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Home My WebLink About09-8352 F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. GLENN E BEIDEL Defendant No : 0 7 ?-3 COMPLAINT IN CIVIL ACTION 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 07857245 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No GLENN E BEIDEL 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, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 2. Defendant is adult individual(s) residing at the address listed below: GLENN E BEIDEL 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6060 . 4. Defendant made use of said credit card and has a current balance due of $2643.06 , as of February 10, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.990. per annum on the unpaid balance from February 10, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. 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 , GLENN E BEIDEL individually , in the amount of $2643.06 with interest at the rate of 25.990% per annum from February 10, 2009 plus attorneys' fees of $125.00 , and costs. James Wa ro t,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsb r h, PA 15219 (412) 3 -7955 FAX: 1 -338-7130 0785 24 C A Pit KMJ This law firm is a debt collector attem.5 ng to collect this debt for our client and any information obtaineq ill be used for that purpose. DISCOVER New Balance $0 00 Minimum Payment Due $ Account Number ending in 6060 . CARD 540.00 __ Enter Amount Enclosed Below Payment Due Date $ April 29, 2007 30 SDSN6A01 0000703 i, GLENN BEIDEL 5 Will our payment get to us on time? Pay }• 21 S 2ND ST your bill online and your payment can be CHAMBERSBURG PA 17201-3526 made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 Address, e-mail or telephone change? Print change in space CAROL STREAM I L 60197-6103 above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers, 000001986458952555585000000000000000054000 Discover Platinum Card Account Summary Closing Date: March 30, 2007 page 1 of 1 Account number ending in 6060 Previous Balance Payment Due Date Aril 29, 2007 P Payments And Credits $2,643.06 Minimum Payment Due $540.00 Purchases 2,643.06 Credit Limit $1,700.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $900.00 Finance Charges + 0.00 Cash Credit Available $0.00 _ New Balance - - + 0.00 - $0.00 Cashback Bonus" Opening Cashback Bonus Balance $ 0 00 . New Cashback Bonus This Period + 000 Cashback Bonus Balance $ 0 00 Cashback Bonus® Anniversary . Date: August 18 How Can We Hel You? p 1 Visit Diuover.com to Pay your 6RI for no cast, view ur o It's your choice - 3 ways to hel latest Account information, earn and redeem rewards and more 2 Call 1-800-DISCOVER 3 p . ( 47.2683) 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. Wide us of ty, LIT 841Car30d, PO Box 30943, Solt Lake City, UT 8 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans Post Date Data Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ .2,643.06 ., Finance Charge Summary Average Daily ANNUAL ANNUAL Transaction Daily Per. is R'aNTAGE PPEER NTAGE FINANCE FINANCE TES ' Balances J= current billing period: 13 days 4H?S CHAR { Purchases $0 0.07121% 25.994; V 25.99" $D $0 Cash Advances $0 0.07121% 25.99% V 25.9950 $0 $0 ; The rates that apply to your Account are either fixed (F) or they may vary } (V) as noted above. i rrtaat laftir gatlon. If there is more than one page to this billing statement, see the back of each page for additional Important information. yarn Carl mbeir A rem int. Your Cardmember Agreement contains all the terms or your Account o or Mole cu*.. Rep In Cam or Effors of Questions About Your ort immadialetty Call 11-41100shoe -347-211113. r?bud we sMen Disc l n?{1?POBox 0 eh15artslaiceorCity. -e7in9appwOrcd. VouMnntelepnone e $ mvourlldla pwrft rosvtoouunvooua oa sargh a ur namn09 and?ACCOUIR numh?bel d b rot p? g e ddlar binasnt of the susoe error ?s?cribe to error and expla! if you can, why you believe there is an error. If you need more IniormaUOn, describe the Item you arc unsure ? do nor have t0pay anYy amount in Guastlon while we arc InuesU tIn , Dut wu are still odloafed to the parts of ur bill t t are not in Rion. While we inybsUaaLe your ouesUOn. we cannot report you ?dennauertt a take env aCOOn to cal?ct th! amount you auestron. d rd Hvelraaaa: AC have a orohlem *0 thheeuquality of Roads or ssevMCessetthhat vno?u aurctsascd with to credit Cara and alWei m? ofces. h tr?liesdal onthlytow w i ttse orb lwxh mom Vi n ;5o and t at me to n perch a MOSvmade IMnmyaprahmanm sdtate a JU t00 maflin? s. fIt we awn or the Merchant a If we mal ed you the cement for the goads or services, all purchases arcUcovere0 Opftt- Mess dr the amount or location purchase) a Send cash. sending r cep k as tom your rat 11 andaI sled as an electronic fund transfer, the your ch c tk back liroiyour financial tram your vaocucount as soon as the same day we receive your payment, and you win ne i?aoddeasdvsrclns0 seh Of ff r danteimv9lo?pp?oUtgd Ifrr mAepsotende pcarosyuholu? doon a.otherIyte received eived oav"morenssato Discover Badnk?PO Bnodx b03 lard Stream?IL 6G 97-6103. Please allow a reserve the right to resubmit It as an deetrorik dept t r minlTnum imen t or aUr amount over the telephone, and you Can set eadTms staroment r bank 9bcount iniamatlon. You must ensure that surticlent ns must CcaamnWMvv low. You will be asked to provide the first 5 dialts of wur dact as r electlbAlc f?naturc, will be tD this autalzaUon toalldw Os an 9 oink account and 5a infti>It a erect entTles td your bank account as aodlicapa You pmyusp?th?typa?ll?uastt?he?ein3ou?nvt?nead?rhbpv?nenatta a?caen?selectCaen amoupnrt su?dsi aRSartah0e QenmahthsallOwhenZwuitoaKhwilla ImNChMea?StlteIlli?YOU f'vdraaa (at Meat 29 eevs). We bealn to BPVMrffatWyp6uuurect if sin0 1acllYlt0hVUe payment to fdr Idelivery. If your paayymm, t Is recur y vatic Dwnents. Call us at 1-800-3470Call us at 1-800-347-26663 may the Transaction Date for the ng period in which. it occurs, M SF50 I? MWu be ilm?ra you a minimum FINANCE CHARGE of 5.50 for any billing period in which Periodic Finance Charges of ash Fore. If your Account has an annual fee I( will be billed at me Inning W each annlveisary Veer r Account i3 open. The amount of lee ears ion the statement when the fee is biled. The annual fee i not rtTundable unless you hoUfyYus that you wish to close your Account ?i.