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Home My WebLink About04-5244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 04.5'), '-1<./ C<..vJ I.t.- vs. COMPLAINT IN CIVIL ACTION TAMARA A. GILL, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, PA ]5219 (412) 434-7955 WWR#03860050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Ys. Civil Action No. 0'1. !;;;;." 'f CwJ 1........ TAMARA A. GILL, Defendant ~OMPLAINT IN CIVIL ACTION 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 HA VE 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 MAYBE 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 l. Plaintiffis a cotporation with offices at 3311 Mill Meadow Drive, Hilliard, OH 43026. 2. Dcfendant IS an adult individual residing at 4184 COVE CT APT 112, MECHANICSBURG, PA 17050. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 601 1002500674338. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of September 29, 2004, in the amount of$2,801.98. 5. Defendant is in default of the tenns of the cardholder Agreement having not made monthly payments to PlaintifTthereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiffs attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, TAMARA A. GILL, individually, in the amount of $2,801.98 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of$500.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & RBIS, CO., L.P.A. w~ AN,ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA ]5219 (412) 434-7955 WWR#:03860050 ..-.,--. '''J -......... Please make check payable to DisC()ver Platinum Card. Minimum payment due includes a past due amount 01 $327.00. 11 SDSN6AOl 0008732 TAMARA GILL 4184 COVE CT APT 112 MECHANICSBURG PA 17050-7647 SAVE Today! Call I-Sn-353-D986 to transfer your high-rate balances to your Dlscovertb Card or visit Discovercard.com. ::::/8 \.tJb D6D AddrfJ$S or telepholl8 changs? PlfJSS6 print chsng6 in th9 space above, or go to Oiscovercard.com. PO BOX 15251 11I...11......11...11I..1.1 WILMINGTON DE 19886-5251 1...11I,1"1"1,1..1..1111I1,1,,,1,1,1,1,..,11,1,1,,,,11I,1..1 OOOOObOll002500b7433a02aOl~a0000000003~OOO - Discover Platinum Card Account Summary Closing Date: July 11. 2004 page 1 ot 2 account number payment due date minimum payment due credit limit cledit avallable cash credit limit cash credit available previous balance $2,710.75 payments and credits 0.00 purchases + 35.00 cash advances + 0.00 balance /ranslers + 0.00 FINANCE CHARGES + 56.23 new balance = $2,801.98 You may be able 10 avoid Peliodic Anance ChalgeS, see the reverse side for details. 6011 0025 0067 4338 August 10, 2004 $390.00 $4,200 $0 $2,100.00 $0.00 ); ?Ct' bit .fA ,I Transactions Olhe,/MlscelJaneoua Irans. post dale dale Jutll Julll LATE FEE 35.00 $ Uit/t".... ATTENTION .......,...... ATTENTION ....."'"'-01';.. ATTENT/ON .............. ATTENTION ........,,"'.. ATTENTION ......""'.... YOUI account is seliously past due. Payment of Ihe amount due and 8/Tangements for luture payments should be made immediately. Did you know that mnlions 01 credit cards are lost or stolen ellBly year? The Reg/sler(R) safeguerds all your credit, debit and A TM cards for less than 5 cents a day. Call f -800-347-3395 to enlo/I/oday. Everything You Need To Know -In the Account Center. If you mJed to know exactly how much you spant on your Shopping spree last weekend, woukin1 you ralhar find oul now lhan wmt for your next slatement? Go to the Account .. - Center at D1scovei'card.Ciiiii to tindouf what's going on -with your ACcount belOre your sratementarrives in the man. Nominal ANNUAL Transaction Average DaiI ANNUAL Periodic Fee Daily pelodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES CUflent billing period: 30 days Purchases $2737.83 0.06847% 24.99% F 24.99% $56.23 none Cash Advances $0 0.06847% 24.99% F 24.99% $0 $0 The rates that apply to your Account are eilher fixed (F) Of they may vary (V) as noted above. Questions? CalI1--80o..DISCO\IER 11.8tM...U7_MAA\ ""'NII ..... till m...._....................... e:'__ .,.,..,.... '''_'Hn~'- > VERIFJCA TJON The undersigned does hereby verify subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsifications to authorities, that he/she is RClhprr Ailkins (Name) Discover Financial Services Inc., servicing agent of the plaintiff herein, that (Company) Accounts Manager of (Title) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Complaint are true and correct to the best ofhislher knowledge, infonnation and belief. ~~~ (Signature) WWR# 03gbooS;D ~ r-> C'_..' c..,) ..r~". c:., ~ ~ (') 8 ~ --, \.D if, -- 0.-, '" '" "? ..... " ir-, -~." .r:~ ~ V-, C) "', v~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 04-5244 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT TAMARA A. GILL Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03860050 Judgment Amount $ 3301.98 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 04-5244 CIVIL TERM TAMARAA. GILL Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, TAMARA A. GILL above named, in the default of an Answer, in the amount of $3301.98 computed as follows: Amount claimed in Complaint $2,801.98 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees TOTAL $500.00 $3301.98 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 & REfS CO., L.P.A. By w4 ~ William T. Molczan, ;Sq~ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03860050 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 th Avenue, Pittsburgh, PA 15219 And thatthe last known address of the Defendant is: 4184 COVE CT APT 112, MECHANICSBURG,PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 04-5244 CIVIL TERM TAMARA A. GILL Defendant IMPORT ANT NOTICE TO: Tamara A. Gill 4148 Cove CtApt 112 Mechanicsburg, PA 17050 Date of Notice:7Z~ J-~ ;)....00,/ 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEIN~~& REISJ7L~ By: (~ Benjami R Bibler quir PA I.D. #9359 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WVVR #03860050 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 04-5244 CIVIL TERM Plaintiff vs. NON-MILITARY AFFIDAVIT TAMARA A. GILL Defendant The undersigned, who first being 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, TAMARA A. GILL is not in the 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 Defendant, TAMARA A. GILL is not in the military service. Further Affiant sayeth naught. w#r~ AFFIANT / sw;mr AND SUBSCRIBED. in my presencelthis be. dav,'_'~;"""'-' ","---..-... O L.I . l'ilelod"'. v\A... Of(JpJ /. . . : '" . ~endy L 11,\;,I( Notal',' Public ~ ~ <::::::::L-. ' ,\:J,~C)f f:'II, ,,' -. - - .. Cc. . V P L (ll A ,,, . N ~y PUB ' , 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. c ;j G ~ ~tr-'6 o " ~ D C) 0 =::6) ~ ~~2:-! lU ,)0 \:J \. - ~ ~ -- E F 1- n ......:> ( -~, c~:.:-~ (i t: ., ~:- "j I .-"~ ~ (-, I ~.T~ ~ , I I -\ f' ,) -"\'1 n - a j ,....) , ) -".'''1 ! , .. "'''" ) ., , ( : ,., C~) , 't I '>._..1 ..i r..) SHERIFF'S RETURN - REGULAR CASE NO: 2004-05244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GILL TAMARA A BRYAN WARD I Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GILL TAMATA A the DEFENDANT I at 1754:00 HOURS I on the 1st day of November I 2004 at 4184 COVE COURT APT 112 MECHANICSBURG, PA 17050 by handing to TAMARA GILL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.62 .00 10.00 .00 37.62 ~-:,,,,.. ,/ ;'0<</ ~./. . /: .~.,.., ;::.::j~;i~,-~fl~?;>;:::~'~,~~ .;i- f . , ~. ~ ../,- R. Thomas Kline 11/02/2004 WELTMAN WEINBERG REIS Sworn and Subscribed to before me this 6V!:;:. day of C)../">f,'] d I1lJ $' A. D . ( h,.~nu1J~At'1 rot onotary By: /l-yV t1-)~ J ~ty Sheriff