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Home My WebLink About09-2856A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OQ -ass( p ?tv<< (erM VS. COMPLAINT IN CIVIL ACTION ROBERT J MAXWELL SR 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 07360855 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ROBERT J MAXWELL SR 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 b 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: ROBERT J MAXWELL SR 3 MARSHALL DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4801 . 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 April 24, 2009 , in the amount of $8761.45 . 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 , ROBERT J MAXWELL SR INDIVIDUALLY , in the amount of $8761.45 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. WELT 436 Pitt (412 FAX :I 0736 s WEINBERG & REIS CO., L.P.A. v nth Avenue, Suite 1400 u gh, PA 15219 4-7955 2-338-7130 55 C A Pit ABR This law firm is a debt collector attemK-ting to collect this debt for our client and any information obtained will be used for that purpose. D" 1«r®r`•„ v Eff $0.00 a ante minimum rayment Uue CARD I $1,565.00 Payment Due Date March 27, 2009 27 &DSMA01 0004878 ROBERT MAXWELL SR 3 MARSHALL DR CAMP HILL PA 17011-1146 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. Account Number ending in 4801 Enter Amount Enclosed Below Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 Ill???llnn?lsll???l?s?lll CAROL STREAM IL 60197-6103 IJ?nl?uuulllrlu?nr?rllnnrllllurnllr?lrnu?lnlul? 000001986618172647252000000000000000156500 Discover More Card Account Summary Closing Date: Account number ending in 4801 Payment Due Date March 27, Minimum Payment Due $1,565.00 Credit Limit $7,900.00 Credit Available $0.00 Cash Credit Limit $4,100.00 Cosh Credit Available $0,00 February 27, 2009 page 1 of 1 Previous Balance $8 761 45 2009 Payments And Credits , . 8 761.45 Purchases , Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance + 000 = $0.00 Cashback Bonus® O i pen ng Cashback Bonus Balance $ 0 00 . New Cashback Bonus Earned + 000 - Cashback -Bonus® Anniversary - - - - - - - - - - .. o RnedS lance $ 0.00 _Avaitlaablee Date: January 9 - - - - - - - . --- $ -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, Sam and redeem rewards and more 2 Call 1 800 DISC p Please have your Discover Card available. . - - OVER (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 , Solt Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use our Di C Trans. Post y scover ard with confidence. Date Data Payments and Credits Feb 28 Feb 28 INTERNAL CHARGE-OFF $ •8,761.45 Finance Charge Summary Average Daily Daily Periodic Nominal Transaction ANNUAL ANNUAL Periodic Fee PERCENTAGE PERCENTAGE current billing period: 19 days Balances R ates FIB S FINANCE RATES Purchases $0 0.08216% Cash Advances $0 0.08216% 29.99% F 29.99% $0 none 29 99% F Balance Transfers $0 0.08216% Balance Transfers $0 . 29.99% 29.99% F 29.99% $0 $0 $0 $0 0.08216% 29.99% F 29.99% $o $o The rates that apply to your Account are either fixed (F) or the ma var V y y y ( ) as noted above. EXHIBIT Important Information. If there is more than one page to this billing statement, see the back of each See Your Cordmember page for additional important information. Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen earls. Report immediately! Call 1-800-347-2683. U) 0 BNlbw Rlghis Summary. In Case of Errors or Questions About Your Bill: Ify au think on yyopur bill, write to us on a separate sheet of a er at Discover llop your bill is wrong, or if u need more information about a o trans a ction onepus, but $ We must hear from you no later than 60 days after we sent you the first bill on hwhich xthe errorsort problem a peared30You2canstes eph doing so will not preserve your rights. In your letter, give us the following information: •YOu name and Account number. e -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 N about X You do not have to pay any amount in question while we are invests atin , butuent or take any action to collect the amount question. While we investigate your question, we cannot report you g g you are still obligated pay the parts of your ti Nat are not in " as delinq you question. Special Rue for Credit Cad purchases: If Youphave a problem with the quality off goods or services that you purchased with a credit card, and youvihave Youdhave this pr ttectioncorrect hen the purchase price washmorethan S50 and the putchasetwas madeiin amount due on the goods or 10 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods orrserrv ces?all purchases acre 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 yoour payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any orhbank ho I, day will beu sled toveyfouPeACCOUht es ofethie next buslne$s dyayenlf you have misplaced PM a onvelope day through ryc hd Bank, PO Box a weekend resubmit it as an electronic debit payment to Discover a el Carol Stteam, IL 60197.6103. Please allow 7-10 days ?or delivery. It your payment is returners unpaid, we eservthe right to You can pay your minimum payment or a greater amount over the telephone, and you can set u p You will need this statement and Your bank account information. You must ensure that suffic ent fundsnareava II able tin Call us at account and 8 all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your bank account, and all numbers as your electronic signature, you will be agreeing to this authorization to afl us anour account nk too deduetzeach?e By entering those from your bank account and to initia a debit or credit entries to yyoo tpphaayment you authorize payment You must tell us the amount of each payment or you canoselect ao amount such ap licthbee, to correct aan error Due in or e t pr New ing of such each statement You can cancel a pa ment however we must receive notice at leasMinimum t three business days in advance of the scheduled payment You may notify us by phone at 1-800.347- 683 or by mail al address listed in the previous paragraph. 11 your payments may vary 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. Crcdlt Reperting. 