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HomeMy WebLinkAbout10-3869Ft?E . .. ;7? Y tit CVO' - ? ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRISTINA BAER Defendant No: /d -- 301.1 (2[v,Ll ` 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 08330535 C A Pit EMR S 9,2 W rT' ?2? ??3sa6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No KRISTINA BAER 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: KRISTINA BAER 18 LONGWOOD DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2748 . 4. Defendant made use of said credit card and has a current balance due of $8082.23 , as of April 09, 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 28.990% per annum on the unpaid balance from April 09, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 , KRISTINA BAER individually , in the amount of $8082.23 with interest at the rate of 28.990% per annum from April 09, 2010 plus attorneys' fees of $125.00 , and costs. Dames warmnroaz,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 1400 Pitts ur h, PA 15219 (412 4 4-7955 FAX: 4 -338-7130 083 0 5 C A Pit EMR This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. New Balance Minimum Payment Due Account Number ending in 2748 DISCOVER $0.00 $1, 4"100 Enter Amwat EnaloW below Payment Do Date $ I April 26, 2010 31 SDSNSA01 0004705 KRISTINA BAER 18 LONGWOOD DR MECHANICSBURG PA 17050-7969 31, 2010 PO BOX 6103 ???rn??rnn??uu??rl?sr) CAROL STREAM IL 60197-6103 Address, e-mail or telephonechangeB Go to www.Discw.w.com or print change in space above. 000001986458780236721000000000000000149900 Opening Date: March 5, 2010 - Closing Daft: March Discover More Card Account Summary Cardmember since Account number ending in 2748 i. Previous Balance $8,082.23 Payments And Credits 8,082.23 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees t + 0.00 New Balance 0.00 See Finance Charge Summary section following transactions for detailed APR information Credit Line $7,000.00 Credit- true Available $0.00 Cash Advance Credit line $2,600.00 Cash Advance Credit Una Available $000 t See transaction detail for a description of any fees charged. Cashback Bonus' Anniversary Month April Opening Cashback Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To barn more, log in of www.Discov*r.corn and m6el Rewards Go paperless and make your account information more secure with password- protected staternents only you can access. Learn more at discover co Wpaperiess. loft Payment Information New Balance $0.00 Minimum Payment Due $1,499.00 Payment Due Date April 26, 2010 Late Payment Warning: IF we do not receive your minimum payment by the date listed above, you may have to pay a late Fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 29.99% variable. Manage Your Account Online at www.D'sscovw.com • Securely access statements and Free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth moresm -find easy ways to earn ----- • NEWT Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover com 2. Call 1-800-DISCOVER (1-800-347.2683 Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Sob Lake City, UT S4130 For TDD (Telecommunications Device for the Deaf) assistance, please call 1.800347-7449. Transactions Trans Post Date Date Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ -8,082.23 nance Charge Summary l Average Daily Nomino ANNUAL ANNUAL Periodic Other Fee Daily Periodic PERCENTAGE PERCENTAGE FRANCE FINANCE current billing period: 27 days Balances Rates RATES RATES CHMGES CHARGES Purchases $0 0.07942% 26.99% 28.99% $0 $0 Cash Advances $0 0.07942% 28.99% 28.99% $0 $0 V - Variable Rate EXHIBIT i DISC*VER 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 Jodi Preston (Name) Account 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. -- [?I' YJ dt-? (Signat e) WWR# 8330535 Kristine Baer r?2748 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson fll.EO~-~}t-ri Sheriff f~ 'j}~(~ Q~?1'-~,~~'ARY ~titr of iGu~trb~~,~ Jody S Smith Chief Deputy ~~ G. . '' ~~~ Z~(~ .~ 2 ~ a~ ~' ~~ iX;. ~~ ~+~, } Richard W Stewart Solicitor F ~©~ aF ~ F.E s++ss~r~ Discover Bank vs. Kristina Baer Case Number 2010-3869 SHERIFF'S RETURN OF SERVICE 06/17/2010 04:07 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1602 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kristina Baer, by making known unto Randolph Baer, Grandfather of defendant at 18 Longwood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DE SHERIFF COST: $37.00 June 18, 2010 SO AN/S~WERS, C ~~'-""'.-. R ANDERSON, SHERIFF (ci CountySuite Shenff, Teleosoft. Inc. ti ~~ •_; ~ r~ ;'i o2oro Aus tr AM 10 p~9 1'!D DISCOVER BANK Plaintiff vs. KRISTINA BAER Defendant IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-3869 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 08330535 C A Pit 5GM Judgment Amount $8917.56 ~l~.oo Po AT't'~ e~ ~I~ossco ~f ~ ay(o(ooo ~~~ ~ DISCOVER BANK Plaintiff vs. KRISTINA BAER TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-3869 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant KRISTINA BAER above named, in the default of an Answer, in the amount of $8917.56 computed as follows: Amount claimed in Complaint $8082.23 Less payments / adjustments made $o.oo Interest on the remaining principal balance of $8082.23 from April 09, 2010 to July 29, 2010 @ the interest rate of 28.990 per annum $710.33 Attorney's fees TOTAL $125.00 $8917.56 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 : , . ~/1. James C. rodt,42524 08330535 /C AI Pit SGM Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh P 15219 And that the last known address of the D~dant is KRISTINA BAER 18 LONGWOOD DR MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRISTINA BAER Civil Action No. 10-3869 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t~~ollowing Order of Judgment was entered against you on a (xx) Assumpsit Judgment in the amount of $8917.56 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 KRISTINA BAER 18 LONGWOOD DR 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 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRISTINA BAER Civil Action No. 10-3869 CIVIL TERM 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 KRISTINA BAER 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. KRISTINA BAER 18 LONGWOOD DR MECHANICSBURG, PA 17050 is not in the military service. Further Affiant sayeth naught. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-03-2010 06:00:42 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency BAER KRISTINA 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. httnc•//www ~lmrlr. nc~l mil/anni/¢cra/nnnrPnnrt ~ln R/~/2(11(1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRISTINA BAER Defendant Case No. 10-3869 CIVIL TERM IMPORTANT NOTICE TO: KRISTINA BAER 18 LONGWOOD DR MECHANICSBURG, PA 17050 pate of Notice: _ l ~~~~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANGE 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, Vy.~BERG &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 8330535 A PIT H4N