^. ' s M tree mallirg or A•Ii%- ^r daie M t^t s'atemen.1 nn which tDe fee is tr!led you win receive this refurtd even if you use your Card mg mac pedoo. prpp? CW?epa W sort wur transactions Into ro of rchases, cash advances and balance transfers and men further 6ort the sactlons wlNin eaclf 4pv melt Annual Percent we I?ate.'Fa emda purchases sub,ecl to a Motional rate and purchases sub)ect to a t rate would pe roups. We refer to th a rou as trans ScUon categories At the end or each billln ioQ we canputt balances Periodic Finance Chaa each - _y of the billing p?iod?tor each transaction Category. We use the following ?q i to compute Periodic Daily Balance) times (days in billing period) times (Daily Periodic Rate). its.) hen we add uG the Periodic Finance Charges for each age ally Balance is shown as zero if, because of the grace to balance upon Which we inigmen?Penodit Finance k all the thely balances in faa1:1 etransacn riod fo a category s wit ab eTrIransactoX Date of mat daYY a s shown on your hiea IoIs posted to Vhoiutr Acr count fees charrdedtthat day ubtractin7credi ts and lb led W ice fortoarlrst daY of the II9 DeentsriNnd,ata rt we c aoASider the n the last day of your aeWous OfRlna pepod. tae wit t exctl4 t a Cash Apvahde Transaction Fee 5d Ealance 7nnsA r Transaction Fa Finance Charges which expires. we move the unpaid balance of the balance h i For TDO (TMecoema ilic ns Device fer the Decry assUtanee, phase call 1.800-847-7449. 711- 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 Aaron Spain (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. WWR #07857245 GLENN E BEIDEL 6011002840736060 r1 1L4.f., -D f icF Tp-py 2009 DE-C, -3 AN 11 Lk-"- -3 G 3 767 /Zit- 3 Vge-l p' air '~I-;r r - "~~'^'~ir~`Sf;7 _:i i_ i --.. --- ti ~ it l ~ vri i c~. / 1~ ~ ~ • ~-J i T'~/ t I ~ 'c ~,1 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 09-8352 CIVIL vs GLENN E BEIDEL PRAECIPE FOR DEFAULT JUDGMENT 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 07857245 C A Pit DIP Judgment Amount $3634.53 ~ i~.oo P~ gym/ c~ 4~s8~ l~lo~hee ~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-8352 CIVIL GLENN E BEIDEL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t~e following Order of Judgment was entered against you on 5 a7 l~ (xx) Assumpsit Judgment in the amount of $3634.53 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 Prnthnnntarv By: GLENN E BEIDEL 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-8352 CIVIL GLENN E BEIDEL PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant GLENN E BEIDEL above named, in the default of an Answer, in the amount of $3634.53 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $2643.06 from February 10, 2009 the interest rate of 25.9900 Attorney's fees TOTAL $2643.0.6 $0.00 1 balance of to May 18, 2010 per annum $866.47 $125.00 $3634.53 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C: 07857245 /C 1~ Pit DIP Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburg PA 15219 And that the last known address of the endant is GLENN E BEIDEL 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 IN THE COURT OF CC?MM~)N PLEAS CUMI~ERLAND COUNTY, PENI~ISYI.~AIIA CIVI(w DIVIiQN DISCQVER BANK Plaintiff us. GLENN E BEIDEL Case No. Q9^8352 CIVIL D~f®ndant II~I?~~iTANT NQTICrE ~. ~, TO: GLENN E BEIQEL 121 WALNUT SQTTC7M RD SHIPPENSE3URG, PA 17257 Date of Notice: ~S~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN AFPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YQUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY fJR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PARER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F1wE. CUMBERLAND COUNTY BAR ASSOCIATIQN 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (71 ~") 249-3168 WELTMAN, WEINBERG &REIS CO., L.P.A. By: ' Matthew Urban P.A.LD.# 9088$ WELTMAN, WEINBERG &REIS CO., L.P.A. 438 Seventh Av~,nue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 T857245 A PIT HR4 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. GLENN E BEIDEL Civil Action No. 09-8352 CIVIL 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 GLENN E BEIDEL 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 DMDC does not possess any information indicating the individual status. GLENN E BEIDEL 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 is not in the military service. Further Affiant sayeth naught. l~,.equest for Military status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Fagg 1 of 2 May=24-2010 10;19: ~ 1 Last Name First/Middle Begin Date Active Duty Status Active Duty )end Date Service Agency BEIDEL GLENN E Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, public Health, and Coast Guard). ~~ ~-~- 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.QSd.rnilfappjlscra/pQpreport.do Sf24/ZO 10 ~~SIP~s~ fox I~!IiliXaxy SX~t~ls ~'~~~ ~ R Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(fj for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Fublic Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Cauerage Under thte SC~A ~ ~rtaader in Snm~ Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty. under this certif Bate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certifcate axe urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SC1~.A are protected, WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:B7GHEA7QK4 https;/lwv~rw.dmdc.o~d.mil/ap~j/$exa/pQpxepoxt.do 5/24/2010