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HomeMy WebLinkAbout10-4626F ? ? E t ??4 ?, PM 329 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LINDSAY M PETERS Defendant No : 10 - 4 (0ajp (2AV 1 L te-M 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 08332821 C A Pit EMR. os 4(AP1oo ? a??s?y8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No LINDSAY M PETERS 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: LINDSAY M PETERS 316 LIMEKILN RD APT D NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2857 4. Defendant made use of said credit card and has a. current balance due of $2456.45 , as of April 10, 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 12.990% per annum on the unpaid balance from April 1.0, 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 , LINDSAY M PETERS individually , in the amount of $2456.45 with interest at the rate of 12.990% per annum from April 10, 2010 plus attorneys' fees of $125.00 , and costs. James C Wa ro t,42524 WELT EINBERG & REIS CO., L.P.A. 436 S en h Avenue, Suite 1400 Pitts urg , PA 15219 (412) 43 -7955 FAX: 41 338-7130 083 282 C A Pit. EMR This law firm is a debt collector atte*ting to collect this debt for our client and any information obtaine ill be used for that purpose. New Balance Minimum Payment Due Account Number ending in 2857 DISCOVER $0.00 $385.00 Enter Amount Enclosed Below -7 Payment Due Dab $ ?- I Apri 26, 2010 31 SDSNSA01 0000544 LINDSAY PETERS PO BOX 273 CARLISLE PA 17013-0273 Address, email or telephone chargof Go to wwwbbom r ten or print change in space above. Go paperfess and n aW your aacoustt Infarmrstlort more secure with password. orobcted slates is only you aw acosss. Lean moro at diacovar car 1. . orb". PO BOX 6103 111$$$11"assllssssllsllasl CAROL STREAM IL 60197-61.03 IJIrnllnnrtcrllldrdrrnLllrrrrullllonolLllonsNrrlnrll 000001986458606740963000000000000000038500 Dale: March 18, 2010 - Closing Date: March Discover Mon Card Account Summary CoYdatanbw since number ending in 2857 Previous Balance $2,456.45 Payments And Credits 2,456.45 Purchases + 0.00 Balance Trawlers + 0.00 Cash Advances + 0.00 Finance chews + 0.00 Other Fees t + 0.00 Now Balance .00 31, 2010 Page I or l Payment Information New Balance $4.00 Minimum Payment Due $385:00 Payment Due Date April 26, 2010 Lob Paymerd Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a k# fw of up to $39.00 and your purehoss APRs for new transactions may be increased up to dw Delouk APR of 17.99% variable. Manage Your Account Online at www.DWc*% room See Finance Charge Summary section fallowing transactions Securely access statements and fns onliM tools, pay bill.. For detailed APR information online and track and view all transactions simply and eosiy Credit Line $1,750.00 • Make your money worth moresm-find easy ways to earn •-•--- Credit Una*vatksblr ---- - ------ W-00-- ----andmcbemwsh-neww&----------------------- Cash Advance Credit Une $1,000.00 NEWT Access your occount securely $woogh your Cash Advance Credit Una Available $0.00 mobla phone t See transaction detail for a description of any fees i warnwwVsc ww"Ws Anniversary Month March Opening Cositback Bonus Bolan = 0.00 New Cashback Bonus This Period + 0.00 CaMmit Bows Balance $ 0.00 To loam man, lop in an www.Discover-aom and se6ct Rewards 3 Easy Ways to Contact Us 1. Access your account securely at www.Diecover cam 2. Call 1-8004DISCOVER (1.800.347.2683) Please have your Discovers card available 3. Write to us at Discover PO Box 30943, Sak Lake City, UT 841 fd0 For TDD (Telecommunications Dwice for alts Deaf) assistance, please call 1-800.347-7A49. !Transactions Trans. Poe Date Dab Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ 2,456,45 -- -- -- ----------------------- ----- mane C rge Summary N l DAai ;currant billing period : 14 days Bald Purchoss $0 Cash Advances $0 V - Variable Rate pp?? ANNUAL ANNUAL PERCE ITAGE is PPERC 9TAGE PE R 0.03559% 12.99% V 12.99% 0.05751% 20.99% 20.99% c CHARM $0 $0 $0 $0 EXHIBIT 833; std.. DIVER VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Jodi Preston (Name) Account Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. C) 6 & T"I P (Signatu ) WWR# 8332821 Lindsay M. Peters 857 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY it ~a~~~tr pt ~ up4brr f$~~ -. , ~~~~~ ~~ x~,~~, f~- 4FFiC~ CSF trtE S~~REI~F ~v(r a P-7z r C~.,'~~ r ' " - .