C, MECHANICSBURG,PA 17055
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 09-487-CIVIL TERM
EMILY PHOUASALITH
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 .1st lL c
(xx) Assumpsit Judgment in the amount
of $3,710.85 plus costs.
( ) Trespass Judgment in the amount
of S plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration
will be suspen ed 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:
PR HONO P Y)
EMILY PHOUASALITH
4516 FLORENCE AVE APT C
MECHANICSBURG, PA 17055
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219
1-$88-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER-BANK
Plaintiff
Vs.
EMILY PHOUASALITH
Defendant
TO:
EMILY PHOUASAUTH
4516 FLORENCE AVE APT C
MECHANICSBURG, PA1)j7055
Date of Notice:
Case No. 09487 CIVIL TERM
IMPORTANT NOTICE
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
CARUSLE, PA. 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: Matth w Urban
PAI.D.# 90863
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
7185111 A PIT J4C
r
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
EMILY PHOUASA.LITH
Case no: 09-487-CIVIL TERM
NON-MILITARY AFFIDAVIT
Defendant
i
The undersigned, who first being duly sworn, a?cording 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, EMILY
PHOUASALITH 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, EMILY PHOUASALITH is not in the military service.
Further Affiant sayeth naught.
AFFIANT
I
SWORN TO AND SUBSCRIBED in my presence this o3o day
of March, 2009. /l
/ I COMMONWeALTH OP PZNNOYLVANIA
44? ' Notarial Seal
ARRYY PU C Wayne A. Jones, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires June 2g, 2010
Member. Pennsylvania Association of Notaries
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 Page 1 of 1
Department of Defense Manpower Data Center MAR-17-2009 07:40:78
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
-K Last Name First/Middle Begin Date Active Duty Status Service/Agency
PHOUASALITH EMILY 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.
Akkk M A??_
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' anti 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/facf/pis/PC09SLDR.htm1
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:GDQXNTRVIR
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/17/2009
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