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Home My WebLink About10-2736S FiLED--C-Fl:: E 'OF 2010 APR 23 PH 2: 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: to - 011-2)10 vs. COMPLAINT IN CIVIL ACTION THERESA LUKOWSKI 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 08181644 C A Pit EMR CIIS-) #9a.oo IPA ATT4 C'K,N '?.4f(o451 R,' dot I Q5y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No THERESA LUKOWSKI 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: THERESA LUKOWSKI 7 LOCUST CIR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7311 . 4. Defendant made use of said credit card and has a current balance due of $6947.02 , as of February 11, 2010 . 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 28.240 per annum on the unpaid balance from February 11, 2010 . 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 , THERESA LUKOWSKI individually , in the amount of $6947.02 with interest, at the rate of 28.2406 per annum from February 11, 2010 plus attorneys' fees of $125.00 , and costs. Li ames WELTMA 436 Se Pittsb (412) FAX: 0818 This law firm is a debt collector att our client and any information obtain armbroac,42524 INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 h, PA 15219 7955 38-7130 C A Pit EMR fig to collect this debt for 11 be used for that purpose. V1J11111r • 1.1% $6,947.02 CARD 08 SDSN6A010003753 THERESA LUKOWSKI 7 LOCUST CIR MECHANICSBURG PA 17050-3131 $6,947.02 Enter Amount Enclosed Below Payment Due Date $ ?- fi. f tl DUE IMMEDIATELY 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. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 6103 11111111 loll 11111111111111 loll CAROL STREAM IL 60197-6103 11 1111111111111111111111111111 11111111111111111111111111111111 11111 000001986458381960646069470200000000694702 Discover More Card Account Summary Closing Date: January 8, 2010 page 1 of 1 Account number ending in 7311 Previous Balance $6,947.02 Payment Due Date February 3, 2010 Payments And Credits 0.00 Minimum Payment Due $6,947.02 Purchases + 0.00 Credit Limit $5,500.00 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 _ New Balance _ $6,947.02 Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashbock BonusO Anniversary ------- -------- --- - --------------- ------------------------------.------- Month: November How Can We Help You? P 1. Visit Discover.com to pay your bill for no cost, view your l A atest ccount information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) 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. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details. t Finance Charge Summary Average Daily Nominal Transaction ANNUAL ANNUAL Periodic Fee Daily Periodic Balances Rates PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES current billing period: 8 days Purchases $0 0.07737% 28.24% V 28.24% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above Important Information. If there is more than one page to this billing statement, see the back of each page for additional Important Information. See Your Cwdmwnber Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report Immediately! Call 1-800-347-2663. BIIIh7 Rlafrts Summary. In Case of Errors or questions About Your 8111: If You think Your Dili Is wron , or If at need more information about a o on r bill, write to us on a se rate sheet of per at Discover Card; M Box 30421 Salt Lake C1% transactt. UT 84130-0421 as soon as Us but dot a so will not preserve Your rights. In oossable. We mist hear from you no later than 6ua letter, give usnthefoilhow(ngtinformatwch the error or problem appeared. Vou can telephone Vour name and Account number. • The dollar amount of the suspected error about • Describe the error and explalh, if you can, why you believe there Is an error. If you need more information, describe the Item you are unsure You do not have to MOM an mount in questlon while we are Investigating, but You are still obligated to pay the parts of your bill that are not in question. While we youquestion, we cannot report you a3 dellnquerit or take any agon to collect the amount you question. S eclat Rule for Credit Card Purchases; IT voU have a problem with the quality of cods or services thatyou u have tried in ood faith to cored the roblem? with the merchant may not Roods to the rema n mount due on the or,services. ou have this protection only when the pup my Pa Itii ourohasta with a creodiot00 card, and your mailin?l address. ((If weown or operate iemerchhantt or If than i ed a u the adve tisement forathein vo s or see state within les regardless dT the amount or location 01 purchase) yo goods or services, all l purchases are mies covered P Send onl varr oa ent and of ton Sortion of thischeck statement n the enveo?I po ?t g?, ? r c m above, yquauvtonuonz us to use t nan; prlootr a on DoanYV?o?ur to mae an elect rdniwcc'vlumnddtrdanNe from ?rour accou nSandi ttln }tj°ur chkk as transfer All be ftorrdthe amount of the checIL When ewe use information from your chkk to ma ke an el is fund transfer funds ma