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Home My WebLink About05-5049 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OS - SOllC( C;UtL~~ vs. COMPLAINT IN CIVIL ACTION JOSEPH MIHOLIC Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO'r L.P.A. 436 Seventh Avenuer Suite 2718 Pittsburghr PA 15219 (412) 434-7955 FAX: 412-338-7130 04468903 C A pit WLG , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Civil Action No O!/-SOrr vs. JOSEPH MIHOLIC 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 servedr 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 ONEr 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. Plaintiffr is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendant is adult individual(s} residing at the address listed below: JOSEPH MIHOLIC 21 KINGSWOOD DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002201534989 . 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 September 15r 2005 r in the amount of $9617.91 . 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 $1500.00 \ 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, JOSEPH MIHaLIC ,INDIVIDUALLY, in the amount of $9617.91 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 r and costs. ~--- C. Warmbrodtr42524 AN, WEINBERG & REIS CO., L.P.A. eventh Avenuer Suite 2718 itt burgh, PA 15219 (41 ) 434-7955 FA : 412-338-7130 o 468903 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. ,.,....""O"l UUO' VCUtl' August 30, 2005 $1 31 SDSN6AOl 0009091 JOSEPH MIHOLIC 21 KINGSWOOD DR MECHANICS BURG PA 17055-2761 SAVE TODAY I Call 1-866-894-5727 to transfer your higher-rate balances to your Discover@ Card or visit Discovercard,com. 1111 tp '? L10 1 PO BOX 15251 11I11I11.....11....11.11111 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, 111I11I.1111111.11111111'111.111I1.1.1.1111111.1.1111111I.1111 or go to Discovercard.com. 000006011002201534989000000000000000161900 - Discover Platinum Card Account Summary Closing Date: July 31, 2005 page 1 of 2 $9,617.91 9,617.91 0.00 0.00 0.00 0.00 $0.00 accDunt number payment due date minimum payment due credit limit credit available cash credit limit (!~ash credit available previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance = 6011 002201534989 August 30, 2005 $1,619.00 $11,500 $0 $5,800.00 $0.00 + + + + EXHIBIT 1It1, ' Cashback Bonusail Cashback BonuS@ Anniversary Date: June 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 Jul31 Jul31 INTERNAL CHARGE-OFF $ -9,617,91 Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Daily Penodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RA TES RA TES CHARGES CHARGES - current billing period: 6 days Purchases $0 0,04860% 17.74% V 17.74% $0 none Cash Advances $0 0.06299% 22,99% F 22,99% $0 $0 ihILrates that apply to your Account are either fixed (F) Of they may vary (V) as noted above, \ Verification The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 94904 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# Ot/tj~gqD3 (:) {q. t 0{ p ~ U\ t <rt - B ~ (") f'j ~ = ~ c: c~ }J ,> (:.J-1 ..-\ ....I) ~;..- en :c.." D ~ r pI rllp: -TJ :R8 '" U( N ," T C> -t:. E o. 01'::; :::1';:l'i 0- -"lJ \7~ ~~~ t ~'o;t.. ------ (-- c..) ':-~ ":1.::>- :;: cn <-.... --1 ..::<. ..-< u:> ------ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MIHOLIC JOSEPH RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MIHOLIC JOSEPH the DEFENDANT , at 1721:00 HOURS, on the 6th day of October 2005 at 6454 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to JOSEPH MIHOLIC 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 Service Affidavit Surcharge So Answers: 18.00 9.60 ,00 10.00 .00 37.60 ~r/-"/ /~ r ~~,_--'-.t:.~~ R. Thomas Kline 10/07/2005 WELTMAN WEINBERG REIS Sworn and Subscribed to before By: ~~7L/ Deputy Sheriff "- me this ,)0 day of (O<U'~'N~ A.D. / roth tar /" .\ .'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No,05-5049CIVIL YS, PRAECIPE FOR DEFAULT JUDGMENT JOSEPH MIHOLlC Defendant FILED ON BEHALF OF Plaintitf COUNSEL OF RECORD OF nlls PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co" L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04468903 Judgment Amount $ 11,117.91 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE VSED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintitf vs. Civil Action No. 05,5049CIVIL JOSEPH MIHOLIC Defendant PRAECIPE FOR DEfAULT JlIDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant. JOSEPH MIHOLIC above named, m the default of an Answer, in the amount of$11,l17,91 computed as follows: Amount claimed in Complaint $9,617.9] Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $] ,500.00 $11,117.91 Attorney's fees I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P, 23 7,1 on the dates indicated on the Notices, WELTMAN, WEINBERG & REIS CO" LPA I '/ ---Ii By: {It./. /",~' JU4 WILLIAM T. MOLCZAN, E UIRE PA LD,#47437 Weltman, Weinberg & Reis Co., L.P.A, 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434,7955 WWR#04468903 Plaintiffs address is: clo Weltman. Weinberg & Reis Co., LP.