The URL can be used to link to this page

Home My WebLink About09-2442 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0_ 1g4A C,v(l 1C-m vs. COMPLAINT IN CIVIL ACTION ELIZABETH SCHMICK 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 07306019 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ELIZABETH SCHMICK 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: ELIZABETH SCHMICK 204 MAPLE AVE CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8376 . 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 March 18, 2009 , in the amount of $5303.39 . 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 , ELIZABETH SCHMICK INDIVIDUALLY , in the amount of $5303.39 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 Wa ro t,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitts ur h, PA 15219 (412) 4 4-7955 FAX: 4 -338-7130 073 6 9 C A Pit ABR This law firm is a debt collector atte ing to collect this debt for our client and any information obtained will be used for that purpose. VR,LQ V tK $0.00 $1,060.00 I Enter Amount Enclosed Below CARD J Payment Due Date February 27, 2009 30 SDSN6A01 0004749 ELIZABETH SCHMICK 204 MAPLE AVE CAMP HILL PA 17011-4122 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 111111 Ill Ill I III CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space I?Ilrrll?r?rrrlll?Ir?l???lrllrrr?r)Illrrrirll?llrr???llr?lr?ll above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458714214380000000000000000106000 Discover More Card Account Summary Closing Date: January 30, 2009 page 1 of 1 Account number ending in 8376 Previous Balance $5,303.39 Payment Due Date February 27, 2009 Payments And Credits - 5,303.39 Minimum Payment Due $1,060.00 Purchases + 0.00 Credit limit $4,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $400.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 -Cashback-Banus0AnniverBury - - - - _ _ ...._ _ ------------ AvWlable_to- Redeem ------------- _-.---$--__-.._0.00-.-__. Date: February 23 How Can We Help You? p 1. Visit Discover.com to pay your bill for no cost, view your l A f atest ccount in ormation, 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. Trans. Post Date Date Payments and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -5,303.39 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance s Rates_ RATES RATES CHARGES CHARGES current billing period: 8 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. EXHIBIT PT Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information. See your Cardmembat' Agreement. Your Cardmember Agreement contains all the terms of your Account co Lost or stolen cards. Report immediateyl Call 1400-847-2603. M dNtlrp . gMs SWtutary. In Case of Errors or Questions About Your gill: If you think your bill is wrongp, or if you need more information about a o transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt Late City. UT 84130.0421, as soon as possible. - We must hear Trom you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but °o doing so will not preserve your rights. In your letter, give us the following information: •Your name and Account number. *The dollar amount of the suspected error. #Describe the error and explain, if you can, why you believe there is an error. if you need more information, describe the item you are unsure X You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in M question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: H you have a problem with the quality of ids or services that you purchased with a credit card, and Cu ave tried in good faith to cor e t the problem with the merchant, You may of have to bay the remaining amount due on the Aaafs or Services You have this protection on when the purchase price was more an S50 and the purchase was made if your home state or wi in 100 miles of your mailing address. (if we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your checK to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed it you send cash, correspondence or other items with your payment, if you send the payment to any Mher address or if vov-dse an envelope aMer 4han-the-one-piew9ed- -PayMet I, tte:ved on rr altar 1 PM M.?nday-tkr< N Friday eF o3:: +enkeniJ or bank holiday wig be posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 6103, Carol Stream, It. 60197-6103. Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800.347-2683. You will need this statement and your bank account Information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable to correct an error in the processing of such payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Balance on each statement You can cancel a WpaVymenL however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1.800-347-2663 or by mail at address listed in the previous paragraph. If your payments may vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be Your Automatic payment amount may be lass than indicated on the monthly statement based on credits or payments applied during the billing cycle. Craft Repor6n. We may report information about your account to credit bureaus Late payments, missed payments, or other defaults on your account may be reflected in your credit report We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomDiOtt please write us at the following address. Discover Card, PO Box 15316, Wilmington, DE 19650-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES.. Periodic Finance Charges, are imposed on all transactions from the date the transaction is posted to your Account until the date you pay your entire New Balance, by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you, pay-the New Balance by the Payment Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases tat is, purchases first appearing on the current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic