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Home My WebLink About09-4842 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No : (A - y$qa (2w;, TPrpt VS. COMPLAINT IN CIVIL ACTION CRYSTAL L SHUMBERGER 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 07513422 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No CRYSTAL L SHUMBERGER 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: CRYSTAL L SHUMBERGER 189 KONHAUS RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6870 . 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 July 09, 2009 , in, the amount of $4306.17 . 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 $125.00 . 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 , CRYSTAL L SHUMBERGER individually , in the amount of $4306.17 with interest at the legal rate of 6.00006 per annum from date of judgment plus attorneys' fees of $125.00 , and costs. WEWEINBERG & REIS CO., L.P.A. Ja14232 Warmbrodt,42524 43nth Avenue, Suite 1400 Pigh, PA 15219 (44-7955 FA-338-7130 07 C A Pit KMJ 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. VIJt.: ' V CIC $4,306.17 $4,306.17 i Enter Amount Enclosed Below CARD ----------------- Payment Due Date --' - $ May 21, 2009 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $832.00. 22 SDSN6A01 0003878 CRYSTAL SHUMBERGER Will your payment get to us on time? Pay bill li d b 189 KONHAUS RD on ne an your payment can your e made to your account on the same day. Visit MECHANICSBURG PA 17050-3127 Discover.com/payments today. PO BOX 6103 Illrrrllr?rrrlrlr?I?I?IIr?I CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space I??I?r?I?????illl?)rrl???I?)Irr???Illlir???II?II???r?ll?rl??ll above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458297148542043061700000000430617 Discover More Card Account Summary Closing Date: April 22, 2009 page 1 of 1 Account number ending in 6870 Previous Balance $4,306.17 Payment Due Date May 21, 2009 Payments And Credits 0.00 Minimum Payment Due $4,306.17 Purchases + 0.00 Credit Limit $3,000.00 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 New Balance = $4,306.17 Cashback Bonus® Cashback Bonus® Anniversary Date: December 22 Opening Cash6ack Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 How Can We Help You? It's your choice - 3 ways to help Please have your Discover Card available. For TDD (assistance for hearing impaired) see reverse side 1. Visit Discover.com to pay your bill for no cost, view our latest Account information, earn and redeem rewardi and more 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 EXHIBIT Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 22 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 previous billing period: 26 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 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 Ashley Kaltenbach (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. WWR# 7513422 Crystal L. Shumberger '6011002154736870 Q 20p9 Jt1L 20 ??Y A rr/ $18.50 PO C-*41a.%oo17 e 'Caasat (o R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County ??titttip p1 ?+•?gLfi?j???? €?FFICE 'F S ERIFF NOIARY 209A" 28 PM 12: F-2 r te It'll --avid i3anK vs. Crystal L. Shumberger 07/24/2009 SHERIFF COST: $37.00 July 27, 2009 SO ANSWERS, R THOMAS KLINE, SHE IR FF_? PV z-YSheriff Case Number 2009-4842 SHERIFF'S RETURN OF SERVICE 04:10 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 24, 2009 at 1610 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Crystal L. Schumberger, by making known unto herself personally, defendant at 189 defend Konhaus Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. / , DISCOVER BANK Plaintiff vs. CRYSTAL L SHUMBERGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 2009-04842 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.1 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07513422 C A Pit JLI Judgment Amount $4806.17 1.A. DISCOVER BANK Plaintiff VS. CRYSTAL L SHUMBERGER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 2009-04842 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant CRYSTAL L named, in the default of an Answer, in the amount of $4806.17 compta?ted as follows: I Amount claimed in Complaint $4306.17 Less payments / adjustments made $0.00 Attorney's fees $500.00 TOTAL $4806.17 I hereby certify that appropriate Notices of Default, as attac d 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 : ---/a James C. W rodt,42524 07513422 0 /Pit JLI Plaintiff's address is: VPA c/o WELTMAN, WEINBERG & REIS CO., L.P.A436 Seventh Avenue, Suite 1400 Pittsburgh, 15219 And that the last known address of the Defendant is CRYSTAL L SHUMBERGER 189 KONHAUS RD MECHANICSBURG, PA 17050 rl s• IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CRYSTAL L SHUMBERGER Defendant Case No. 2009-04842 IMPORTANT NOTICE TO: CRYSTAL L SHUMBERGER 189 KONHAUS RD MECHANICSBURG, PA 1?70f5? Date of Notice: t YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN API PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OE TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DAh NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY Li PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LA TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INI= ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO'PROVIDE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELT N, WEINBERG & REIS CO., L.P.A. 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 7513422 A PIT B4S :CTIONS OF THIS E YOUR t, GO ,TION YOU WITH REDUCED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. CRYSTAL L SHUMBERGER Civil Action No. 2009-04842 NON-MILITARY AFFIDAVIT The undersigned, who first duly sworn, according to law, depos states as follows: That he/she is the duly authorized agent of the Plaintiff in t matter. and within 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 , CRYSTAL L SHUMBERGER 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 , CRYSTAL L SHUMBERGER 189 KONHAUS RD MECHANICSBURG, PA 17050 is not in the military service. Further Affiant sayeth naught SWORN TO AND SUB C IBED in my presence this 10 day of avq . COMMONWEALTH OF PENNSYLVANIA MUM SOW VW * L. Gault, Nohry Public City of Aft9IWWC15, M* N*nlW P8nr4ylWW AM== OF NOWW Request for Military Status Department of Defense Manpower Data Center 10 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP-17-2009' 05:47:41 C Last Name First/Middle Begin Date Active Duty Status Service/Agen cy SHUMBERGER CRYSTAL Based on the information you have furnished, the DMDC do s not possess any information indicating that the individual is curre ntly on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Cen er, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. /In. 4?? OhutVL 4"41-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 Defens? 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. 11 The Department of Defense strongly supports the enforcement of the Servicemembers Civil Re lief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act o 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that e individual is currently on active duty" responses, and has experienced a small error rate. In the vent the individual referenced above, or any family member, friend, or representative asserts in any ma er 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 pe rson's Military Service via the "defenselink.mil" URL provided below. If you have evidence the perso n is on active-duty and you fail to obtain this additional Military Service verification, provisions of th SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, 4 middle name), you can submit your request again at this Web site and we will provide a new certificat 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)j provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select /17/2009 RLEI. 3r=;CE THE f,T; A: ,,- FA Y 2003 CEP 23 P? 2: 5 LI 414.00 Pp A'n'y CV,* 4AW(psto e asoca5 ?Fcee. ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CRYSTAL L SHUMBERGER Civil Action No. 2009-04842 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that to following Order of Judgment was entered against you on q jOq (xx) Assumpsit Judgment in the amount of $4806.17 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 Sa ety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award CRYSTAL L SHUMBERGER 189 KONHAUS RD MECHANICSBURG, PA 17050 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK VS. NO. 2009-04842 CRYSTAL L SHUMBERGER TO THE PROTHONOTARY: Please enter my appearance for in the above case. Date: December 18, 2014 PRAECIPE FOR APPEARANCE DISCOVER BANK • :✓_ '..:-� '�, fir. 475 Signature'ID ;Number Stephen Selinger Print Name Eltman, Eltman & Cooper, PC Firm 140 Broadway, 26th Fl Address New York, NY 10005