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Home My WebLink About09-0689 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: (q- (009 l:iV?l-7er-w, vs. COMPLAINT IN CIVIL ACTION LINDA L KEAST 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 07184666 C A Pit ABR 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No LINDA L KEAST 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: LINDA L KEAST 40 ADELE AVE CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5255 . 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 21, 2009 , in the amount of $17096.52 . 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 $1500.00 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 , LINDA L KEAST INDIVIDUALLY , in the amount of $17096.52 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. ar ro t,42524 WEINBERG & REIS CO., L.P.A. 4h Avenue, Suite 1400 P, PA 15219 JA)34-7955 (F 38-7130 0A Pit ABR This law firm is a debt collector attting to collect this debt for our client and any information obtained will be used for that purpose. 'Vr-K $17,146.52 $17,146.52 Enter Amount Enclosed Below CARD Payment Due Date December 10, 2008 please make check payable to Discover Card. Minimum pa ment due includes a past due amount of $3,954.08. 15 SDSN6A01 0002806 LINDA KEAST Will your payment get to us on time? Pay 40 ADELE AVE your bill online and your payment can be CARL ISLE PA 17015-8122 made to your account on the some day. Visit Discover.com/payments today. n PO BOX 6103 Ill?nll??unll?l?lnlnll CAROL STREAM IL 60 Address, e-mail or telephone change? Print change in space 197-6103 above, or go to Discover.com. Print your e-mail address toui??i??nn?l?u?n?? receive important Account information and special offers. 000001986458079402646171465200000001714652 Discover Open Road Card Account Summary Closing Date: November 15 2008 e 1 of 1 ;Account number ending in 5255 Previous Balance f-8 Payment Due Date December 10, 2008 Payments And Credits $17.146.52 Minimum Payment Due $17,146.52 0.00 Purchases Credit Limit $14,100.00 + 0.00 Cash Advances Credit Available $0.00 Cash Credit Limit $0 00 + 0.00 Balance Transfers + 0.00 , Cash Credit Available $0.00 Finance Charges + 0 00 New Balance = $17,146.52 ,Cashback Bonus Opening Cashback Bonus Balance $ 0 00 Gas & Auto . New Cashback Bonus Earned + 0.00 ;Cashback BonusWAnniversary - - - - - - - - - - - - - - - - - - $ 0.00 -Available o Redeem Date: December 15 - $ 0.00-_.. ,How Can We Help You? 1 • Visit Discover.com to pay your bill for no cost view our It's your choice - 3 ways to hel , y latest Account information, earn and redeem rewards and more 2 Call 1-800 DISCO p Please have your Discover Card available. . - VER (347.2683) for fast, easy self service 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 ;Finance Charge Summary Average Daily Daily Peodic Nominal ANNUAL PERCENTAGE ANNUAL Periodic Transaction Fee fin-lance s current billing period: 31 days Rat.. PERCENTAGE RATES FINANCE CHARGES FINANCE CHARGES Purchases $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 none previous billing period: 30 days 0.07942% 28.99% F 28.99% $0 $0 Purchases $0 0.07942% 28.99% F 28.99% $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. none EXHIBIT 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 Manager 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# 7184666 Linda L. Keast '6011002900365255 coo fY) SHERIFF'S RETURN - REGULAR CASE NO: 2009-00689 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS KEAST LINDA L KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KEAST LINDA L the DEFENDANT , at 0020:33 HOURS, on the 11th day of February-, 2009 at 40 ADELE AVENUE CARLISLE, PA 17015 by handing to LINDA KEAST 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: So Answers: Docketing 18.00 Service 8.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.10 02/12/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By: before me this day epu ff of A.D. ? ° -;? ' ?? -? '"? _?,,-, „? ?. --? :,.?: ;: ?f .. r.? ,?: -a :? --a. DISCOVER BANK Plaintiff VS. LINDA L KEAST Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 09-689 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07184666 C A Pit ABR Judgment Amount $18596.52 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 09-689 CIVIL TERM LINDA L KEAST PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant LINDA L KEAST above named, in the default of an Answer, in the amount of $18596.52 computed as follows: Amount claimed in Complaint $17096.52 Less payments / adjustments made $0.00 Attorney's fees $1500.00 TOTAL $18596.52 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 : G? /'_ William T. Mo zan,47437 07184666 C A Pit ABR Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendant is: 40 ADELE AVE CARLISLE, PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. LINDA L KEAST Defendant TO: LINDA L KEAST 40 ADELE AVE CARLISLE, PA 17015 G? Date of Notice: 19log Case No. 09-689 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 CARLISLE, PA. 17013 (717) 249-3166 WELTMM, WEINBERG & REIS CO., L.P.A. By: Matt ew Urban P.A.1.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7184666 A PIT J4C DISCOVER BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VS. Civil Action No. 09-689 CIVIL TERM LINDA L KEAST NON-MILITARY AFFIDAVIT The undersigned, who first 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 , LINDA L KEAST 40 ADELE AVE CARLISLE, PA 17015 is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the Defendant , LINDA L KEAST 40 ADELE AVE CARLISLE, PA 17015 is not in the military service. Further Affiant sayeth naught. AFFI T SWORN TO AND SUBSCRIBED in my presence this ff r I' In C W4EALTH ±?F P, HSyLVAN1A 'mm?risee1 }tieacS" Kerr. Notary PLM City Of pm,4 urgh. AAegh" CAN* Comm sew &xaroe Nov. MernW, Pennsy+venis d?esod t?lols?lee Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAR-27-2009 04:59:17 Last Name First/Middle Begin Date Active Duty Status Service/Agency KEAST LINDA 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. 14. 10 V lot 4j4, )Uk 4?0?_ 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/fa /cLpis/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: BSCXZBXDTEG https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/27/2009 FILED-,,)' E OF THE r Fr-.O ; , r?r'-i-'.( 4?. ..?a.1ni AY 2609 APR 14 AM 9: 32 PR4INSYLVANI -+I*.oo PA ATN fir ??u?y3 IJ?e? fat?.i.4?! DISCOVER BANK Plaintiff VS. LINDA L KEAST IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-689 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th- following order of Judgment was entered against you on 4/NO9 (xx) Assumpsit Judgment in the amount of $18596.52 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 Pro By: LINDA L KEAST 40 ADELE AVE CARLISLE, PA 17015 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955