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Home My WebLink About10-4205 ,T 06 FLED -O rfwl- OF THE PRO11 NOTARV i 2010 JUN 23 PM 3: 09 CUMD Jt?0% COUNTY rE AS'YLVNN A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10- ga05 a-wilTerm VS. COMPLAINT IN CIVIL ACTION KRISTOPHER T SMULL 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 08320017 C A Pit EMR 0 C`9 q1018039 P,* Iqq !q0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No KRISTOPHER T SMULL 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: KRISTOPHER T SMULL 805 ERFORD RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1039 . 4. Defendant made use of said credit card and has a current balance due of $10666.31 , as of April 03, 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 I 29.990% per annum on the unpaid balance from April 03, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" an& 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 KRISTOPHER T SMULL individually , in the amount of $10666.31 with interest at the rate of 29.990% per annum from April 03, 2010 plus attorneys' fees of $125.00 , and costs. James C. ar ro t,42524 WELTMAN EINBERG & REIS CO., L.P.4. 436 Sev nt Avenue, Suite 1400 Pittsb rgh PA 15219 (412) 34- 955 FAX: 12- 38-7130 0832 17 A Pit EMR This law firm is a debt collector attem i to collect this debt for our client and any information obtained wi 1 be used for that purpose.', Minimum ISCOV 1? i - GR S ,666.31 ?/ O,bb6.3 $ Enier oust Enclosedd Bebw Paymemt Due Dote $1 1 Apra 10, 2010 Plisse M06 chock g? ?_ ambt of:2,250.00. a ? due 15 SDSNSA01 0003402 KRISTOPHER SMULL 805 ERFORD RD CAMP HILL PA 17011-1128 Address, e-mail or telephone change? Go to wwwbiawwr can or print dm w In space above. Go peperim and rndw yow socou - ipnkrinndion mom secure with pessword- more onlifyoucertscom. PO BOX 6103 I16eellasrsaillda6alis0 CAROL STREAM IL 60197-6103 Iallsrtlsssaaal Ifrtralarrlatlrrasaltltaaaratlallsrarrllaalratl 000001486458724045204106663100000001066631 vowing Bate: March 1, 2010 - Closing Doti: Mardi Discover More Card Account Summary Cardinember since Account number ending in 1039 Previous Blanc $10 666.31 Payments And Credits , 0.00 Purchases + 0.00 Balance Troulers + 0.00 Cash Advances + 0.00 ' Finance Charges + 0.00 01ber Fen t + 0.00 New Balance 10,666.31 See Finance Charge Summary section fobwing transaction for detailed APR information 11 Credit line $8,600.00 Credltii Avt63db18- ----------- -$o:00- Cash Advance Credit line $0.00 Cash Advance Credit lira Available $0,00 I tSee transaction detail for a description of any fees charged] Anniversary Month F-6-wry OPening Co"ock Bonus Baksnee $ 0.00 New Cashback Bonus This Period + 0.00 Ckishbadc Bows Balance $ 0.00 To Gam morn, log in d www.Diacewroom and .abet Rewards 15, 2010 P%P 1 of 1 Payment Information New Balance 610,666.31 Minimum Payment Due* $10,666.31 Paymed Due Date Apr>y 10, 2010 *Includes post due amount of $2,250.00 Lob Payrsswrt Wernisg: if we do not receive your minimum payment by the date laced above, you may have to pay a We lee of up to $39.00. Minions Payer- am I Warnbg: If you make only the minimum payment each period, you willpay mow In interest and itwill hake you longer to pay off your balance. For ersample: Only the minimum I 14 Y. $10,663 If you would like information about credit wing am-Aces, call 1-800.347-1121 EXHIBIT 3 Easy Ways to Contact Us Mato Your Account Ong at www.Discmw com 1. Access your account securely at wwwbieasvw,can 2. Call 1.804DISCOVER (1804347-268331 i Please have your Discovers card avaik able. Access free online bola like Paytiown Planner to creole a plan b pay down your balance, securely access datemerts, pay bias plane and easily track all boneactioru 3. Write to us at Discover, PO Box 30943, ---&*4Lak6Ciiy -,Fr-aA'30 __-_______--____-_ . Make your morel, worth mtoresm-find easy ways to cam _-__- , For TDD (Telecommunications Device for the Deal) assistance please call 1-800-347-7449 _ UtK rCG11h ----------------- --------- • NEWT ?? your account securely through your - , . i M06 6 Transactions Trans. Pad Cate Cale Finance Charge Summary Da r y ? P eriodic F« billi DO1?' current n8 period: 15 days J P er i is Bates WffAGE 1tA1 RATES FINANCE FINANCE CHARM CAAAGES i Purchases $0 C h Ad 0.08216% 29.99% V 29.99% $0 $0 as vances $0 V . V i&6 R 0.08216'X. 29.99% V 29.99% $0 $0 ar ah f ! 83 side. MWER 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. (Signs re) WWR# 8320017 Kristopher T. Smull 1039 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~~ttr o~ ~utnb~~*,~~~ ~fI~E = -.,~ ~~E~I~~ ~ry~~F~LE(~ - r ~~ 201U J~~. -E. ~'~ ~ ~~ 44 ~~fw1 ~d~1~t tl.„q~Y ~~',~!!'1 Discover Bank Case Number vs. Kristopher T. Smull 2010-4205 SHERIFF'S RETURN OF SERVICE 07/07/2010 Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2010 at 1212 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kristopher T. Smull, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARRICK, DE UTY SHERIFF COST: $41.50 July 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c CountySuite Shenff, Teleosoft. Inc. rtf 1"?