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 payyment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete please write us at tfie following address: Discover Card, PO Box 15916, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHAROEE. Periodic Finance Charges are imposed on all transactions from the date the transaction is posters to your Account until the late you pa your entire New Balance, by makin0g payments or receiving credits. However, it billing statement by the Payment Due Dale shown on that sia ement and l You paid the New Balance on your previous statement we will not impose Periodic Finance Charges on new purchasesrothat,s, purchasers Itirst appearingaon the euerent staler?nent.cuWencabilthg the grace period. Otherwise, you will receive a billing statement next month that includes Periodic FFinance 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 ttgheir Annual Percentagge Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate foreach dayr of the tilinggperiod for eachc transactionricategoryhe Wetl use the folla9ingpe equation co computes Periodic Finance Chares e for each transaction category. Average Daily, Balance x number of days in the billingperiod x Daily Periodic Rate. You may refer to the finance charge summary, on your billing statement r 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 he 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 firs? 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 categortyy by adding up all the daily balances in a billing period for a transaction categgorryy and dividingp the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by7irst adding the Tollowing to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous days daily balance; and b then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the dai?y balance for the first day of the. billing period, we consider the ' previous day's balance" to have been your balance for each transaction category on the last da of your previous billing period. If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the ransaction as having 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 categoryry with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction categgoryy and Balance Transfer Transaction Fee Finance Charges which are added tolhe applicable balance transfer transaction category. When a speciafbalance 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 Trtr1 ITr:l?enenmunleNln.. ri-i.. r... -6. n-..n -_......_ .._ 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 Jennifer Noble (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. 4(1 ture) WWR# 7360855 Robert J. Maxwell '6011298754474801 L?f?1?E Apv I1 OF THE 2009 MAY - 7 PM 12: 4 ! i-NINSYLVANO *'18. w po A-rr4 cv,;# 40aa:oo&l 93'* 2 s 480-7 Sheriffs Office of Cumberland County R Thomas Kline r Gt c1riaorf, Edward L Schorpp Sheriff'° 'n Solicitor ?r Ronny R Anderson Jody S Smith Chief Deputy OFFI ' t' RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/11/2009 07:02 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2009 at 1902 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert J. Maxwell, Sr., by making known unto Robert J. Maxwell, Sr., at 3 Marshall Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 May 12, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF /--- ? zl- e?? Deput Seri. 2009-2856 Discover Bank v Robert Maxwell, Sr. 1 H! m -? Ga °S7 co 1- v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ROBERT J MAXWELL SR Defendant No. 2009-02856 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 W WR#7360855 Judgment Amount $ 9761.45 r DISCOVER BANK Plaintiff VS. ROBERT J MAXWELL SR TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 2009-02856 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant ROBERT J MAXWELL SR above named, in the default of an Answer, in the amount of $9761.45 computed as follows: Amount claimed in Complaint $8761.45 Less payments / adjustments made $0.00 Attorney's fees $1000.00 TOTAL $9761.45 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: 7 073608 5 A Pit JLI Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P. ./,PA 436 Seventh Avenue, Suite 1400 Pittsbu g 15219 And that the last known address of the'Defendant is ROBERT J MAXWELL SR 3 MARSHALL DR CAMP HILL, PA 17011 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 2009-02856 NON-MILITARY AFFIDAVIT ROBERT J MAXWELL SR 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 , ROBERT J MAXWELL SR 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 , ROBERT J MAXWELL SR 3 MARSHALL DR CAMP HILL, PA 17011 is not in the military service. Further Affiant sayeth naught. SWORN TO AND jSBfSRIBED in my presence this Z y Junes Zc?o COMMONWEALTH OF PENNSYLVANIA Notarial Sea' Heidi J. Kelly, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2008 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ROBERT J MAXWELL SR Defendant TO: ROBERT J MAXWELL SR 3 MARSHALL DR CAMP HILL, 'PA 17011 Date of Notice: '3109, Case No. 2009-02856 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: 1 Matthew 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 7360855 A PIT G4D Request for Military Status Department of'Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-23-2009 08:14:52 `K: Last Name First/Middle Begin Date Active Duty Status Service/Agency MAXWELL ROBERT 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 fog 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 (DMDQ 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/faa/pis/PC09SLDR.htm1 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 6/23/2009 FILED-aTICE OF THE PROTHONOTARY 2009 JUN 29 PM 2: 3 u CLIMB: t4? ' Yu ?. uU PENNSYLVANIA 44.00 PA 14", ex:* 4A f(o 47 po gals(p0 Ll?ft r DISCOVER BANK Plaintiff VS. ROBERT J MAXWELL SR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 2009-02856 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the folowing order of Judgment was entered against you on __( r/?q pq (xx) Assumpsit Judgment in the amount of $9761.45 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: ROBERT J MAXWELL SR 3 MARSHALL DR 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