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Home My WebLink About09-0585r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. AMIE M METZGER Defendant No. C)q - 585 civil -Fer , COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#6134297 } IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. Civil Action No. AMIE M METZGER Defendant COMPLAINT IN CIVIL ACTION 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 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 in 220 W SCHROCK RD WESTERVILLE, OH 43081-0000. 2. Defendant is an adult individual residing at 1021 TEAKWOOD LANE ENOLA,PA 17025 3. Defendant applied for and received a credit card bearing the account number 4896. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of DECEMBER 19 2008, in the amount of $ 2,644.11. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 0.00% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, AMIE M METZGER individually, in the amount of $ 2,644.11 with continuing finance charges thereon at the rate of 0.00% per annum from DECEMBER 19 2008 plus costs. 40 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. Wo P.A.I.D.# 42 Weltman, We 436 Seventh Pittsburgh, P (412)434-7 Fax: 412-3E ?& Reis Co.,L.P.A. ue, Suite 1400 19 130 WWR#:61 MEMO- Page 1 of 1 This Month's Aotivlty: Trans Releronce credit Tr ion Pate NumWr PIOM449 pwrcrlptlon :::::.Lot34igon iirriouitt 04/02/07 00000000 001 LATE PEE $29.00 We are attempting to work with you. It payment is not received your aooount will be turned over to our Audit and Investigation Division. To make a payment by phone using your bank account, or to discuss payment arrangements, please call 1-800.695.9872. tw/HBO Statement summary: Account: 585&3710.09174896 Payment Due Date: Today Credit Limit $0.00 Awrags Daily Bakntoe =x,340-64 Previous Dal tnos $2,507.49 Available Crodt ZO-00 DAILY Perlodo Rata 0.0664694 i New Charges 1129.00 Closing Data 04/0912007 Corrosponding ANNUAL - Paymenta/Credib $0.00 Days in Billing Period 32 PERCENTAGE RATE 24.990094 4 FINANCE CHARGEa $55.88 &ohaduled to Pay 5252.00 = Now Belanoe $2,59215 Past Due 3596.00 ANNUAL PERCENTAGE RATE 24.9900% Minimum Payment $839.00 Whimum FINANCE CHARGE $0.00 _ N07rCF: Ses rowrtre aide Ibr Hlmortent Inlorrrratbn °--._..... Please tear at perloMinn above Acoou nt Payment must reach Number 8856.3710.W174896 us by 112 pm ET on: New Bakmoo Minimum Payment Today $2Z592.1 5 $838.00 99 4 Yes,1 have moved or updated Please make checks payable to: ?J 9-Mall Boo Reverts WFNNP - VALUE CITY FURNITURE Amount inclosed 1111 11111111111 rirh lls11r11nr1 $00DDO . DD AMIE M METZGER 204 VALLEY RD SUMMERIIALE PA 17093 Pease return this portion with your payment to: PO BOX 559704 SAN ANTONIO TX 78266.9704 07201004 064541 58563710091748960002592150000838001 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is Mt.?w 24 (Name) of v/?w? , plaintiff herein, that (Title) (Company) he/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 his/her knowledge, information and belief. i (Signat re) WWR#6134297 00 O D J 0* U* 6' D rt:? ucs co CLA SHERIFF'S RETURN - REGULAR CASE NO: 2009-00585 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLD FINANCIAL NETWORK NATION VS METZGER AMIE M KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE METZGER AMIE M DEFENDANT was served upon the at 0018:18 HOURS, on the 10th day of February-, 2009 at 1021 TEAKWOOD LANE ENOLA, PA 17025 MARLIN COMP by handing to ADULT IN CHARGE 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 18.00 Service 13.50 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.50 02/11/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By; -,?/ /5:?? P before me this day D ut S e f of A.D. f-g N rte" y ?4 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. AMIE M METZGER Defendant No. 09-585 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#6134297 Judgment Amount $ 2644.11 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 WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. Civil Action No. 09-585 CIVIL TERM AMIE M METZGER Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, AMIE M METZGER above named, in the default of an Answer, in the amount of $2644.11 computed as follows: Amount claimed in Complaint $2644.11 Interest from DATE OF JUDGMENT at the legal interest rate of 6.00% per annum $ TOTAL $2644.11 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, 1 -- - ' James C. War odt, P.A.I.D.# 42 4 Weltman,W inb rg & Reis Co .,L.P.A. 436 Seve A enue, Suite 1400 Pittsbur P 15219 (412)4 4-79 5 Fax: 2- 8-7130 WWR#6134297 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1021 TEAKWOOD LANE ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FIN NETWORK NAT BANK Plaintiff VS. AMIE M METZGER Defendant Case No. 09-585 CIVIL TERM IMPORTANT NOTICE TO: AMIE M METZGER 1021 TEAKWOOD LANE ENOLA, PA 17025 Date of Notice: { o toq - 2? f 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 MFORMATION 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 WELTMA)W, WEINBERG & REIS CO., L.P.A. By. Matt ew Urt? n P.AI.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6134297 A PIT SMI ,Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-25-2009 05:38:02 Last Name First/Middle Begin Date Active Duty Status Service/Agency METZGER AMIE 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 f600 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/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/25/2009 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff VS. AMIE M METZGER Defendant Case no: 09-585 CIVIL TERM 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, AMIE M METZGER 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, AMIE M METZGER is not in the military service. Further Affiant sayeth naught. AFFIANT SWqAN TO W SUBSCI/BIZ in my presence this/ 1 day V COMMONWEALTH OF PENNSYLVANIA ARY PUBLI Heide, NootaryPublic pb Of P k ANe"W 0o rity W Oatn abn EM WO Nov. 4, 2008 Member. Pennsylvenle A"ocWtbn of NotMee 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. OF THE PROTY NARY 2009 APR -6 FM 3: {4 \+4?IL? _,i JUUii f ?IF oo P ? A? C?* ?53Rq aa33a.2? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff VS. Civil Action No. 09-585 CIVIL TERM AMIE M METZGER 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 (xx) Assumpsit Judgment in the amount of $2644.11 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 ByAHONOTA®RYfO_R PR AMIE M METZGER 1021 TEAKWOOD LANE ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 1-888-434-0085