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Home My WebLink About10-5025 201o A?l? 2 An? (a:5b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Io _ as Cluj( (GfM vs. COMPLAINT IN CIVIL ACTION HENRY MELVIN 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 08400222 C A Pit EMR \v 4ga•bo PA ATTY aP 4Wq ?4 I eoq l.ioo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No HENRY MELVIN 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 t . 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: HENRY MELVIN 2014 CARLISLE RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8972 . 4. Defendant made use of said credit card and has a current balance due of $7098.63 , as of May 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 28.990% per annum on the unpaid balance from May 10, 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 , HENRY MELVIN individually , in the amount of $7098,63 with interest at the rate of 28.9909.- per annum from May 10, 2010 plus attorneys' fees of $125.00 , and costs. Li ames WELTM 436 S Pitts (412 FAX: 084 0 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 1400 h, PA 15219 -7955 -338-7130 C A Pit EMR This law firm is a debt collector atteXpVng to collect this debt for our client and any information obtaine ill be used for that purpose. DISCOVER New Balance I Minimum Payment Due $7,098.63 $7,098.63 Payment Due Date October 21, 2008 22 SDSNWi oooo619 HENRY MELVIN 2014 CARLISLE RD CAMP HILL PA 17011-5912 in orr Paperless and on more secure wwyour account kh password- acted statements only you can access. Learn more at discover cornfpaperless. Account Number ending in 8972 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimum payment due includes a past due amount of $ i,581.00. PO BOX 6103 Ill asll.,rloll loll rlrllr,l CAROL STREAM IL 60197-6103 Address, e-mail or telephone ehangel Print charge in space lift 11 above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001486458288635200070986300000000709863 Discover More Card Account Summary Closing Dde: Sapbenber 22, 2008 page 1 of 1 Account number ending in Payment Due Dab 8972 O Previous Balance $7,098.63 Minimum Payment Due ctober 21, 2008 $7 098 63 Payments And Credits 0.00 ;Credit Limit , . $5,500.00 Purchases Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 000 Cash Credit Limit $0.00 Fi + 0.00 'Cash Credit Av il bl n. 9!2! es + 000 a a e $0.00 New Balance $7,098.63 Cashba& Boma' Opening Cashback Bonus aokmwe $ 0.00 New Cashback Bonus This Penod + 0.00 Cashbook Bonus Balms Cashbaak 8atuas® 4rtrti $ 0.00 ------------- :M'onth: May How Can We Help You? I. Visit DFso-so eom to pay year l a Feu no cast, ?.wyou? lated Account information, earn and redeem rewords and more It's your choice - 3 ways to help 2. Call 1-8004DISCOVER (347-2683) for fad, easy sem»rvice !Please have your Discover Cord available, options or to speak with a Customer Service Account Manager For TDD (assistance For heori impaired) 3. Write us at Discover Card, PO Box 30943, ng sN reverse side Sala Lake City, LIT 84130 ;Transactions $0 Fraud Liabfliy Guarantaue use your Discover card with confidence. ;Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment ?was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transFan. However, we reserve the right to increase the APRs on your Accow* if you fog to pay the iminimum payment due by the payment due dote. See tore Default Rate Plan section of the Cordmembar Agreement for details. -- --------------------- - -- ---- -- --- ---- ---- --- EXHIBIT---- ;Finance Charge Summary 8400222 Nominal Transaction Da9e Pasrio is ?PERCEN?iAGEANNUic as CEM?AGE PFN NCE FFINMNCE aksnces Babs_ RATES RATES current billing period: 31 days CHALML CHUM Purchases $0 0.07942% 2899% F 28.99% $0 ,Cash Advances $0 0.07942% 28.99% F 28.99% $0 ;previous billing period: 22 days $0 $0 ;Purchases $0 0.07942% 28.99% F 28.99% $0 noes The moss that apply to your Account are either fixed (F) or they may vary (v) as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is James Ball (Name) Team Leader of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 his knowledge, information and belief. WWR# 8400222 Henry Melvin 8972 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIlCItOr ~.. ~: - ''~ T~ ;_ ~6~~LtD 0~ '~ItpV~p~#~ .~, ,, oFf SCE GF Tr,,ti SrfERIFF ~L`i, I C Discover Bank vs. Henry Melvin Case Number 2010-5025 SHERIFF'S RETURN OF SERVICE 08/12/2010 11:46 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1146 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Henry Melvin, by making known unto Dave Melvin, Brother of defendant at 2014 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ..i/~~~^ NOAH CLINE, DEPUTY SHERIFF COST: $41.50 August 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF {c) CountySuite Sheriff. Teleosott, Inc. ~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10-5025 CIVIL TERM .~, f+~lpt ~~~ ~,C'EitJ d./lily! ~ ry it i ~ i' ~~~ ~~~~ ~:r~~ i.,~ . ,_ i i ~ 6 I ~., ., vs. HENRY MELVIN 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 08400222 C A Pit DFO Judgment Amount $8016.13 CbC-*~" ~gal3a, t ~,~ a~gsry~ ~,~ ~~~ ~ PRAECIPE FOR DEFAULT JUDGMENT Defendant FILED ON BEHALF OF Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. civil Action No. 10-5025 CIVIL TERM HENRY MELVIN PRZIECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant HENRY MELVIN above named, in the default of an Answer, in the amount of $8016.13 computed as follows: Amount claimed in Complaint $7098.63 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $7098.63 from May 10, 2010 to September 28, 2010 @ the interest rate of 28.990 per annum $792.50 Attorney's fees $125.00 TOTAL $8016.13 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. 0840022?) CIA Pit DFO Plaintiff's address is: C/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg A 15219 And that the last known address of the fendant is HENRY MELVIN 2014 CARLISLE RD CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. HENRY MELVIN Civil Action No. 10-5025 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 [~~-_ ~,~ _ ~j ~ (, (xx} Assumpsit Judgment in the amount of $8016.13 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 HENRY MELVIN 2014 CARLISLE 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 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-29-2010 11:20:50 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MELVIN HENRY Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of 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, NOAA, Public Health, and Coast Guard). ~. ~,-~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) 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 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief 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 any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq~is/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive 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 on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 9/29/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guazd, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declazed 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 RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA 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 certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections aze based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received 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 number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate aze urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA aze 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 ID:C7ORT2U9T https://www.dmdc.osd.miUappj/scra/popreport.do 9/29/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 10-5025 CIVIL TERM HENRY MELVIN 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 HENRY MELVIN 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. HENRY MELVIN 2014 CARLISLE RD CAMP HILL, PA 17011 is not in the military service. Further Affiant sayeth naught. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. HENRY MELVIN Defendant Case No. 10-5025 CIVIL TERM IMPORTANT NOTICE TO: HENRY MELVIN 2014 CARLISLE RD CAMP HILL, PA 17011 {{ 22 i Date of Notice: ICJ !~ 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 PROPERTI OR OTHER IMPORTANT' RIGHTS. YOU SHOULD TAKE 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 TO 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, WEINBERG &REIS CO., L.P,A. Y. Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG $~ REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8400222 A PIT H4N