-l.)( ??Li? ?THIO OTAR Y 33 A"D COUNTY DISCOVER BANK Plaintiff VS. KRISTOPHER T SMULL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-4205 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 08320017 C A Pit DIP Judgment Amount $12049.52 414-00 P b ATT-1 P? A8 9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 10-4205 CIVIL TERM KRISTOPHER T SMULL PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant KRISTOPHER T SKULL above named, in the default of an Answer, in the amount of $12049.52 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $10666.31 from April 03, 2010 to Q the interest rate of 29.9900 Attorney's fees TOTAL $10666.31 $0.00 L balance of August 25, 2010 per annum $1258.21 $125.00 $12049.52 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: James C. WlArpit ro t,42524 08320017 C DIP Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, 15219 And that the last known address of the Def dant is KRISTOPHER T SMULL 805 ERFORD RD CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs KRISTOPHER T SMULL Defendant Case No. 10-4205 CIVIL TERM IMPORTANT NOTICE TO: KRISTOPHER T SMULL £305 ERFORD RD CAMP (-TILL, PA 17011 Date of Notice: s -t 4 o 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 1 HE CLAWS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN 'FEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMEN I MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD 1-AKE 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 1-0 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, WEIN G & REIS CO, L.P.A. By. J/ - -- Matthew Urban P.A.I.D.# 90953 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1409 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8320017 A PIT H4N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KRISTOPHER T SMULL Civil Action No. 10-4205 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on q420 ho (xx) Assumpsit Judgment in the amount of $12049.52 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 Prothonotary By: KRISTOPHER T SMULL 805 ERFORD RD CAMP HILL, PA 17011 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. KRISTOPHER T SMULL Civil Action No. 10-4205 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 , KRISTOPHER T SMULL 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. KRISTOPHER T SMULL 805 ERFORD RD CAMP HILL, PA 17011 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 Pagc I of 2 Aug-31-2010 11:42:35 Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name Agency KRISTOPHER Based on the information you have furnished, the DMDC does not SMULI, f possess any information indicating the individual status. Upon searching the information data banks of the Department ol'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, NOAH, Public I lealth. and Coast Guard). y6ut In Mary M. Snavely-Dixon, Director Department of Defensc - Manpower Data Center 1600 Wilson Blvd.. Suite 400 Arlington, VA 22209-2593 The Dcfense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DI:I:RS) 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 t'"SC App. §§ 501 et seq. as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil lZelief'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 an. manner that the individual is on active duty, or is otherwise entitled to the pr%xections of the SCIZA. N ou ztn,: strongly encouraged to obtain further verification of the person's status by contacting that person's Service yia the "defenselink.mil" URI, littp://www.defenselink.miUfaq/ms/P('09SL,DR.)IOn1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, pLinitive 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 oil active duty. if' it was within the preceding 367 days. 1?'or historical information. please contact the Service SC1ZA points-of- contact. httncr//www (imdr owd m1l/nnn1/corn/nonrc-nort do ur 1 i1) f>> n [ ,quest for Military Status Pagc 2 of''? More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 L1 SC ti 101(d)( I )for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary o1'1)ef'ensc for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard R_PAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public I lealth Service or the National Occanic and Atmospheric Administration (NOAH Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this ccrti ficate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websitc certi(icatiort should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of scr\ ice. Furthermore. some protections of the SCRA may extend to persons who have rccciyed orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a munber of'protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report [1):NG0F 4OLC htin, ,,Hwww dmdc nsri mil/a nni/crra/nnnrcnnrt do (1) i-) 1 'l"",