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Home My WebLink About05-5103 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0 S'" - S'JDJ G"u ~ l ~ ULfr] vs. COMPLAINT IN CIVIL ACTION ROBERT DENNIS DAILEY 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 04406200 C A pit WLG ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No 05- 5/03 ROBERT DENNIS DAILEY 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 adult individual(s} residing at the address listed below: ROBERT DENNIS DAILEY 1166 REDWOOD DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002060377777 . 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 15, 2005 , in the amount of $4794.63 . 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 $500.00 . 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, ROBERT DENNIS DAILEY ,INDIVIDUALLY, in the amount of $4794.63 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. ~ .~~ . Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 434-7955 IFA : 412-338-7130 406200 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. CARD payment due date August 22, 2005 $1 \ 23 SDSN6A01 0000499 ROBERT DENNIS BAILEY 1166 REDWOOD DR CARLISLE PA 17013-1378 SA VE TODA Yl Call 1-866-894-5727 to transfer your higher.rate balances to your Discover@Card or visit Discovercard.com. -rt ~) '-l L!Y~/'. 0..) PO BOX 15251 11I11.111111.1.11111111.1.1 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, 111111111..1111111.11111111111111111.1.111111111.1'111111111.1 or go to Oiscovercard.com. 000006011002060377777047946300000000065000 Discover Titanium Card Account Summary Closing Date: July 23, 2005 page 1 of 1 ,account number 'payment due date 'minimum payment due 'credit limit credit available cash credit limit cash credit available 6011 00206)377777 August 22, 2005 $650.00 $6,000.00 $1,205.00 $3,000,00 $0.00 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance $4,794.63 0.00 + 0.00 - + 0.00 - + 0.00 + 0.00 = $4,794.63 EXHIBIT IIA" --- - ------ --- ~ - - - - --- ---------- - - ------ -- -- ---------- --- -- -- - - - --- - --- --- -- -------- -- -- - - - ~ - --- --- ---- - -- -- - -- :Transactions I trans. post date date $ previous statement balances FINANCE CHARGES: OLD BALANCE FINANCE CHARGES: CASH FINANCE CHARGES: PURCHASES FINANCE CHARGES: BALANCE TRANSFERS PRINCIPAL: OLD BALANCE PRINCIPAL: CASH PRINCIPAL: PURCHASES PRINCIPAL: BALANCE TRANSFERS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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: 30 days Purchases $0 0.05477% 19,99% F 19,99% $0 none Cash Advances $0 0.05751% 20.99% F 20.99% $0 $0 Verification The undersigned does hereby verify subject to the penalties of 18 P A.C.S. S4904 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, infmmation and b~~~ Ignature WWR# 041o{, too N t - ('- "-0 )-,.) ~ ~ --.----------" ~ --k) i"'L ~ ~ 8 ~~ ~ ~ --z- -"- ......., = c~? c-'"I (/) r'1 -'0 1'.' \.D o -n -I +"T1 r.lp -01"1'1 ::,0 C'~~ t':".