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Home My WebLink About05-5046 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CYRIL PIPAN PHILOMENA PIPAN Defendants No: COMPLAINT IN CIVIL ACTION 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 04468957 C A Pit WLG f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No CYRIL PIPAN PHILOMENA PIPAN , Defendants 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 I COMPLAINT 1. Plaintiff, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 2. Defendants are adult individual(s) residing at the address listed below: CYRIL PIPAN 1124 COLUMBUS AVE LEMOYNE, PA 17043 PHILOMENA PIPAN 1124 COLUMBUS AVE LEMOYNE, PA 17043 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number 6011002400062485 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendants made use of said credit card and currently has a balance due and owing to Plaintiff, as of September 15, 2005 , in the amount of $12199.50 5. Defendants are in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendants will pay Plaintiff's attorneys' fees. n 7. Plaintiff avers that such attorneys' fees will amount to $1500.00 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendants , CYRIL PIPAN AND PHILOMENA PIPAN JOINTLY AND SEVERALLY , in the amount of $12199.50 with interest at the legal rate of 6.00006 per annum from date of judgment plus attorneys, fees of $1500.00 , and costs. riams/C . Warmbrodt, 4252'4 WEINBERG & REIS CO., L.P.A. eventh Avenue, Suite 2718 burgh, PA 15219 434-7955 412-338-7130 04468957 C A Pit WLG 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. payment due date August 30, 2005 $ 31 SDSN6A01 0009147 CYRIL PIPAN PHILOMENA PIPAN 1124 COLUMBUS AVE LEMOYNE PA 17043-1727 Address or telephone change? Please print change in the space above, or go to Discovercard.com. SAVE TODAY! Call 1-866-894-5727 to transfer your higher-rate balances to your DiscoverO Card or visit Discovercard.com. PO BOX 15251 WILMINGTON DE 19886-5251 000006011002400062485000000000000000215900 Discover Platinum Card Account Summary taccount number payment due date Minimum payment due credit limit rredit available cash credit limit cash credit available 6011 0024 0006 2485 August 30, 2005 $2,159.00 $10,500 $0 $5,300.00 $0.00 Closing Date: July 31, 2005 page 1 of 2 previous balance $12,199.50 payments and credits - 12,199.50 purchases + 0.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 0.00 new balance = $0.00 EXHIBIT ( ,Ai4 Cashback Bonus® Cashback Bonus@) Anniversary Date: May 25 Previous Cashback Bonus Award Balance $ 0.00 Purchase Award This Period + 0.00 Cashback Bonus Award Total 0.00 Redemptions This Period - 0.00 Cashback Bonus Award Balance 0.00 Award Available to Redeem $ 0.00 -transactions trans. post date date Payments and Credits Jul 31 Jul 31 INTERNAL CHARGE-OFF $-12,199.50 Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 6 days Purchases $0 0.06573% 23.99% V 23.99% $0 none Cash Advances $0 0.05751% 20.99% F 20.99% $0 $0 l-he rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Verification 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 Robert Adkins Accounts Manger of Discover Bank, Plaintiff herein, that he/she is duly 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. Signature WWR# 04 O ?' G ? ? ?-- `? w ? -?-- --.L r-? n [/ ?_ .? -;? C? %'r-? ?t?; n ??:, ? . 7 i ..?. ?..? r ?. --? . ? c?s yr ?_ .. -T ,?? ?? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05046 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS PIPAN CYRIL ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PIPAN PHILOMENA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT PIPAN PHILOMENA 1124 COLUMBUS AVENUE LEMOYNE, PA 17043 DEFENDANT'S HAVE BEEN DIVORCED FOR 10 YEARS. CYRIL DOES NOT KNOW WHERE PHILOMENA LIVES. Sheriff's Costs: So answers ' -? Docketing 6.00 i / Service .00 Not Found 5.00 R. Thomas Rine Surcharge 10.00 Sheriff of Cumberland County .00 21.00 WELTMAN WEINBERG REIS 09/28/2005 Sworn and subscribed to efore me this day of A. D. Pro onota NOT FOUND , as to SHERIFF'S RETURN - REGULAR CASE NO: 2005-05046 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PIPAN CYRIL ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PIPAN CYRIL DEFENDANT the , at 1807:00 HOURS, on the 27th day of September, 2005 at 1124 COLUMBUS AVENUE LEMOYNE, PA 17043 by handing to CYRIL PIPAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.80 Affidavit .00 Surcharge 10.00 .00 40.80 Sworn and Subscribed to before me this (6 a day of (} A.D. Pro not y So Answers: R. Thomas Kline 09/28/2005 WELTMAN WEINBEERRG REIS By: Deputy Sher f Curtis R. Long Prothonotary Offire of the i9rotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 05 - 510 41 Sp CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY rnno r mirthnnct- Snuare • Carlisle. Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573