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Home My WebLink About10-4206N FILED,401 (i C IT TK m? "kRy Jif 2010 JUN 23 PM 3: 1U cumss' `y' "v"101 ccljl?M, P'E vSYLV? j;A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MICHAEL A SMITH Defendant No: ?p - qU(,o 1 tv?1 TE.rrttt 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 08320029 C A Pit EMR Al-DO PA ATTY & 'Hv180W &ayy i9l 11, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MICHAEL A SMITH 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 i court without further notice for any money claimed in the complaint o for any other claim or relief requested by the plaintiff. You may to e money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO' 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 A SMITH 1054 REBECCA ST CARLISLE, PA 17013. 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3840 . 4. Defendant made use of said credit card and has a current balance due of $4287.63 , 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 25.240% per annum on the unpaid balance from April 03, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" & 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 ha 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 A SMITH individually , in the amount of $4287.63 with interest at the rate of 25.240% per annum from April 03? 2010 plus attorneys' fees of $125.00 , and costs. fames c. Wa WELTMAN, WE 436 Seventh Av Pittsburgh, PA (412) 434- 955 FAX: 412-3 8-7 08320029 A P, G & REIS CO., L.P.IIA. ue,.Suite 1400 15219 3 0 t EMR This law firm is a debt collector attempting ?;/Uos llect this debt fort our client and any information obtained will edfor that purpose.' Now " DISCOVER $4,287A3 15 SDSN8A01 0003414 MICHAEL SMITH 1054 REBECCA ST CARLISLE PA 17013-1638 PO BOX 6103 ui+nlr+ua+?r+r+r++rs+N CAROL STREAM IL 60197-6103 )rilrr?iuunlll+?u?ns?rurmr??uasuurimnuurn?? ? Payment Due Account Number erxfing in 3$40 Enter Amount Endwed Below Payment Due Dap Apra 10, 2010 Please mdse deck ?Di now dom. Minimum ??t i a ama?ntoF59Iot Go pq)wi sand make yaw aoco rt infoopMfRddM mac sacua vdh pamwaard- L mom ec Address, wmoa or f bphon• ehorgeg Go to www.Diec•verxem or print change in space above. 000001486458752523465042676300000000428763 'GFroning Dale: Mardi 1, 2010 - Closing Doha: Mach 15 2010 -- --- - -- - - -- , pop 1 of 1 1)i3c0"r Moro C Wd Account Summary Payment Information Cardiawnher sins Now Balance $4,287.63 Account number ending in 3840 Minimum Porn" Due- $4,287.$3 ' Previous Balance Payments And Credits 63 Payment . ? ? Dade ? 10, 2010 Includes pad due amount of $910 00 0. Pu?chasss + 0.00 . tale Peynowd WamhW If we do not receive your minimum Balance Transfers + 0.00 Cash Adva Payment by the date listed above, you may have to pay a We nces + 0.00 iw of uP to $39.00 and your pwax4a APRs for new Fher" Chrgm + 0.00 00w Fees bansoctions may be increased up to the Deksult APR of 29 99 + 0.00 . % variable. ,287.63 S. Finance Charge Summary section U.Mng kansocnans Mr"uns PGPM* Wesnbw. IF you make only dw minimum ' far detailed APR inkxmation payment each Pte, YOU Vitt fay morn In Interest and it wil take you bugs io pay off yaw balance. For wmm* Credit line $3.300.00 -; Credit lirnelrwtkibls - - - - - - - - - - - - --- -- $0:00- ra ..rx x Cosh Advance Credit line $0 00 . Cash Advance Credit Line Available $0.00 x ,X .. 'S" transaction detail for a description of any fees darged - --- - Anniversary Month July Opwdng Cashback Bonus Balance 5 0.00 Now C Mx3ck Bonus This period + 0.00 Cawaram Benue Balance $ coo To iwm more, bg M d www.Disoovw wm and w6ct Rewards CMIy the minimum 10 years I I $4,288 .,.... ?. If you would like inliormation about credit counseling services, Boll 1.800.347-1121. 3 Easy Ways to Contact Us Marcos Your Account Online at www.Disewnw corn I cM Access 1 - Cells yaw W aocornt securely at www.Disc•verxem • Access free aniline toot like P DISCOVER (1-800347-2683 aydown Planner to create a plan pay PIsO7e have yaw Diseovwoc rd available. bi bsL anlinearidd yaw balance eami all oOkwo sidemenis, 3. Write to us at Discover, PO Box 30943, i----Sak?aksF?ly,-UT-841-30--------.-_--- ---- - Ma6 your money worthaare S"t-find easy ways tobrrn For TDD (Telecommunications Device for Ow Deal) - NEWId Access '?nuo yaw ------ --- assistance, please, call 1-800-347-7449. NEWT hone your account i mobile phone !Transactions o"°"'te Poa?i. -tinance Charge Summary cunwt billing period: 15 Avercng• days Dam purchases 50 ;Cash Advances $0 'V = Variable Rate i side. Doi Nominal ANNUAL ANNUAL Cdwr R? a A? ffAGE ?I ^rww t Fee MANC LOB E GIMAW 0.06915% 25.24% V 25 24% L so $0 0.00216% 29.99% V 29.99% 50 $0 s+wx4wV CK 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. (Signat e) WWR# 8320029 Michael A. Smith 840 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~a«rtita ~~ stirrrn~~y„t~~~ ~~ .r, ?~ ~F~f i~ 6 ~ _° , ,~ ,~ r~Rt~t= ~4~C ~~`s ~' E. 'iF ~ ;c c t !~T r ~~e`'aT~f~Y ZOfO J~!j -2 A~i ~= 48 -, , Ct,'P,~ , . ~r~,~~~r F ~!~ Discover Bank Case Number vs. Michael A. Smith 2010-4206 SHERIFF'S RETURN OF SERVICE 06/29/2010 William Cline, Corporal, who being duly sworn according to law, states that on June 29, 2010 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael A. Smith, by making known unto himself personally, at 1054 Rebecca Street, 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. ~~ IA CLINE, DEPUTY SHERIFF COST: $33.40 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CountySuite Shenff. Teleosoft. Ier..