} )~ =-T~ ~Pl -::0 -< -0 --'-" w r -..I - /. I~J. t{)~ / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff NO: D~ - ~/03 C L>~CT fJUj vs. COMPLAINT IN CIVIL ACTION ROBERT DENNIS DAILEY 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 04406200 C A pit WLG T~l1E COpy FROM REeOHO 1ft i lJiltl.1;;'"Y wn.,rltlJf. I Mm .,fllo sat my llancl '- ~~~~:f;g ;;.; To the Court of COMMON PLEAS CUMBERLAND COUNTY,PA. CIVIL DIVISION CASE 05-5103 DEFENDANT: ROBERT D. BAILEY AKA ROBERT BAILEY I WAS ABSOLUTELY SURE I WAS DOING THE RIGHT THING WHEN I SENT A DISPUTE LETTER TO DISCOVER BANK. ACCORDING TO THE LAW THEY HAD 90 DAYS TO RESPOND IN WRITING AND THAT NO CALLS OR ACTIONS TO COLLECT DEBTS COULD BE PURSUED DURING THAT PERIOD. I WENT TO SEE A LAWYER TO GET ME A LITTLE MORE TIME TO PUT MY CASE TOGETHER AND PURSUE OTHER A VENUES AND APPROACHES TO ATTAIN CLARITY AND LAWFUL WAYS TO END THIS CIVIL CASE FROM GOING TO COURT. I WENT TO SEE ANOTHER LAWYER AS DIRECTED BY MY FIRST LAWYER TO FIND OUT IF DECLARING BANKRUPTCY WOULD BE A PROPER MEANS TO BRING THIS TO A CLOSE. I THOUGHT REAL HARD ABOUT THIS AND DECIDED TO MAKE A CALL TO THE FEDERAL TRADE COMMISSION. THEY BELIEVED WHAT I HAD TO SAY BUT STATED THAT THEY WOULD ONLY PURSUE CLASS ACTION CASES WHERE THEY BELIEVED A PATTERN OF ILLEGALITIES WERE CROPPING UP BY VARIOUS DEBT COLLECTION AGENCIES! I REALIZE NOW THAT MY DISPUTE LETTER FROM "NAES" AKA "DSI" WHO I PAID A LOT OF MONEY TO HELP ME WITH MY DEBT SETTLEMENT WERE NOT THE PEOPLE THEY PURPORTED TO BE. WHILE I BELIEVE THEY HAVE A LOT OF KNOWLEDGE THEY WERE UNABLE TO SEND DOCUMENTS TO ME THAT I COULD OPEN WITH MY COMPUTER PROGRAMS AND I SENT THEM EMAIL TO CORRECT THIS DILEMMA IT WAS TO NO AVAIL AND I HAVE LOST A LOT OF TIME AND MONEY AND ALAS I FOUND MYSELF WITHOUT ANY HOPE TO RESOLVE THE CIVIL CASE AT HAND! LASTLY; I CONTACTED NLDC AKA NATIONAL LEGAL DEBT CENTERS AND ENROLLED WITH THEM ON SEPTEMBER 1, 2005 AND HAVE MADE MY FIRST PAYMENT AND HOPEFULLY TAKE CARE OF MY DEBT IN A LEGAL AND PROPER AND TIMELY FASHION. PLEASE FORGIVE MY IGNORANCE OF THE LAW AND REALIZE I HAVE MADE ALL ATTEMPTS TO REMEDY THIS SITUATION! IN CONCLUSION I MUST BE HONEST THAT IN FEBRUARY OF THIS YEAR 2005 I WAS TOLD THAT I MAY INDEED LOSE MY JOB AND MY WIFE CLEANS HOUSES AND MIGHT ADD ONLY $10,000 OF ACTUAL INCOME AFTER DEDUCTIONS AND I BEGAN TO WORRY ABOUT THE MINIMUM PAYMENTS WE WERE ONLY ABLE TO MAKE BECAUSE OF THIS VERY FACT. I HAVE LEARNED THE HARD WAY AND ASK THAT YOU WOULD DISMISS THIS ACTION AGAINST ME AND LET US PROCEED THROUGH THE COMBINED EFFORTS OF THE NATIONAL LEGAL DEBT CENTERS AND THE CREDITORS! THIS IS TRULY A HARDSHIP CASE AND I PRAY THIS LETTER WOULD BE RECEIVED IN THAT W AYI SINCERELY ROBERT D. BAILEY AKA ROBERT BAILEY DATED 10/16/05 f~ 1\' \ \ lG1(\\\'\\~\o\ ~\, , m '-\eC1YIC' <If, lw, '~"h- . ::' ~ /7, A', I 1<...lD /" ',r. . \ \.1, J "', vV ,. ~I'--\( <::rJ-'CAl~ >- . \" '" nfl'j.. . <l; \1. q') JI \ \:.\IV::> \ ' U. ' "" t .roW 1\\ '.' I I \:I" I "I '.' \' ,;",{, <!t "'~ SC, ~,~ /' i'{W~' , .~ ~:~' :-w..~ lli. :\lfU:Cl\\n .S,'.5. ,eo. 3. .' <t\~~ ~ <lt~-f5tD . ~ '\1;, ' , " (;16. iO {j\\ t\m\t.- 4, \.93, liD ~;.\\"t "S ~ i G\~~\t~ tfi' \ <.." .~,2,k ,'\.,~L\ \.~C:s-.,^ , \' ~~\xp-w . ,Ii,' L~~~ \WK-S , '~\~ \ lOAf..':> , .y \T\ SI\S \L!"