appearing Charges on those new purchases. There is no grace period on balance transfers or cash advances. We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be serate roues We refer to these groups as transaction categoties At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period-for each transaction category. We-use-the following equation- to- compute -Periodic Firarice-Ctaiiargesfor.each transaction category Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (You may refer to the finance charge summary, on your billing statement !or these amounts) Then we add up the-Periodic Finance Charges for each transaction category to get the total Periodic Finance Charges for your Account The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. We use the two-cycle daily average balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges This means If you did not pay the New Balance shown on the billing statement you received during the previous Dllling period by the Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement We compute the Avera?pe Daily Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction catteeggo?rryy and dividing the total K the number of days in the billing cycle. We compute the dally balance for each transaction category on each day byTZ adding the Tollewing to the previous day s dal N balance: transactions made that day fees charged that Ca and Periodic Finance Charges accrued on the previous days daily balance; and by n wbUacting.any credits and payments that are aooliedya amst the balance of the transaction category on that day In calculatin g the daily balance for Ne lust day of the, bilking period, we consider the revious day's balance" to have been your balance for each transaction category on the last daY of your previous, btlling period. If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction as hawng occurred on the first day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to-the applicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOD (Telecom unicatbns Device for the Deaf) assistance, please call 1-600-847-7449. 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 Beth Bohac (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. LI)o (Signature) WWR# 7306019 Elizabeth Schmick '6011002619778376 2009-AP"'I 17 PM 2: 36 ?g , Sr7 Poo AT7Y C& 3R& all 40 PT's` aa3918 Sheriffs Office of Cumberland County R Thomas Kline ? ncr of Climber Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE oF$"-ERIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/23/2009 12:03 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 23, 2009 at 1203 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth Schmick, by making known unto herself personally, defendant at 204 Maple Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $39.70 April 24, 2009 SO ANSWERS, 4? ??? ?- R THOMAS KLINE, SHERIFF 2009-2442 Discover Bank VS Elizabeth Schmick By Deputy eriff -Inc FILED-7~ ;l_ )F !-E IJZ I- R 2009 APR 28 Ail : (8 ?-._ . •,?La??? 1. i???'??`+:ir T I DISCOVER BANK Plaintiff VS. ELIZABETH SCHMICK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 09-2442 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & R.EIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07306019 C A Pit JLI Judgment Amount $5803.39 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-2442 CIVIL TERM ELIZABETH SCHMICK PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant ELIZABETH SCHMICK above named, in the default of an Answer, in the amount of $5803.39 computed as follows: Amount claimed in Complaint $5303.39 Less payments / adjustments made $0.00 Attorney's fees $500.00 TOTAL $5803.39 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: 41?)- T Al - - William T. Mo czan,474 07306019 C A Pit JLI 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: 204 MAPLE AVE CAMP HILL, PA 17011 DISCOVER BANK Plaintiff vs. ELIZABETH SCHMICK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-2142 CIVIL TERM 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 , ELIZABETH SCHMICK 204 MAPLE AVE CAMP HILL, PA 17011 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 , ELIZABETH SCHMICK 204 MAPLE AVE CAMP HILL, PA 17011 is not in the military service. Further Affiant sayeth naught. AFF ANT SWORN TO AND SUBSCRIBED in my presence this ,,-?un? zvo9 17__--4ay of_ ?.7M ()f PENNSYLVANIA COMA" "vial seal Notoy POW Jenn1w M. Borow i. Counb GJW of Feb. ?? is IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 09-2442 CIVIL TERM vs ELIZABETH SCHMICK Defendant IMPORTANT NOTICE TO: ELIZABETH SCHMICK 204 MAPLE AVE CAMP HILL, PA 170011 Date of 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 WELTMAN, WEINBERG & REIS CO., L.P.A. By: v - Ma hew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7306019 A PIT T4S Request for Military Status Department of Defense Manpower Data Center Military Status Report r. Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 JUN-15-2009 06:45:57 ''. Last Name First/Middle Begin Date Active Duty Status Service/Agency SCHMICK ELIZABETH 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. Awt 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: hitp://www.defenselink.mil/faq/pis/PC09SLDR.htnil 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: ZMEMVTJGQB https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/15/2009 FUO OFFICE CF lhLr PeoTrauorp P.y OIM JUN A3 AM 11:18 Cun?.b C, PA US $ 14. oo P 0 A TTY CK-K 4cA4'11(, R7t- oUI7045 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-2442 CIVIL TERM ELIZABETH SCHMICK NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $5803.39 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 : ' SI /." ELIZABETH SCHMICK 204 MAPLE AVE CAMP HILL, PA 17011 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955