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Home My WebLink About04-2903IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NICOLE SNELL Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Sofia Kokkini, Esquire PA I.D. #91535 WELTMAN, WEINBERG & REIS CO., L,P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02930793 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NICOLE SNELL Civil Action No. Defendant COMPLAINT 1N 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 Plaintiff is a corporation with offices at 3311 Mill Meadow Drive, Hilliard, OH 43026. 17055. Defendant is an adult individual residing at 604 Grantham Road, Mechanicsburg, PA 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002457529105. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of June 2, 2004, in the amount of $5,479.99. 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 Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $800.00. 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, Nicole Snell, in the amount of $5,479.99 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $800.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAI~, WEINBERG & REIS, CO., L.P.A. Sofia KBkkini, Esquire PA I.D. #91535 WELTMAN, WEINBERG & REIS CO., L.P.A. 27 l 8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02930793 22 SD~N6A01 0000054 NICOLE SNELL 60q SRANTHAH RD HECHAN[CSBURG PA 17055-5815 May 21, 2003 poOl~"l' FORGETI G ve D soove ® G f Ca[ds r ~pring holidays and events, No shopping ~..Qss~es croft wra=ono Order oda¥ a[ U ecoverglft"dard.coh~. F~es a.oRl~ O faf no va d to res dents of CT, DC, MA, ME and NH, Address or telephone change ? Please print change in the space above, PO BOX 1S2S1 IIl,,,Ih,,,,hl,,hhlh,I WILHINGTON DE 19886-5251 I,,,llhh,h,hl,,h,lh.hl,,,hhhh,.lhhl.,,ill,h,I 000006011002457529105054799900000000116500 ! Discover Card Account Summary Closing Date: April 22, 2003 page [ of 2 acceuntnumber 6011 002457529105 previous balance $5,150.99 ~,payment due date May 21, 2003 paymenteandcrsdits 300.00 minimum payment due $1,165.00 pumhases + 29.00 " credit limit $7,200.00 cash advances + 0.00 credit available $0,00 ;cash credit limit $3,600,00 b~lance transfers + 0,00 ;cash credit available $0,00 FINANCE CHARGES + 0.00 newbalance = $5,479.99 Transactions trans, post date date paymante and Credita Marg4 Marl4 PAYMENT ADJUSTMENT $ 300.00 3ther/Miacelianeoua Mar24 Mar24 RETURNED CHECK CHAEGE 29.00 Average Dally Daily Periodic Balances Rates =urmnt billing period.' 31 days =urchases $0 0.04655% 16.99% F 16.99% '3ashAdvances $0 0.05751% 20.99% F 20.99% orsv/ous billing pedod: 22 days Purchases $0 0.04655% 16.99% F 16~99% Yhe rates that apply to your Account are either itxed (F) or they may vary (V} as noted above. Nomina~ Transaction ANNUAL ANNUAL Periodic Fee PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES $0 nona $o $o Ca§hback Bonus ® Award Summary Cashback Bonus Anniversary Date: October 22 Previous Cashback Bonus Award Balance Purchase Award This Period Cashback Bonus Award Total Cashback Bonus Award Balance Award Available to Redeem Balance $ 0.0o + 0.00 0.00 0.00 $ o.oo Restrictions ap~lv to he Ceshbeck Bonus Per net offers vis t Dj$coveroard.oom or cai 1-877-YOUR-AWARD VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsifications to authorities, that he/she is Rr~bor~- hdk i ns (Name) Accounts Manager of Discover Financial Services Inc., servicing agent o£the p]aintiffherein, that (Title) (Company) 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 of his/her knowledge, information and belief. (Signature) SHERIFF'S RETURN CASE NO: 2004-02903 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJkND DISCOVER BANK SNELL NICOLE VS - REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon SNELL NICOLE DEFENDkNT , at 1930:00 HOURS, on the 28th day of June at 604 GRANTHkM ROAD MECHANICSBURG, PA 17055 by handing to TIM SNELL, HUSBAND a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to the together with , 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ day of So Answers: R. Thomas Kline 06/29/2004 WELTMAN WEINBERG REIS ty Sheriff IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JULIE D. JONES JULIE D. JONES GMAC : CASE NO. 1-04-02903 Debtor : CHAPTER 7 Movant : Respondent : ORDER AVOIDING THE JUDGMENT LIEN N , AND OW, this/_~ day of~2004, upon Debtor s Motion to Avoid Judgment Lien and Debtor's Motion for Default Judgment, IT IS HEREBY ORDERED AND DECREED that a Default Judgment is entered against the Respondent, GMAC in the above-captioned matter and that the Judgment lien to No. 04-01080 held by GMAC against Debtor's residential real estate situate at 409 Second Street, Enola, Cumberland County, Pennsylvania is hereby avoided. A copy of this Order may be recorded in the Cumberland County Sheriff's Office to evidence avoidance of aforementioned Judgment lien. BY THE COUKT: BANKRUPTCY J13DGE /~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NICOLE SNELL Defendant No. 04-2903 CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02930793 Judgment Amount $ 6,279,99 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NICOLE SNELL Defendant TO: Nicole Snell 604 Grantham Road Mechanicsburg, PA 17055 Civil Action No. 04-2903 CIVIL TERM IMPORTANT NOTICE Date of Notice: 0~.k~ q.'5, ~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FiND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., LP.A. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02930793 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NICOLE SNELL Defendant Civil Action No. 04-2903 CIVIL PRAEClPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Nicole Snell, above named, in the default of an Answer, in the amount of $6,279.99 computed as fo)lows: Amount claimed in Complaint $5,479.99 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $600.00 TOTAL $6,279.99 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. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02930793 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t~ Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 604 Grantham Road, Mechanicsburg, PA 17055 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A, PA I.D. #-~7437zan' ~s'qu'~~/' WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02930793