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Home My WebLink About10-5418IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ID- 54I$ aVS. COMPLAINT IN CIVIL ACTION AAYUSH AGARWAL 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 1 (412) 434-7955 FAX: 412-338-7130 08457547 C A Pit EMR 6 D jqg. oo Q KT1- 4 C-Ir 47O 13 Q,'?" a4 99'9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No AAYUSH AGARWAL Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend agaii claims set forth in the following pages, you'must take action twenty (20) days after this complaint and notice are served, l a written appearance personally or by an attorney and filing with the court your defenses or objections to the claims set against you. You are warned that if you fail to do so the ca: proceed without you and a judgment may be entered against you court without further notice for any money claimed in the comb for any other claim or relief requested by the plaintiff. Yoi money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ist the within )y entering .n writing e may by the laint or may lose DO NOT CE SET 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 j 2. Defendant is adult individual(s) residing at the address Misted below: AAYUSH AGARWAL 3823 CHIPPENHAM RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4846 . 4. Defendant made use of said credit card and has a current palance due of $1067.53 , as of June 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 18.990% per annum on the unpaid balance from June 03, 2010 ?A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 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 i 9. Although repeatedly requested to do so by Plaintiff, Defe?dant has willfully failed and/or refused to pay the balance due to Pla?ntiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , AAYUSH AGARWAL individually , in the amo?mt of $1067.53 with interest at the rate of 18.9901 per annum from 4une 03, 2010 plus attorneys' fees of $125.00 , and costs. fames WELTM 436 S Pitts (412) FAX: 0845 This law firm is a debt collector atte our client and any information obtaine EINBERG & REIS ?O., L.P.A. en h Avenue, Suite,1400 urg , PA 15219 43 -7955 12 338-7130 4 C A Pit EMR ng to collect this debt for 11 be used for thatjpurpose. DISCOVER New Balance Minimum Payment Due Account Number ending in 4846 $1,067.53 $1,067.53 Enter Amount Enclosed Below Payment Due Date Jules 10, 2010 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $409.00 Phone and internet payments must be mods by 5:00pm ET For some 15 SDSNWI 0003418 i ac ot G0 make AAYUSH AGARMAL c x Y? information more secure w iM paaavvo rd- 3823 CHIPPENHAM RD protected statements only you can access MECHANICSBURG PA 17050-2199 beam more at discover xwelpopsriess. Address, canal or telephone change# Go to www.Diec~Amn or print change in space above. 000001486452327434476010675300000000106753 Dols: may I, zu i u - u"ng Dale: may I*, Discover More Cord Account Summary Account number ending in 4846 Payments And Credits 000 Purchases + 0.00 Balance Transient + 0.00 Cash Advances + 0.00 Fitmce Cheops + 0.00 Other Fees t + 0.00 See Finance Charge Summary section koMowing transactions for detailed APR information Credit Line $500.00 Credit line Available $0.00 Cash Advance Credit Una $0.00 Cash Advance Credit Una Available $0.00 t See transaction ddoil for a description of any fees Cod "& delude Anniversary Month April Opening Cashback Bonus Balance 5 0.00 New Cos?iback Bonus This Period + 0.00 Cos dmA bless Balm" $ 0.00 To Gam man, 6e, in a www.D6o&mr.com and m6ci Rewarrh 3 Easy Ways to Contact Us 1. Access yaw account securely at wwwAiscsvw con 2. Cod 1400-DWOVER I1.800.347-26831 Please have yaw Discover* card available 3. WriN to us at Discover, PO Box 30943, Salt lake City, UT 84130 For TDD (relscommunicatiom Device for the Deal) assistance, Pi-m call 1-800347-7449. PO BOX 6103 1111111161111 Nile 11 lilies 11 CAROL STREAM IL 60197-6103 j 2010 paps of 1 Paylllsnt Information Now Bounce $1,06753 Minimum Payment Due* $1,067 53 Payment Due Date Juice 10, 2010 *Includes pad due amount of $409.00 Lola I" said Warning: If we do not receive your minimum ? payment by the dais listed above, you may have to pay a kai h» of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 23.99% variable Misisaaw Pay said Wasrwg: If you make only do minimum ! payment each period, you will pay more in intend and it wip take you longer to pay off yaw balance. For sxomple: >? Item ; .? , tttfiir ratitd W 40 ft" >.. Only Mmminirnun 17 months $1,068 payment If you would like information about credit counseling ssrvicosl call 14M347-1121 $1,067.53 I? Monap Your Aaoount Oe? at Access free, online took like Paydowm Pksrmer to credo a lp6n to down yon baksrlce, securely acce s eldemerels, poy bins online and Bash hock all tramodiau Make your money worth morsism-find easy ways to sac and redeem cash rewards NEW Access your account securely through your mobile phone Transactions rneae fed 8457547 Dale Dale Finance Charge Summary Nominal ? D il N =A PEKWAGE In a y RC - current billing period: 15 days Baldnc g U RATES RAIN b MM am pwamn $0 0.05203% 18.99% 18.99% $0 $0 Cosh Advmoes $0 0.06573% 23.99% 23.99% $0 $0 V : Variable Rats See reverse side. V1.7t O `R 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 j (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# 8457547 Aayush Agarwal 846 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Aayush Agarwal G=?:c.EG?T4c ?-W?ta? SHERIFF'S RETURN OF SERVICE 20 Pi4 2: 2 -°-SY'r..VAWA Case Number 2010-5418 09/17/2010 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: Aayush Agarwal, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Aayush Agarwal. Deputies were advised Aayush Agarwal moved from 3823 Chippenham Road, Mechanicsburg, PA 17050 two years ago. The Mechanicsburg Postmaster to date has been unable to provide a good forwarding address for Aayush Agarwal. SHERIFF COST: $42.00 September 17, 2010 SO ANSWERS, RON y R ANDERSON, SHERIFF (c) Countyautte Sheriff, lelec.sofr, tnc- FILED-OFFICE OF THE PROTHONOTARY WELTMAN, WEINBERG & REIS CO ., L.P.A. 2011 APR I I PM 12: 26 BY: Sarah E. Ehasz Attorney for Plaintiff(s) I.D. No. 86469 CUMBERLAND COUNTY 436 Seventh Avenue, 1400 Koppers Bldg PENNSYLVANIA Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8457547 DFO DISCOVER BANK Plaintiff vs. CUMBERLAND County Court of Common Pleas AAYUSH AGARWAL Defendant(s) No.: 10-5418 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice to refile. WELTMAN, WEINBERG & REIS CO., L.P.A By Sarah E. Ehasz Attorney for Plaintiff