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Home My WebLink About09-2444IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: awi ( (arM VS. COMPLAINT IN CIVIL ACTION STEVEN D HERSHEY 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 07306654 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No STEVEN D HERSHEY 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: STEVEN D HERSHEY 34 E HIGH ST APT 2 CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8396 . 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 $8596.55 . 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 $1000.00 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 , STEVEN D HERSHEY INDIVIDUALLY , in the amount of $8596.55 with interest at the legal rate of 6.000. per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James (211 warmnrOat,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S nth Avenue, Suite 1400 Pitt gh, PA 15219 (41 34-7955 FAX 12-338-7130 07 654 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. UIZ)C.(I `,V tK $8,596.55 CARD 22 3DSWA01 0005386 STEVEN HERSHEY 34 E HIGH ST APT 2 CARLISLE PA 17013-3065 $8,596.55 Enter Amount Enclosed Below Payment Due Date $ -7 3 February 21, 2009 Please make check payable to Discover Card. Minimum yymment due includes a past due amount ofT ,718.00. 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. 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. PO BOX 6103 {1{ CAROL STREAM IL 60197-6103 {r{{u{{nnn{{{r{u{u?{i{{rnu{{{{nnr{{?{{nnr{{n{u{{ 000001986618126943625085965500000000859655 Discover More Card Account Summary Closing Date: January 22, 2009 page 1 of 1 Account number ending in 8396 Previous Balance $8,596.55 Payment Due Date February 21, 2009 Payments And Credits 0.00 Minimum Payment Due $8,596.55 Purchases + 0,00 Credit Limit $6,500.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 Now Balance = $8,596.55 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 -Gashback BonasS-Arrniversory- - - - - _ - Available to Redeeta------------- ... - - - _A A-0Q Date: October 22 How Can We Help You? 1. Visit Discover.com to pay your b9I for no cost, view our latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call I.800•DISCOVER )347.2683) for fast, easyself -service O , ??'? options or to speak with a Customer Service Account Manager X Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 8,4130 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0,07942% 28.99% F 28.991/a $0 $0 previous billing period: 22 days Purchases $0 0.07942% 28.99% F 28.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important infornwtIon. If there is more than one page to this billing statement, see the back of each page for additional important information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account o Lost or stolen cards. Report immediately! Call 1400-347-2683. Cl) m BWM Rights Sunwnary. In Case of Errors or Questions About Your Bill: If you think your bill is wron , or a 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 Lake City, UT 84130.0421, as ON 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 CO) doing so will not preserve your rights. In your letter, give us the following information: o *Your name and Account number. 00 *The dollar amount of the suspected error. ei *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 about 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 ?4 question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Speelai Rub for Credit Card Prachnes: If you have a problem with the quality of goods or services that you purchased with a credit card, and you.have tried in good faith to correct the problem with the merchant, You maV not have to ay the remaining amount due on the Dods or services. You have this protection only when the purchase price was more than S5y0 and the purchase was made in your home state or whin 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 if you send cash correspondence or other items with your Dayment, if you send the payment to any other address n: f you use an env or*. other than The one provu3ed--Payme,r:s e,*ived on-oJ 3fter l e, . MaWey thren9trFrida"m-cm-a weekend or bank holiday will 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, IL 60197-6103. Please allow 7-10 days or delivery. If your payment is returners 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 payment however we must receive notice at least three business days in advance of the scheduled payment You may notify us by phone at 1-800-347-3683 or by mail at address listed in the previous paragraph. If your payments may vary in amount, we will tell you on each monthy 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. Credit Reporlhrg. 