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HomeMy WebLinkAbout05-3769 " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OS; - .J"Y&.9 CL~L ';'UL~ vs. COMPLAINT IN CIVIL ACTION KATHI L DARHOWER AKA KATHI DARHOWER 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 2718 Pittsburgh, PA 15219 (412) 434~7955 FAX: 412~338~7130 04354992 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No KATHI L DARHOWER 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, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendant is an adult individual(s) residing at the address listed below: KATHI L DARHOWER 3115 RITNER HWY NEWVILLE, PA 17241 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002584514400 , A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of July 13, 2005 , in the amount of $5507.48 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 8. 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, KATHI L DARHOWER ,individually, in the amount of $5507.48 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. ~ C. Warmbrodt,425 4 , WEINBERG & REIS CO., L.P.A. 4 6 eventh Avenue, Suite 2718 it sburgh, PA 15219 (4 2) 434~7955 F : 412~338~7130 ~354992 C A Pit KMJ 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. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 P A.C.S. 94904 relating to unsworn falsifications to authorities, that he/she is Rohr>]"j- I\ctk i n<; (Name) Accounts Manager of Discover Financial Services Inc., servicing agent of the plaintiff herein, that (Title) (Company) 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, information and belief. ~~ (Signature) WWR# ~ ~ ~ I(j ^\( ~ ~, ""-J Crt 'c~;~ ";;."-n ,..-:> c-fl .-\ Ci c.: -r:- -l', {y'---;. '\~~- ~ ~ -J c~ , t'.' U\ " ~ ~ -", ~ }J p -_.~ (}.J w "" t:? .....c... ~ ,,) -'. ~ - -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-3769-CIVIL vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE KA THI L DARHOWER - AKA KATHI L DARHOWER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C, WARMBRODT PA LD #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 VVWR#04354992 ....' <= = ~~ ~ G> N N "'" :::-: ~ ~,:::D (It:::. -0, \--!-; -<]>..r l~:)t"') :~1~ (::)0 ;Z["'il o ~_.\ 4'; :...:. '-!? 4'" Cl'> SHERIFF'S RETURN ~ REGULAR CASE NO: 2005~03769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DARHOWER KATHI L ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon DARHOWER KATHI L A/K/A KATHI DARHOWER the DEFENDANT , at 0009:48 HOURS, on the 4th day of August , 2005 at CUMBERLAND CO SHERIFF'S OFFICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to KATHI DARHOWER a true and attested copy of NOTICE together with COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: ~~~e R. Thomas Kline me this q 08/04/2005 WELTMAN, WEINBERG & REIS, CO. By, ,ft(~he;&C~ Sworn and Subscribed to before day of ~ ..- D2 =""'j A.D. -1,1.-. {{Jq.~~~- Proth notary ~