yclbe withdrawn from your account as soon as the same day nanClal we receive your payment nt and you will not rece ve OCeS an electronic fund transfer the institution. vo your chock back from your tl an Toether addsresn of of ru rment marba be deIV Ifrrou send cash cdrrP Bntscrecor other n Items with mr t anx h r Friday or on a yo an en lpnee W apyronn pa epnrtoc/ send the14poayment to u vm weekend or bank I ol oida will be posted to ur Account as of the next business da If our have missal facil nda , seaprsa! ur p? erve he en tto Discover anK PC IB x a 03 Canonic ream, IL 60197-6103. Please allow 7-10 days f?r dedvery. If your ppaym r returnpe enveIX Yau can your minimum ent or a greater amount over the telephone, and u can set u automatic pa ntsyouCallus at 1-800 347-21683. Vans tlon t statement with U,taw bank will bet askewd mo provide the Sfirensure t i ts asth utfidentndsst merit %l, U& cod numbers as ur electronic sl natuure,vou wilt be a reein to this authorization to allow Ysouana your in to deduct each By anent n those authorize!l from our"p?nk accouni and fo Initiate debit or crenit en?tes to Your bank account to a0pS an( re to onct an error In throcessnln? of such avm nt rou must tell us the amount of each payment or u can select an amount such as the'MlMm m ro Payment Due or New Balance on Bach statement You can cancel a pa ent however we mt receive notice at least three business d may notify us pv hone at 1-800-347y2683 or bb,,,? mail at the address listed in the r?oUUS rreagg auaYS Day Pa ent You e a nce of the scheduled yvoou on each moh>elyy SStatement when yourpayrnent will be made and how much n will be.?Youf atan?iocup rya ment enamouetIn ay b jess thaill tell Indicated on the mohtnly statement based do credits or payments applied during the billing cycle. a Credit Rego yye m re rt Information about your account to cre It bureaus. Late ents, missed ents, or other defaults on ur account ma be reflected n Vour credit reeppoort We nDrmall re rt the status and er?to of r pacvumnt to credit rtin age ies each th 5 UVve t I t iu report is Inacc rate or In d° Me t ry You qe b f oi WI 9650- 16. Please nc ude your name, address, home e?telenF'Slee mem .A ?,,followir? address; Discover Card. Po p lesss than 5u would oUttrvdse be Imposene you a minimum FINANCE CHARGE of (;.50 for any billing period in which Periodic Finance Charges of Annual Fee. If Your Account has an annual fee it will be billed at the 6eainnin of each annlversarv ar ur Account is open. The amount of he fee appppeears n the statement when the tee fs billed. The annual fee I not refundable unless Yo0 X0 t Uf!us that you wish to close your Account durriing thatpeeriood. the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card Periodic Finr Charges. We sort Vour transactions Into groups of purchases, cash advances and balance transfers and then further sort the transactions within each arole by their Annual Percents a Kate. roups For as ek trans adon amgle urchases su 11 standard rate would be separat ect to a promotional rate and purohases subs"ect to a groups We refer to th e gcategories. t the ens of each bllli n , and Periodic Finance Charges for each da of the blllin Porlod for each transaction ategory. We use the following ?q?iationridd towecompute balances Finance Charges for each nsaction category. compute Periodic (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). ,-. _-- --°- - ° _ ante Char for Your AccTor outnt The Average Daily Balance T shown Periodic as zerFinance oi, balance a trarfsaction cateeorNv nbeause oaf the grace new transactions) method of cloZatin the balance u n which we im Periodic inance for each trans action categorX tnaddirnj up all the day balances in a If?inn rrrinn?. e number of days in m. h u , .. close the Fee which has For TDD (Teleconmrtndcatlons Device for the Dean nitaNtane. ..r.......n 4 a.. e., VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsifications to authorities, that he is Robert Adkins (Name) Senior Vendor Litigation Liaison 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. gnature) WWR# 8181644 Theresa Lukowski '6011002276067311 ~- Fem. , . Z~~~ J..:'~ ~ J Eti'I ~~ ~J~ ,~ , v~~~'~.~~_: .)fJi~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. THERESA LUKOWSKI Defendant(s) No. 10-2736 CIVII. TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8181644 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-2736 CIVIL, TERM THERESA LUKOWSKI Defendant(s) PRAECII'E TO SETTLE, DISCONTINUE AND END WITHOUT PRENDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTM~4N, W~INBERG & REIS CO., L.P.A. .~``~ ~ By: ~ 1..,...r_.~.s~ Lyndsay E R land, Esquire PA LD. #205 0 WELTMAN EINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4]2)434-7955 SWORN TO AND SUBSCRIBED before me this ~ day of ~_ , 2010 NOTARY PUBLIC COMMLi~~'r ~ ^,L CH O_F t-~; ~NCyi VgNIA I~~OiCaiBi 5:81 Sheila G. f3e~.~an, Nok.N Nuulir. City Of Pittsburgh, Aile~lna;~y (;:~~,,~~ My Commission Expires wov. 1 ~, ?Q1 p Memt;er, Pennsylvania Association nT 14"oteries