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 incomplete please write us at the following address Discover Card, PO Box 15316, Wilmington, DE 19650-5316. Ptease 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 pa your entire New Balance, by makinstg payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Out Date shown on that atement and you pay1he New Balance by the Payment Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases that 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 Finance 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 rate ?coups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each Eav of the billing period. for each transaction category We-use the-following equator:-to-compute-Periodic- Finance -Charges +u,- 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 for these amounts.) Then we add up the-Periodic Finance Charges for each transaction category to gel 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 billing 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 Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by7usT adding fire ollowing to ttie previous day s dally balance: transactions made that day fees charged that day and c Finance Charges accrued on the previous day s daily balance; antl by then subtracting any credits and payments that are applied against the balance of the transaction categaoryY on that day. In calculatnpp the dairy balance foryythe first day of the billing period, we consitler the previous day's balance" to have been of the ? line periodcio whicahcit occursgowe will ueat?tlieatranosa?ctio eES Navin rltroccuprered n the first day o of th pto your Account after the close g g y 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 (Telecornmunkations Device for the Deaf) assistance, please eel 1-800-347-7448. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn 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 plalh U?-ffi? (Signature) WWR# 7306654 Steven D. Hershey '6011298703098396 0 I 3`Ik FI:a_M CF Tptr or,) N69 APIR I 7 PH e= 38 PC':- v3PYi'NJ .08 . So Po 4TTY Cam' MAIM P:r* aama,o Sheriffs Office of Cumberland County R Thomas Kline 4ti?„cr of 411+rob't" Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy QMCE -T T1,E SrEWFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/02/2009 07:50 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 2, 2009 at 0750 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven Hershey, by making known unto Steven Hershey personally, at 34 East High Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 May 06, 2009 Docket NO. 2009-2444 Discover Bank v Steven Hershey SO ANSWERS, R THOMAS KLINE, SHERIFF &9'? - "-? Deputy Sheriff C7 a q ? f, -mac ?? '- a t _ co c 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. STEVEN D HERSHEY Defendant No: 09-2444 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,4'7437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07306654 C A Pit JLI Judgment Amount $9596.55 DISCOVER BANK Plaintiff VS. STEVEN D HERSHEY TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-2444 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant STEVEN' D HERSHEY above named, in the default of an Answer, in the amount of $9596.55 computed as follows: Amount claimed in Complaint $8596.55 Less payments / adjustments made $0.00 Attorney's fees $1000.00 TOTAL $9596.55 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: Wil iam T. Mo czan, 437 07306654 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: 34 E HIGH ST APT 2 CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-2444 CIVIL TERM STEVEN D HERSHEY 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 , STEVEN D HERSHEY 34 E HIGH ST APT 2 CARLISLE, PA 17013 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 , STEVEN D HERSHEY 34 E HIGH ST APT 2 CARLISLE, PA 17013 is not in the military service. Further Affiant sayeth naught. - 'I_Z? ? ? ? ?' AFFIANT SWORN TO AND SUBSCRIBED in my presence this COMIyIpNWEALTH OF PENNSYLVANIA Notarial Seal Jemftr M. Borowski, Notary Public Chy of PftWrgh, Allegheny Count CohMrdsebn Expkee Feb. 22, 2012 Member, Pennsywame Anode" 01 NOWNS Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center JUN-] 5-2009 06:34:03 Military Status Report Pursuant to the Servicemembers Civil Relief Act !HERSHEY Last Name First/Middle Begin Date Active Dut Status Y Service/Agency STEVEN 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 inform that you provided, the above is the current status of the individual as to all branches of the Military. ation &4y- 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: hqp://www.defenselink.mil/faq-/Pis/PC09SLDR.htmi 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: BEDQMSVHOPO https://www.dmdc.osd.mil/scra/owa/scra.pre-Select 6/15/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEVEN D HERSHEY Defendant TO: STEVEN D HERSHEY 34 E HIGH ST APT 2 CARLISLE, PA 17013 Date of Notice: t r _ C) L Case No. 09-2444 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 WELTMAN., WEINBERG & REIS CO., L.P.A, By: 1Z Matthew Urban P.A. I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 16219 Phone: (412) 434-7955 7306654 A PIT T4S f"Ry CLIA If- - * 14.Od PM ATY" I ?? c?oga8t9 T- aahayy 00+ice- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-2444 CIVIL TERM STEVEN D HERSHEY 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 $9596.55 plus costs. ( ) Trespass Judgment in the amount of $_ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operators 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: STEVEN D HERSHEY 34 E HIGH ST APT 2 CARLISLE, PA 17013 a c/o WELTMAN, WEINBERG & REISCO., L'P A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955