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Home My WebLink About04-2578 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. O~ - .;(S1 f ClofT~ vs. COMPLAINT IN CIVIL ACTION OSCAR CABAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Sofia Kokkini, Esquire PA J.D. #91535 WELTMAN, WEINBERG & REIS CO., LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03570344 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 01- J..~?! {!;GJ~~ OSCAR CABAN Defendant COMPLAINT IN CIVIL ACTION 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. Plaintiffis a corporation with offices at 3311 Mill Meadow Drive, Hilliard, OH 43026. 2. Defendant is an adult individual residing at 120 Petersburgh Road, Carlisle, PA 17013. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002130604127. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of May 27, 2004, in the amount of$7,204.00. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiffs attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1,000.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Oscar Caban, individually, in the amount of $7,204.00 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of$I,OOO.OO, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. Sofia Ko ini, Esquire PA J.D. #91535 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03570344 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 P A.C.S. ~4904 relating to unsworn falsifications to authorities, that he/she is Rnh...rr Adkins (Name) Discover Financial Services Inc., servicing agent of the plaintiff herein, that (Company) Accounts Manager of (Title) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Complaint are true and correct to the best ofhislher knowledge, information and belief. ~~dQ~><= (Signature) WWR# ~~~ CI1 ...... ~ 0 z,j;:, -c ~ :r.J O~p:.. ~J ~:_:; C) .'1 f~_ :~ -on t :1"1;:..,-' orl ~=; ;. ! ,."; C,J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CABAN OSCAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CABAN OSCAR the DEFENDANT , at 1545:00 HOURS, on the 9th day of June , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to OSCAR CABAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 .r~-<~ R. Thomas Kline Sworn and Subscribed to before 06/10/2004 WELTMAN WEINBERG REIS By: f2 .g~ ~ Sheriff ~~. me this /~ ~ day of q~).d()'! A.D. fl a ~.~ ~rothonotary - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN LVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff No. 04-2578 CIVIL VS. PRAECIPE FOR SATISFACTION F JUDGMENT OSCAR CABAN, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS C ., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#03570344 '''' -- ; . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS LVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. Civil Action No. 04-2578 CIVIL OSCAR CABAN, Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff. you are directed to satisfy the bove-captioned Judgment. WELTMAN. WEINBERG 8. REIS 0, L.P.A. ;/)j1 1---/ By: William T. olczan, Es uire PA 1.0. #47437 WELTMAN, WEINBERG & REIS C 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03570344 Sworn to and sub~ri9<;d before me this ..d~ day of March, 05 ( (11.'J;,(;c/j )/Yi/ }it(~( NOTARY UBLlC ' , ~" ~'.i..' ., L.P.A. !.,_.>, ", ~ .') , "J :;i. -, .... .,.