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 21 KINGS WOOD DR. MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs, Civil Action No, 05-5049CIVIL JOESEPH MIHOLIC Defendant IMPORTANT NOTICE 10: JOESPH MIHOLlC 21 KINGSWOOD DR MECHANICSBURG,PA 17055 Date of Notice j} - / ~ iJ 6 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 IMPORT ANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LA WYER 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, LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249,3166 By: William T, Molczan PA !.D, #47437 ;/ WELTMAN. WEINBERG & REIS CO" LPA 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 15219 (412)434-7955 WWR #04468903 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 05-5049CIVIL Plaintiff NON-MILITARY AFFlDA VIT vs. JOSEPH MIHOLlC 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 Il1 accordance with the Servicemembers' Civil ReliefAet (SCRA), 50 U.S.c. App. S 52!. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JOSEPH MIHOLlC 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, JOSEPH MIHaLIC is not in the military service. Further Affiant sayeth naught. (/~IJ(. 7fl~ AFFIANT ' ;j' tI SWORN TO AND SUBSCRIBED in my presence this /) day \.. ,- - of ()~ . )00). ._..--^_._----'~---,-~~, ~ tJOta>laI Seal I Wendy L, Gault, ND~arl Public City Of Pittsburgl~l, 0l1f:q~eny _Ccl:\n~., ~_~~\: [', >:l:il:~~~;!cn f::X(:~,':::)~~~_ly_:~,.-~~;.~,7.J This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used lell' that purpose, Request for Military Status Page I of I Department of Defense Manpower Data Center NaY, II ,2005 II :28:40 Military Status Report Pursuant to the Service Members' Civil Relief Act ... Last Name First/Middle Begin Date I Active Duty Status -I Service/Agency MIHaLIC JOSEPH Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military, , .._-- --> ~".- ," . f'=~'~J~ (~6-~ () Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, Y A 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 Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. ~~ 501 et seq] (SCRA) (formerly 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 most strongly encouraged to contact us by phone at (703-696-6762). We will then conduct further research. Your titilure to re,contact DMDC may cause provisions of the SCRA to be invoked against you, This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: http://www.defen5~lillk.mil/faq/pis/PC09SLD R.html. Report ID:BFLXWFGDKC https:l/www.dmdc.osd.mil/scralowalscra.prc_Select 11/11/2005 C to 0 .4q. 1l ...() 'L il:- l\) C) - \) .'n f -... \J :::':: ~ (,~) ..w', ~ -~ -.,: -- ) -- tv c) W (\ .-- ---- Ii' r -",,-~ Il.J C; - ~ _.,~ Q b y- 'i') ,,' R , t c." r----- \...0 ---C. . " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs, Civil Action No. 05,5049CIVIL JOSEPH MIHOLlC Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or~udgment was entered al"ainst you on ,J/LOU I PI ')Cl~ (xx) Assumpsit Judgment in the amount 01'$11,117.91 plus costs. () Trespass Judgment in the amount 01'$ __~ plus costs, () If not satistied 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, P A, (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award Prothonotary ---- B~ ~~~2.~OVkVL PRO I HUNU I AK y (OR DEPUT / JOSEPH MIHaLIC 21 KINGSWOOD DR MECHANICSBURG.PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P,A" 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 ] -888,434,0085 , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-5049 CIVIL vs. PRAECIPE FOR SATISFACTION OF JUDGMENT JOSEPH MIHOLlC Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA 1.0 #42524 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04468903 \, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 05-5049 CIVIL JOSEPH MIHOLlC Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above,captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.PA Warmbrodt 524 , WEINBERG & REIS CO., L.PA WWR #04468903 Sworn to and subscribed efore me this .J I a of May, 06 COMMONWEA PENNSYLVANIA Notarial Seal Heodi J, Kal~, Notary Public City Ol pittsburgh, Allegheny County MyCommlsslOfl Expires Nov. 4, 2009 Member, Pennsylvania Alloctatlon <,t Not"nes J (') .-' 0 c' ~; = -n 0' ,-1 ('"_0' X c: ,'n;Q -'- .:!'c:~ I cD -'~C-' ~, _'r"- ""D , C) ij rn ~? -" N ~n 1') .<