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HomeMy WebLinkAbout11-0076 OF THE ~ OrHONOT~R~" ~ >.~;,~ >~R. , y _,~~;__~ l"Lb'A;~l:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRYSTAL L RUGGIERI 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 08549452 C A Pit CXC ~ ~~~~ ~~ ~~~' C~~ y9~y7~~ ~ass~~ l Na: `~pll~ 7 to CiV~~ ~`v~ COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No KRYSTAL L RUGGIERI 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: KRYSTAL L RUGGIERI 537 BRANDY AVE APT F NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1748 . 4. Defendant made use of said credit card and has a current balance due of $2534.79 as of July 09, 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 7.240% per annum on the unpaid balance from July 09, 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 KRYSTAL L RUGGIERI ,individually in the amount of $2534.79 with interest at the rate of 7.240% per annum from July 09, 2010 plus attorneys' fees of $125.00 and costs. James Wa ro t,42524 WEL WEINBERG & REIS CO., L.P.A. 436 Se a th Avenue, Suite 1400 Pitts r PA 15219 (412) 434-7955 FAX: 12- 38-7130 0854 452 A Pit CXC This law firm is a debt collector attemp in to collect this debt for our client and any information obtained i be used for that purpose. 1 . DISC®VER S2,534.79ce 15 SOSN6A01 0001373 KRYSTAL RU6f3IERI 537 BRANDT AVE APT F NEM CUMBERLND PA 1707D-1836 Account Number ending in 1748 Enter Amount Enclosed Bebw a~ Please males cheek tp Discover Card, Minimumpaymsnt inc des o post dw amount of 1414.00. Phone and Internet paymsnta must bs made by S:OOpm ET For same Go ~ and malts your account Information more sbarn with pasaword- protected st~sntenb onllr you cart aocea. Loam more at d(scovarcarYpaperless. PO BOX 6103 Illsnllnmsllrirlnlull CAROL STREAM IL 60197-6103 Addnas,s~mailortsbphonschang•i irllniinnnlilriuinrirllnuriliinnriiriinnriinirril Go to www.Wscawrcom or print change in space above. 000001986453564592217025347900000000253479 Opening DeFs: Jtpa 1,1010 - Closing Dah:.km~ 15, 2010 Discover Moro Card /kcount Summary Account number ending in 1748 ~`^WS ~~• 52,534.79 Payments And Credit: - 0.00 Purcl+asa + 0.00 Robots Transfan + 0.00 Cash Advances + 0.00 Irrtersst Charged + 0.00 Fees Charged + 0.00 New Bo 2,53 .79 Sae IntereN Charge Cak:ukstion ssdion fdbwing hansadiora for detailed APR Information Credit tin. 64,0OO,Op credit Une Availabl. 60.00 cash Advane. Credit tin. 60.00 Cash Advents Credit line Available 60,00 ....a..w~w vwwa AnniwrsaryMonth Sephmbsr Opening Cashb«k Bonus Babnes 6 0.00 New Cashback Bones This Period + 0.00 ~~ Serves laksrn 6 0.00 To Morn mare, MB in d www.DMcownaom and aslsct Rewards 3 Easy Ways to Contact Us 1. Accea your aaount securely of www.Dixowrcom 2. Call 1.800.DISCOVER (1-800347.2683) Please haw your Diseovera cord avai s. 3. Write to w aF Discover, PO Box 30943, Sak take City, UT 84130 For TDD (fekscommunicdions Device for Ihs Dsaf) assisfarrce pksos. S 1 800347 744 Payment InFolyrlation N.w ~« 62,534.79 Minimum Payment Ow• 52,534.79 Payment ~• Dah July T0, 2010 "Includes pod dw amount of 6414.00 (ale leymeM Waning: If ws do not rsceiw your minimum payment by the doh listed above, you may haw ro pay a kits fee of up ro 639.00 and your purchaa APRs for now transactions maybe inenassd up ro Ihs Psnahy APR of 12.24% variable. AAinirwns ~aYment Warning: If you make only>h• minimum payment oath period, you vrib pay man in irYenst and k will take you kxiger to pay off your babnce. For example: ass ~.. 1~eii€~ ~t ~e ~..;~ I~~ i ,. CMlythe minimum q y„~, 62,535 payment If you would like information about credit counseling services, caA 1-800.347-1121. Manage Yaw Accoultt Online at www.Disoover.com • Access free online tools like Paydown Pbnr-er to create a pbn to y down yarr baksnce, securely «eas stoterrrents, Pte' biNs online and saslly hack oN transactions Make your money worth monk-Rod cosy ways to earn and redeem cosh rewards • NEWT Access your account securely through your ea 9. mobik- phone Transactions ~~ F8fi48452 TaTAt. FffS FOR THIS i 8t1oD 6 0.00 ~~ dsaged ToTa ItYT18ZE5T roR T1~SS PatioD 6 0.00 2010 Totals Year-to-Oat's TOTAL FEES CHARGED IN 2010 6 254.47 TOTAL INTEREST CHARGED IN 2010 70.88 Minimum Payment Due 52,534.79 Payment Due Date July 10, 2010 ,,^ :.< ',_ Continued on averse side. DWCE~ ` `Nov, 17, 2010 3:51PM VERIFICATION No, 9502 P. 2 The undersigned does hereby verify subject to the penalties of 18 PA.C.S. X4904 relating to unsworn falsifications to authorities, that he/she is NATASHA SZCZYGIEL (Name} ACCOUNT Mt4NAGER of DFS SERVICES LLC ,plaintiff herein, that (Title) (Company) he/she is duiy authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. WWR# 8549452 DF5#6011007214971748 ~r~~~~ L. ~~ier ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t? ILED -0 Ei r- T k' JAN 12 AM: E N?! Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs Case Number . Krystal L. Ruggieri 2011-76 SHERIFF'S RETURN OF SERVICE 01/07/2011 12:25 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 7, 2011 at 1225 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Krystal L. Ruggieri, by making known unto herself personally, at 537 Brandt Avenue, Apartment F, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. S EPHE BENDER, DEPUTY SHERIFF COST: $43.30 January 10, 2011 SO ANSWERS, RONN'rY R ANDERSON, SHERIFF 4 DISCOVER BANK Plaintiff VS. KRYSTAL L RUGGIERI TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION c . _' Civil Action No. 11-76 CIVIL-t9'RW PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant KRYSTAL L RUGGIERI above named, in the default of an Answer, in the amount of $2773.29 computed as follows: Amount claimed in Complaint $2534.79 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $2534.79 from July 09, 2010 to February 21, 2011 @ the interest rate of 7.240% per annum $113.50 Attorney's fees $125.00 TOTAL $2773.29 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: Jam 085 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P 436 Seventh Avenue, Suite 1400 Pittsb And that the last known address of th KRYSTAL L RUGGIERI 537 BRANDT AVE APT F NEW CUMBERLND, PA 17070 z4,'- ill/- GD 141 J )nll? 1,.i X,k-d IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRYSTAL L RUGGIERI Defendant Case No. 11-76 CIVIL TERM IMPORTANT NOTICE TO: KRYSTAL L RUGGIERI 537 BRANDT AVE APT F NEW CUMBERLND, PA, 17070 Date of Notice: ) { 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 PROPERTY 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. B 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 8549452 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. KRYSTAL L RUGGIERI Civil Action No. 11-76 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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 , KRYSTAL L RUGGIERI is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: KRYSTAL L RUGGIERI 537 BRANDT AVE APT F NEW CUMBERLND, PA 17070 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-21-2011 06:01:40 -< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency RUGGIERI KRYSTAL Based on the information you have furnished, the DMDC does not possess L 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). Amt,a 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/fM/pis/PC09SLDR.html. 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 2/21/2011 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 Guard, 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 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 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 are 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 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 ID:FMMQPM6538 https://www.dmdc.osd.mil/appj/scra/popreport.do 2/21/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. KRYSTAL L RUGGIERI Civil Action No. 11-76 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 3101o (xx) Assumpsit Judgment in the amount of $2773.29 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 P B- KRYSTAL L RUGGIERI 537 BRANDT AVE APT F NEW CUMBERLND, PA 17070 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 ?'? WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire Attorney for Plaintiff(s) I.D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219. Phone: 412.434.7955 Fax: 412.434.7959 File # 8549452 DISCOVER BANK vs. KRYSTAL L RUGGIERI and MEMBERS 1 ST FCU Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 11-76 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: n r-Z a =C) DC Z --i -c C-_ 11 ©? Fri -0 A tv ?, Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1 ST FCU, only. WELTMAN, WEINBERG & REIS CO., L.P? A. B Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to and subscribed Before e then day of JUNE, 2011 NOTARY PUBLIC COMMONWEALTH F PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Public Ross Twp., Allegheny County My Commission Expires Nov. 15, 2014 p (L _ MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES am+ Ck'g Ro g98a3 1Z'-dL0 a-0 -?F. WELTMAN, WEINBERG & REIS CO., L.P.A., .y; BY: Sarah E. Ehasz, Esquire Attorney for Plainti's) I.D. No.86469 i011 J UL , 26 Ail 1 ! : 50 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 t-'TIBE LAND COUNTY Phone: 412.434.7955 PENNSYLVANIA Fax: 412.434.7959 File # 8549452 PIT DISCOVER BANK Plaintiff Cumberland County Court of Common Pleas vs. KRYST.AL I RUGGIERI Defendant(s) WELTMAN, WEINBERG & REIS CO., L.P. TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. By NO. 11-76 CIVIL TERM k,L Sarah E. Ehasz, Esquire Attorney for Plaintiff Sworn to and subs5ribed Before me the clan N ARY t LIC PRAECIPE FOR SATISFACTION OF JUDGMENT Of, 4-,2011 COMMONWEALTH OF pE:MS i L'?X\'L Notarial Seai Wayne A. ]ones, Notary Public City of pitrsburgh, Allegheny County w My Commission Expires ]une 29, 2014 ,m r P?nnc;!venie Assreat6e,n of h! otaries 10 CA '?_*a?ea343