\' \ ,'IS (~ ~\~ ~~'\\'~~\" 0, "-\~\~, ~\ICS "\Cvbu.s\~~S - Wr\'t Dr. Richard J. -Cantor Specialist In Orthodonlic:s 3 Tyler Court Cartisle. PA 17013 Date: 91612005 r_: 1:50:28 PM 717~ 8432 Mr. &: MIs. RDbert Baiky 1166 RAldwood Dr. Carlisle, PA \7013 Palimt Pho8e: (717) 249-41j9 Billing Pho8e: (717) 249-4759 Tr- . _ol. Fee: .,9150.011 Payment Schedule for Ashley Bailey - 05133 St.III1, Balance: .,9150.011 F'lIyment Type Due Date An-.t An-.t PaId Date PaId RMullIng BalanCll V -- 4-~-O,;" fDiIiaI fee 09I06I20lIS <400.00 4,550.00 ~Due 10106I2OO5 75.00 -~-- 4,475.00 " '1)~ fDstaIlment Due 1110612OO5 75.00 4.400.00 ----,~-~- .-I"'-Due 12I06I2OOS 75.00 4.,325.00 fDstaIlment Due o lJ06f2J006 75.00 4.250.00 lDsIaIIment Due OVll6l'2OO6 75.00 4.175.00 1__ Due 0310612OO6 75.00 4.100.00 1_........ Due 0WIiI2006 75.00 4.025.00 ~-"--,--- fDstaIlmenl Due !lS106I2OlI6 75.00 3,950.00 1__ Due Il6M6I2OO6 75.00 3.875.00 I_I........ Due 07J06f2J006 75.00 3,llOO.00 r-Ilment Due 0lWliI'2006 75.00 3,725.00 -----.- In_I....... Due IJIMl6I2OO6 75.00 3.650.00 ---- Jaitial fee tG!lJ6l2OO6 500.00 3,150.00 '-........Due III06f.lOO6 150.00 3.000.00 ----.-----.- fDstaIlment Due IVlI6I'2OO6 150.00 2.850.00 '-I_Due 01,Q6l2OO7 150.00 2.700.00 r-Ilment Due 02i06l'2OO7 150.00 2.550.00 ,-- -I_Due 03J06l2OO7 150.00 2,400.00 f---I&rn..t Due 0W6I2007 150.00 2.250.00 r-Ilment Due OSi'06l2OO7 150.011 2.100.00 -- IBalIment Due 06106I2OO7 150JIO 1,950.00 lasIaIlment Due 07,Q612OO7 150.00 1,800.00 I--Due 0lIi'06I2007 150.00 1.650.00 IBalIment Due 09RI6I2007 150.00 1,soo.00 1_I........Due IlW6I2OO7 150.00 1,J5O.00 r-Ilment Due 11,Q6I2OO7 150.00 1.200.00 .......- Due 12I06I1l107 150.00 1,050.00 ,.............. Due OIICW2Ollll 150.00 90000 --Due 0V06I200ll 150.00 750JIO IBalIment Due OY06l'2OOll 150JIO 600.00 IBalIment Due 04I06I200Il 150JIO 450.00 -'1"'< ,-c:- C) \-: r-' ~~ ~,1\ ~) --, C..J 'n ...... ~~c.-n (11::0:' :~;~\t - ..J :>";"::j s; ....e -- ,r.;.~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK No. 05 .5 103 Civil PlaintitI, MOTION FOR JUDGMENT ON THE PLEADINGS AND TO AMEND CAPTION, NUNC PRO TUNC, TO CORRECT THE NAME OF THE DEFENDANT vs. ROBERT DENNIS DAILEY FILED ON BEHALF OF Plaintiff Defendant. COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler P A LD. #93598 Weltman, Weinberg & Reis Co.. LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04406200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION DISCOVER BANK No. 05-5103 Civil Plaintiff, vs. ROBERT DENNIS DAILEY Defendant. MOTION FOR JDUGMENT ON THE PLEADINGS AND TO AMEND CAPTION. NUNC PRO TUNC. TO CORRECT THE NAME OF THE DEFENDANT AND NOW, comes Plaintiff, by its counsel, Weltman, Weinberg & Reis Co., L.P.A. and respectfully moves this Honorable Court to enter an Order pursuant to PA.R.C.P. 1033 amending Plaintiffs Complaint, nunc pro tunc, to correct the name of the Defendant fi'om Robert Dennis Dailey to Robert D Bailey a/kla Robert Bailey and pursuant to Pennsylvania Rule of Civil Procedure 1034 for judgment on the pleadings. In support thereof, Plaintiff avers as follows: I. On or about September 29,2005 Plaintitffiled a civil action against the Defendant, Robert Dennis Dailey, seeking to recover a balance due in the amount of$4.794.63. plus attorney's tees and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Defendant filed an Answer claiming a computer.programming problem and requesting this debt be dismissed due to due to financial hardship. A true and correct copy of Defendant's Answer is attached hereto as Exhibit "B" and made a part hereof. 