` , Discover Bank I Case Number vs. 2010-4626 Lindsay M. Peters SHERI~F'S RETURN OF SERVICE 07/26/2010 Ronny R. Anderson, Sheriff, who (being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lindsay M. Peters, but was unable to locate her in his bailiwick. He therefore returns th within Complaint and Notice as not found as to the defendant Lindsay M. Peters. The Carlisle Postmas er has advised Lindsay M. Peters new address is 316 Limeklin Road Apartment D, New Cumberland, ork County, Pennsylvania 17070. SHERIFF COST: $38.40 July 26, 2010 SO ANSWERS, """` RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoff, Inc. y'i?11 WELTMAN, WEINBERG & REIS CO., L.P.A.??E??-?`?Q BY: Matthew D. Urban Attorney for P1aintif01ASSY''\4A141 Q I.D. No. 90963 436 Seventh Avenue, 1400 Koppers Bldg Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8332821 DISCOVER BANK VS. LINDSAY M PETERS CUMBERLAND County Court of Common Pleas No.: 10-4626 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban Attorney for Plaintiff ?Y<) C"? t1p.oD ?a t Mk507UM9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF T?4E S"ERiFF FILED-OFFICE G THE PROTHONO iW 2011 MAY 27 AM 9* 48 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank I vs. Lindsay M. Peters Case Number 2010-4626 SHERIFF'S RETURN OF SERVICE 05/18/2011 08:03 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 2011 at 2003 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lindsay M. Peters, by making known unto herself personally, at 18 W. Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $40.00 May 19, 2011 NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (0) CounfySUO Shenff. TeleosOft. Inc. IfONOTARY If?UL28 Am 11*, 2j ` uliHBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LINDSAY M PETERS Defendant No. 10-4626-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. 990963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8332821 Judgment Amount $2,760.18 a. W it w. W PA OL cL t* t60a4lsI ?. Ao L44( Nod Ck wkcu.?? IN THE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. LINDSAY M PETERS Defendant Civil Action No. 10-4626-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter.ludgment against: Defendant, Lindsay M. Peters, in the amount of $2,760.18 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., LINDSAY M PETERS, By: Attorney for Plaintiff ? By: X-?14 Defendant t WWR#8332821 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-4626-CIVIL TERM LINDSAY M PETERS 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, Lindsay M. Peters, above-named, in the amount of $2,760.18 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 $2,635.18 with continuing interest thereon at a rate of 6.00% per annum from the date of judgment, plus attorneys' fees 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, Lindsay M. Peters, in the amount of $2,635.18 plus continuing interest thereon at the rate of 6.00% per annum from the date of judgment, plus attorneys' fees 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) $50.00 due by J 24, 2011; (b) no less than $50.00 per month due the last day of each consecutive month for five months, with the last payment due November 24, 2011; (c) After November 24, 2011 payment, the account will be reviewed for a possible settlement or increase in monthly payments. Payments will continue each consecutive month 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 1400, Pittsburgh, PA 15219. 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. r; 9. Intending to be legally bound, the parties set their hands and seals thi/1day, 20 /1 WELTMAN, WEINBERG & REIS CO., L.P.A. By. 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 WWR#8332821 By: Defendant, Lind y M. Peters v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-4626-CIVIL TERM LINDSAY M PETERS Defendant :iaTICi, OiF JUDGMEN T OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or? Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $2,760.18 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 Ordet ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary Lindsay M. Peters 18 W. Big Spring Ave Newville, PA 17241 By: PROTH NOTARY (OR DEPUTY) ;?s '.4 ? .;. ,..,m?..,,.1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy i= LEU-CFFICr f„ SHE Pfl,07A 0?gt'TkZy 2t1, NO=D 18 AN 10: "j Richard W Stewart Solicitor ClIMSERLAND COUNTY RENNSYLVAAA Discover Bank vs. Lindsay M. Peters Case Number 2010-4626 SHERIFF'S RETURN OF SERVICE 11/17/2011 11:03 AM - Michelle Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank at 20 NOBLE BLVD., Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Maureen Rosado, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 17, 2011 to Lindsay M. Peters at 1 E W. Big Spring Ave., Newville, PA 17241. SO ANSWERS, November 17, 2011 RON R ANDERSON, SHERIFF r-Y) 1 J . Michelle Gutshall, Deputy jci GourtySuite She.iff T-e.eos ft. Inc.