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Home My WebLink About10-3870 FP?? ( r T? L TV 20 10 T "' i 14 I I Fri 2: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ?U - 38/v ?LCjc l vs. COMPLAINT IN CIVIL ACTION MICHAEL R BROWN 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 08330613 C A Pit EMR S .0o Ind My c? kS??f k? ?a -M7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MICHAEL R BROWN 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: MICHAEL R BROWN 1328 PINE RD TRLR 11 CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7638 . 4. Defendant made use of said credit card and has a current balance due of $5888.61 , 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 18.490% per annum on the unpaid balance from April 09, 2010 . A copy of Plaintiffs 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 , MICHAEL R BROWN individually , in the amount of $5888.61 with interest at the rate of 18.4900 per annum from April 09, 2010 plus attorneys' fees of $125.00 , and costs. James . ar ro ,42524 WELTMAN, EINB G & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb g , PA 15219 (412) 34 7955 FAX: 12 338-7130 08330 1 C A Pit EMR This law firm is a debt collector attemp? ig to collect this debt for our client and any information obtained /111 be used for that purpose. ®p Now Balance Minimum Payment Due Acc9gM Numkor ondin in 7638 DISCOVER $0.00 $962.00 Enter Amount Enclosed Below Payment Due Date $ Apr$ 26, 2010 31 SDSN6A01 0004783 MICHAEL BROWN 1328 PINE RD TRLR 11 CARLISLE PA 170IS-7928 Go paperlssa and make your sccourd information more secure wBh paaaword• protected statements only you can scooss. Learn more at discover corntpapsrloss. PO BOX 6103 1111111 11 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? IJ?nllnnu???rlrr?ur?t??unr1111nnrl?J?uur?lulnll Go to www.DiK*ver.com or print change in space above. 000001986458014438820000000000000000096200 ------------ -----....----------------- -------------------------------,.... --- - -- Opening Data: March 12, 2010 - Closing Date: March 31, 2010 page 1 of 1 Discover More Card Account Summary Cardmember since Account number ending in 7638 Previous Balance $5,888.61 Payments And Credits 5,888.61 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees f + 0.00 New Balance 0.00 Credit Line $4,900.00 Credit Line Avairabl $0.00 Cash Advance Credit Line $2,600.00 Cash Advance Credit Line Available $0.00 t See transaction detail for a description of any Fees %.asnomK oonus- Anniversary Month June Opening Cashback Bonus Balance S 0.00 New Cashback Bonus This Period + 0.00 Cashback Saws Balance $ 0.00 To 1- more, be In of www.binovor.com and »I«t Rewards Payment Information New Balance $0.00 Minimum Payment Due $962.00 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 23.49% variable. Manage Your Account Online at www.Discover.com • Securely access statements and Gee online tools, pay, bills online and track and view all transactions simply and easily • Make your money worth moreSM -find easy ways to earn and redeem cash rewards - - - - - - - - - - - - - - - - -- - • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Acceu your account securely at www.DiKovar.com 2. Call 1.800-DISCOVER (1.800.30.2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Sob Lake City, LIT 84130 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800.347-7449. !Transactions Trans. Post Date Data Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF .5,888.61 'Finance Charge Summary Nominal ir Average Daily ANNUAL ANNUAL Periodic F Daily Periodic PERCENTAGE PERCENTAGE FWANCE FWANCE current billing period: 20 days Balances Rates RATES RATES CHARGES CHARGES Purchases $0 0.05066% 18.49% V 18.49% $0 $0 Cash Advances $0 0.07121% 25.99% 25.99% $0 $0 V = Variable Rate Raft side. 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. ct? (Signat e) WWR# 8330613 Michael R. Brown 7638 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICitOf Discover Bank vs. Michael R. Brown ~l.~D-~~'r~E ~4~„titp et ~'u~brr,I,~,y,~ t~ ~~ ~~~~ ,~~~t ~ ~~~ Zp1D.~UN 21 AM 9~ ~4 CxFfsGEOFT.sEB~ERIFF ~',~^ti'~ ~~{~'~~• p~~~~~L Case Number 2010-3870 SHERIFF'S RETURN OF SERVICE 06/17/2010 05:38 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1737 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael R. Brown, by making known unto himself personally, at 1328 Pine Road Trailer 11, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM BL"ACIC, DEPUTY SHERIFF COST: $33.40 June 18, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Shenfl. Teleosoft, Inc. ,s d~..~~'C'~i' ~C~ ~~l~ CC V i ~' ~+~ C3 CU~"~ ~cR~.~,~D Ct,~i~T's' _ •4 j 1 ! !~{ t. ~( 1, p. f . g x. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DI~'ISIUN DISCOVER BANK Plaintiff vs. MICHAF,L R BROWN Defendant No.IU-3870 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: MATTHEW D. URBAN, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REiS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#083306 ] 3 1'~: op P D WTT^/ ~~ 9t9~1(~a5 e* a~q o8(~ I~~shee, I~~.fu.~l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL R BROWN Defendant Civil Action No. 10-3870 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MICHAEL R BROWN, in the amount of $6,329.49 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, W & REIS CO., L.P.A., MICHAEL R BROWN , By By : - ;~vr~.ar ~ ~-- Defendant WWR#08330613 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3870 CIVIL TERM MICHAEL R BROWN Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the :Defendant, MICHAEL R BROWN, above-named, in the amount of $6,329.49 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $5,888.61 with continuing interest thereon at a rate of 18.49% per annum from APRIL 9, 2010, plus attorneys' fees in the amount of $125.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, MICHAEL R BROWN, in the amount of $5,888.61 plus continuing interest thereon at the rate of 18.49% per annum from APRIL 9, 2010, plus attorneys' fees in the amount of $125.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $100.00 due by JULY 30, 2010; (b) no less than $100.00 per month due on the 30~H day of each consecutive month until December with a review for possible increase thereafter until the Judgment amount plus accrued interest and costs are paid in full.. 4. All payments are to be made payable to the order of"DISCOVER BANK " 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh. Avenue, Suite 2718, Pittsburgh, PA 1.5219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received. shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff s counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals thisday ofl~' 20 ~ ~ V1/ELTMAN, W>~ERG &REIS CO., L.P.A. By: MAT EW D. URBAN, Esquire PA I.D. #90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.5219 (412)434-7955 W WR#08330613 Defendant, MICHAEL R BROWN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-3870 CIVIL TERM MICHAEL R BROWN Defendant NOTICE OF JUDGMENT OR ORllER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You. are hereby notified that the following Order or Judgment was entered against you on /O ~ 10 (xx) Assumpsit Judgment in the amount of $6,329.49 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. (xxl Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent ~.~~a p. a~~1 Prothonotary MICHAEL R BROWN 1.328 PINE RD TRLR 11 CARLISLE,PA 17015 By: PRO NOTARY (O DEPU Y)