3. Upon receipt of Defendant's Answer, counsel for Plaintiff noticed that the Complaint was inadvertently captioned against "Robert Dailey" rather than "Robert D. Bailey." 4. Plaintiff avers that the Defendant will not be prejudiced by changing the caption to correct the last name of the Defendant, as the Defendant acknowledges his name as being "Robert D. Bailey alkla Robert Bailey." See Exhibit 2. 5. It is the policy of Pennsylvania Rules of Civil Procedure 1033 to freely allow the amendment of pleadings when justice so requires. 6. Defendant's Answer failed to deny any of the material facts pled in the Complaint 7. Under Pennsylvania Rule of Civil Procedure 1029(b), the averments of the pleading to which a response is required are deemed admitted when not denied specitically. 8. Defendant's Answer contained no New Matter. 9. Under Pennsylvania Rule of Civil Procedure 1032(a), "a party waives all defenses and objections which are not presented either by preliminary objection, answer or reply..." I O. The pleadings are closed and time exists to dispose of this Motion before trial. 11. No genuine issue of material fact exists as to Plaintiffs claim. 12. Here, Defendant has failed to deny owing this debt and has presented no legitimate detense ror his failure to pay. Plaintiff is entitled to judgment in its favor as a matter of law on the amount sought in the Complaint. WHEREFORE. Plaintiff moves this Honorable Court to enter an Order directing judgment on the pleadings in favor of Plaintiff and against Defendant in the amount 01'$4,794.63, plus attorney's tees and costs AND thereby amending Plaintiffs Complaint to correct the name of the Detendant on the Complaint to "Robert D. Bailey a!k/a Robert Bailey." WELTMAN, WEINBERG & RE1S eCL LPA ~72~ , Benjamin R Bibler P A J.D. #93598 Weltman, Weinberg & Reis Co.. LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04406200 ". IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0 s- - S to J c;uJ ~f/LfVl vs. COMPLAINT IN CIVIL ACTION ROBERT DENNIS DAILEY 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 04406200 C A Pit WLG EXH'BIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK plaintiff vs. Civil Action No ROBERT DENNIS DAILEY 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 adult individual(s) residing at the address listed below: ROBERT DENNIS DAILEY 1166 REDWOOD DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002060377777 . 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 15, 2005 , in the amount of $4794.63 . 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 $500.00 . 