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Home My WebLink About11-39491 ih 11- CO U1 f:1 2- A' 131MBERLAND COUNTY ENNISYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOHN E FOX Defendant No: 11-s I4q "`yi ` COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin W. Lawrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 08970986 C A Jer HOH ?k,b; sip Qµ a58y°1'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No JOHN E FOX 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: JOHN E FOX 412 HILLSIDE AVE NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5968 . 4. Defendant made use of said credit card and has a current balance due of $8230.71 , as of January 06, 2011 . 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 29.9906 per annum on the unpaid balance from January 06, 2011 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , JOHN E FOX INDIVIDUALLY , in the amount of $8230.71 with interest at the rate of 29.990% per annum from January 06, 2011 plus attorneys' fees of $125.00 , and costts,,,""N f / Benjamin W. wrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 08970986 C A Jer HOH This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. New Balance I Minimum Payment Due! Account Number ending in 5968 DISCOVER $0.00 Ls2,034.00 i Enter Amount Enclosed Below s Due 6k 6 J January 26, 2011 31 SDSN6A01 0001863 JOHN FOX 412 HILLSIDE AVE NEW CUMBERLND PA 17070-3036 Go paperless and n tae your socow t iMormation more secure wRh password- pprratected staternents only you can aocess. Learn more at dWcover comfpapedess. PO BOX 6103 lllhhhllhhhhellsrrellsllssl CAROL STREAM IL 60197-6103 Address, e-mail ortelephone change? ((I Ilannll???n?rn?r??mnl?l?um???ll?nul???ln?? Go to www.Diseevwxom or Print change in space above. 000001986458394014720000000000000000203400 Opening Dole: Denmber 20, 2010 - Oozing Dale: Dr D'mxmr More Card Account Summary Account number ending in 5968 Previous Balance $8,230.71 Payments And Credits 8,230.71 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Feu Charged + 0.00 New Balance $0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $7,300.00 Credit Line-Avaiiable $000 Cash Advance Credit line $3,700.00 Cash Advance Credit Line Available $0.00 Cashbock Bonus. Anniversary Month August Opening Cashbock Bonus Balance $ 0.00 Nov Cashbook Bonus This Period + 0.00 Cashbeck bonus beJarr, $ 0.00 To learn more, bg in of www.Diseww.com eraOer J 1, AV I V IPUVW 1 rr 1 Payment Information New Balance $0.00 Minimum Payment Due $2,034.00 Payment Due Date January 26, 2011 late Pay -w I Waning: If we do not receive your minimum payment by the dab listed above, you may have to pay a late Fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 29.99% variable. Manage Your Account Online at www.Discovw.com • Securely access statements and free c d'ww rods, pay bills online and track and view all transactions simply and easily • Make your money worth moresm-find easy ways to earn andrealerrm ash awards • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1 Access your account securely at www.DiscevwA*m 2. Call 1.800AISCOVER (1.800.347.2683 Please have your Discover. cad available. 3. Write to us at Discover PO Boot 30943, Salt Lake City, UT 841130 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800.347-7449. Transactions Trans. Poet Deb Dab Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ -8,230.71 Fees TOTAL FEES FOR THIS PWOI) $ 0.00 Interest Charged TOTAL MEREST FOR-THIS PERIOD _ $ - 0.00 2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 TOTAL INTEREST CHARGED IN 2010 272.00 2,149.10 $A%wo Charge Ca cu Lion Your Annual Percentage Raw (APR) is the annual interest rate on your account. ANNUAL PERCENTAGE BALANCE SU6IECT TO INTEREST CHARGE Currant Wing PwW: 12 days RATE (APR) MBEST RATE Purchases 29.99% V $0 $0 Cash Advances 29.99% V $0 $0 V - Variable Rate AddMmd inpertant Wwnwtien Important Irdormation. M Owe Is move Ohm one pope to this billing shalemem, see"bock of each page For asld HB I imporsont Infor ws n. Continued on revere side. DISC4WEIZ Q? 4 fi d g o Q S s s Vi a , . Tali Sa a ? in 1! 1.wI $gp ?7 g}T g S' ° s ?T r t a _ ' 16 it nq Z. ? ? $ Me o }T > S 16a s t; 3 I F, 16 f6_ F ?r a 3?;rig ?• 3s, 8 a ° 4 ' T F' n ? n 36 t rig f. LLL sit !tie?a ?a a F R n ^ a ? 8 8 ?3s g g R L V IL a tt 04 n = 3 3 g r ° s ? a M CM000 LOWON1S13S ATTORNEY: WELTMAN ACCOUNT NUMBER: 6011002280675968 BALANCE: $8,230.71 CARDMEMBER (S): JOHN E FOX STATE OF OHIO COUNTY OF FRANKLIN Renee Morgan, personally appeared before me, on this day and after being duly sworn, according to law, and upon my oath and state as follows: I am a Legal Placement Account Manager for DB SERVICING CORPORATION, the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of the Plaintiffs suit on account against the Debtor(s). THAT, in my capacity as Legal Placement Account Manager, I have access to records regarding the Discover Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DB SERVICING CORPORATION maintains these records in the ordinary course of business. THAT the account is in default. THAT Exhibit A is a true and accurate statement of what is now due and owing Discover Bank on the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military services of the United States and is a resident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Affiant SUBSCRIBED TO AND SWORN TO before me this )'day of 2011. `e'111.it Vl Y i i, 0 TANIYAAVENA Notary Public, State of Ohio My Commission Expires February 1, 2014