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, ROBERT DENNIS DAILEY ,INDIVIDUALLY, in the amount of $4794.63 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. ~ . Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 434-7955 412-338-7130 406200 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. 23 SDSN6A01 0000499 ROBERT DENNIS BAILEY 1166 REDWOOD DR CARLISLE PA 17013-1378 payrllf:flll UUl:# uau>, August 22, 2005 :j;1 \ SAVE TODAYI Call 1.866.894.5727 to transfer your higheHate balances to your Discover@ Card or visit Discovercard.com. tl I WL!'-J7D0 Ij U J Vl..j~., PO BOX 15251 11I...11.....1.1..11..1.1.1 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, 1,.,111.1..1.,1.1..1..11,..1,1,.,1,1.1,1",.11,1.1....111.1..1 or go to Discovercard.com. ODDDDbD11DD20bD377777D4794b3DDDODDDDDb5DDD Closing Date: July 23, 2005 Discover Titanium Card Account Summary :account number payment due date minimum payment due credit Jimit credit available ~sh credit limit f;ash credit available 6011 00206')377777 AU9ust 22, 2005 $650.00 $6,000.00 $1,205.00 $3,000.00 $0.00 page 1 of 1 previous balance payments and credits purchases cash advances balance transfers $4,794.63 0.00 + 0.00 + 0.00 + 0.00 + 0.00 = $4,794.63 FINANCE CHARGES new balance EXHIBIT IIA'1 :rransactions previous statement balances , trans. post date date Average Daily Balances Current billing period; 30 days Purchases $0 pash Advances $0 FINANCE CHARGES: OLD BALANCE FINANCE CHARGES: CASH FINANCE CHARGES: PURCHASES FINANCE CHARGES: BALANCE TRANSFERS PRINCIPAL: OlO BALANCE PRINCIPAL: CASH PRINCIPAL: PURCHASES PRINCIPAL: BALANCE TRANSFERS $ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Daily Penodic Rates ~'k'r/il~L ANNUAL PERCENTAGE PERCENTAGE RA TES RA TES Periodic FINANCE CHARGES Transaction Fee FINANCE CHARGES 0.05477% 0,05751 % 19.99% F 20,99% F 19.99% 20.99% $0 $0 none $0 . --- _'..._.l:,.~... It:"\ ^r tho" ITI,,'I '''''1''1I IVI l'I_ll. nn!Ad above. \\ '. Verification The undersigned does hereby verify subject to the penalties of 18 P A.C.S. 94904 relating To unsworn falsifications to authorities, that he/she is Robert Adkins Accounts Manger of Discover Bank, Plaintiff herein, that heishe is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of hislher knowledge, infonnation and belief. 6?1:d"a~~ WWR# OL{L(Ob '2.00 '. To: 42524 James C. Warmbrodt Page 2 of 4 . 2005.10.17000204 (GMT) , 8005078507 Froel ROBERT BAI LEY IN THE CQURT OF COMMON PLg.",-S OF' CUMBERLAND COUNTY, PENNSYINA1UA DISCQVER BANK PlaintHt VI$. ROBERT DENNIS DAILEY Defendant EXHIBIT -1? CIVIL, m:VIS;rON l'Io:OS- - !{1Q3 c;u ~ C---~}~) COMPLhIN'I' IN CIVIL henON FILED ON BEHAl,F' of Plaintiff COUNSEL OF p,ECORD OF THIS PARTY, James C. Warmbrodt,12524 WELTMAN, WE;J:NBERG &, PElS CO., !". P. A. 430' Seventh J.#V(;TJ.u,e, Suite 2'119 Pittsburgh, Pi'.. 15219 (412) 434-7955 C:' ~~~r2.338-7I30 '<<~~ C A Pit WLG )11 .mUE COPYHmM RECORO k' 'j'lj;;/;,"'.i'l' W~,;'i!()f ,I ~Il dl~(l '!<sf my h<<tlll ~' :1-'1 ~ :,dliJC" at Gartl:\llJ. Pa i!, '_~Y ._~, . ?~' af)' . To: 4~524 James C, Warmbrodt Page 3 of 4 . 2005.10.17 00'0204 (GMT) 18005078507 From' R06=:R' BA'L::Y To the Court of COMMON PLEAS CUMBERLAND COUNTY,PA. CIVIL DIVISION CASE 05-5103 DEFENDANT: ROBERT D. BAILEY AKA ROBERT BAILEY I WAS ABSOLUTELY SURE I WAS DOING THE RIGHT THING WHEN I SENT A DISPUTE LETTER TO DISCOVER BANK ACCORDING TO THE LAW THEY HAD 90 DAYS TO RESPOND L'" WRITING AND THAT NO CALLS OR ACTIONS TO COLLECT DEBTS COULD BE PURSUED DURING THAT PERIOD. I WENT TO SEE A lAWYER TO GET ME A LITTLE MORE TIME TO PUT MY CASE TOGETHER AND PURSUE OTHER AVENUES AND APPROACHES TO ATTAIN ClARITY AND lAWFUL WAYS TO END THIS CIVIL CASE FROM GOING TO COURT. I WENT TO SEE ANOTHER IA'VYER AS DIRECTED BY MY FIRST lAWYER TO FIND OUT IF DECLARING BANKRUPTCY WOULD BE A PROPER MEANS TO BRING TIUS TO A CLOSE. I THOUGHT REAL HARD ABOUT THIS AND DECIDED TO MAKE A CALL TO THE FEDERAL TRADE COMl\IlSSION. THEY BELIEVED WHAT I HAD TO SAY BUT STATED THAT THEY WOULD ONLY PURSUE ClASS ACTION CASES WHERE THEY BELIEVED A PATTERN OF ILLEGALITIES WERE CROPPING UP BY V ARlOUS DEBT COLLECTION AGENCIES! I REALIZE NOW THAT MY DISPUTE LETTER FROM "NAES" AKA "DSr' WHO I PAID A LOT OF MONEY TO HELP ME WITH l\IY DEBT SETTLEMENT WERE NOT THE PEOPLE THEY PURPORTED TO BE. WHILE I BELIEVE THEY HAVE A LOT OF KNOWLEDGE THEY WERE UNABLE TO SEND DOCUMENTS TO ME TlLU I COULD OPEN WITH l\W COMPUTER PROGRAMS AND I SENT THEM EMAIL TO CORRECT THIS DILEMMA IT WAS TO NO AVAIL AND I HAVE LOST A LOT OF TIIvIE AND MONEY AND ALAS I FOUND MYSELF WITHOUT ANY HOPE TO RESOLVE THE CIVIL CASE AT HAND! LASTLY; I CONTACTED NLDC AKA NATIONAL LEGAL DEBT CENTERS AND ENROLLED WITH THEM ON SEPTEMBER 1, 2005 AND HAVE MADE MY FIRST PAYMENT AND HOPEFULLY TAKE CARE OF MY DEBT IN A LEGAL AND PROPER AND TIMELY FASHION. PLEASE FORGIVE MY IGNORA"'CE OF THE LAW A>"'D REALIZE I HAVE MADE ALL ATTEMPTS TO REMEDY THIS SITUATION! IN CONCLUSION I MUST BE HONEST THAT IN FEBRUARY OF THIS YEAR 2005 I WAS TOLD THAT Il\L>\.Y INDEED LOSE MY JOB AND MY WIFE CLEANS HOUSES AND MIGHT ADD ONLY $10,000 OF ACTUAL INCOME AFTER DEDUCTIONS AND I BEGAN TO WORRY ". . To: 41524 James C Warmbrodt Page 4 of 4 2005.10.17000204 (GMT) 18005078507 FrOnT ROBER~ BAIL!::Y ABOUT THE MINIl'vWM PAYMENTS WE WERE ONLY ABLE TO MAKE BECAUSE OF THIS VERY FACT. I HAVE LEARNED THE HARD WA Y AND ASK THAT YOU WOULD DlSl'vfiSS THIS ACTION AGAINST ME AND LET US PROCEED THROUGH THE COMBINED EFFORTS OF THE NATIONAL LEGAL DEBT CENTERS AND THE CREDITORS! THIS IS TRULY A HARDSHIP CASE AND I PRAY THIS LETTER WOULD BE RECEIVED INTHATWAYI SINCERELY ROBERT D. BAILEY AKA ROBERT BAILEY DATED 10/16/05 , VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.CS. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction ofthe court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief / )7. 6/ot Dati I ~,// ,....". , ~ Benjamin R Bibler, Esquire " , CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Judgment on the Pleadings and to Amend Caption, Nunc Pro Tunc, to Correct the Name of the Defendant has been served by U.S. Mail, Postage Pre. Paid, on (>'::"'dayof He ,(~ \, 2006 upon the following: ROBERT D. BAILEY 1166 REDWOOD DR CARLISLE, PA 17013 By: uire / -. n --;1 --'ft '-.~.~' 0..1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) (Jt c{Cf.s, QlOC:; TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next J\rgunent CaJrt. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption IWSt be stated in full) 8i3c6'v'Qr" c9cl\ t (Plaintiff) vs. ~ ~I'\'{'\($ <EGlQ c.\lls 'ecber:t- J~bl0 (Ilefen1ant l No. ,9DOS Civil 0103 19- 1. State matter to be argued (i.e.. plaintiff's ITCtion for new trial, defen1ant's demJrrer to carplaint, etc.): yy\ot)O\ U:. ~ ~C { 2. Identify counsel who will argue case: \',\,\:;;-;;:3:1, Weinbllrg It fleiS CO., L.P.A. 2118 ~ Bldg. 4367'" Avenue 'lIlIIIurgh, PA 15219 (412) 434-7955 !=h3e.., , ( II c.. c.. ~cl.u.JCxJ() 0(, Cor\;5\.u l '?~ 1l-dL3 3. I will notify all parties in writing within two days that this case has been listed for argunen~ { 0 ! Ol.o()C, (a) for plaintiff: Address : (b) for defen1ant: Address: 4. Argunent Court Date: ...._...._.4_ C) '.n , c ~:'~ I....S' Cf) DISCOVER BANK, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT DENNIS DAILEY a/kla ROBERT DAILEY, DEFENDANT : 05-5103 CIVIL TERM AND NOW, this ORDER OF COURT "8\f-- day of September, 2006, IT IS ORDERED that the petition of plaintiff to amend the caption to correct the name of defendant to Robert D. Bailey a/kla Robert Bailey, IS GRANTED. ~ By the Court, . .~ /' Benjamin R. Bibler, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 For Plaintiff f(-f-/;{p ~ ~ JIIS Robert D. Bailey a/kla Robert Bailey 1166 Redwood Drive Carlisle, PA 17013 :sal "'HA.RY 2no~ S"..) 8 f:li':l 1-- 28 u' {} l:i - , DISCOVER BANK, PLAINTIFF V. ROBERT D. BAILEY alkla ROBERT BAILEY, DEFENDANT AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 05-5103 CIVIL TERM ORDER OF COURT ~ day of September, 2006, IT IS ORDERED that judgment IS GRANTED in favor of plaintiff, Discover Bank, against defendant, Robert D. Baileya/kla Robert Bailey, in the amount of $4,794.63 plus costs and attorney fees. Benjamin R. Bibler, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 For Plaintiff Robert D. Bailey a/kla Robert Bailey 1166 Redwood Drive Carlisle, PA 17013 :sal ( ~ '""--- Cj~ ~-6Co ~ ~L ~S ('I: '..,,)1 ZODS SEe -8 PH I: 28 CUiVib,.::,_, ._ '~/ji.Jr\rrY PE ~Jf\;,3'Yj~v',/\_\~!/\. , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA DISCOVER BANK, No. 05-5103 CIVIL Plaintiff, v. ROBERT DENNIS DAILEY, PRAECIPE TO VACATE JUDGMENT Defendant. FILE ON BEHALF OF: Pbintiff COUNSEL OF RECORD OF TillS PARTY: Benjamin R. Bibler, Esquire PA J.D. #93598 WEL TMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 04406200 , .. ~ IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK, No. 05-5103 CIVIL Plaintiff, v. ROBERT DENNIS DAILEY, Defendant. PRAECIPE TO VACATE JUDGMENT To the Prothonotary: Kindly, vacate the judgment entered in the above matter, as the Defendant filed bankruptcy before the judgment date. Respectfully Submitted, Benjamin R. ler, Esquire PA J.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 04406200 ~\. ~ w \\ G:i ~ w \' VJ ..c::. ~ ....-.p ~ ~ o C> ~ ~ -I: ,....., c;::::::l G;::J cr- (/') ;-q -v 1',) OJ o .on --l ...,- n-'l :D " '"3\~ :,'-"") ..J.. ~:J~: ..-,:-n of. (~) ,~~rn :"D .< -0 -"'t",... -""'" w (Ji C'