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Home My WebLink About05-5104q 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Q S n VS. COMPLAINT IN CIVIL ACTION BARBARA J FALCO AKA BARBARA FALCO 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 04469117 C A Pit WLG 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No BARBARA J FALCO 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 i 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: BARBARA J FALCO 775 HAMILTON CT CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002860630409 . 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 16, 2005 , in the amount of $1859.49 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 $300.00 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 , BARBARA J FALCO INDIVIDUALLY , in the amount of $1859.49 with interest at the legal rate of 6.000. per annum from date of judgment plus attorneys' fees of $300.00 , and costs. r - - James Warmbrodt,42524 WELT V, WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pi s urgh, PA 15219 (4 2) 434-7955 F ; 412-338-7130 44 9117 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. September 2, 20u5 03 SDSN6A01 0009307 BARBARA FALCO 775 HAMILTON CT CARLISLE PA 17013-1519 SAVE TODAY! Call 1-866-894-5727 to transfer your higher-rate balances to your Discover@) Card or visit Discovercard.com. PO BOX 15251 11111111111 11 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, I I I I I I I I I I' I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I ergo to Discovercard.com. 000006011002860630409018594900000000058500 Discover Platinum Card Account Summary 'iccount number , ayment due date 'minimum payment due credit limit credit available :;:ash credit limit crash credit available 6011 0028 6063 0409 September 2, 2005 $585.00 $8,200 $0 $4,100.00 $0.00 Cashback Bonus® Closing Date: August 3, 2005 page 1 of 2 previous balance $1,859.49 payments and credits - 0.00 purchases + 0.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 0.00 new balance = $1,859.49 Cashback Bonus® Anniversary Date: July 3 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 Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days iurchases $0 0.03285% 11.99% V 11.99% $0 none Cash Advances $0 0,05751% 20.99% F 20.99% $0 $0 The 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. 6iganature WWR# N14 q 117 ^O W ? V "73 cn no r DISCOVER BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 5104 Civil Term BARBARA J. FALCO, : CIVIL ACTION - LAW Defendant ANSWER TO COMPLAINT 1. Admitted, Plaintiff is a corporation with offices at 3311 Mill Meadow Drive, Hilliard, Ohio, 43026. 2. Admitted, Defendant is an adult individual residing at: 775 Hamilton Court, Carlisle, Pa., 17013. 3. Admitted. 4. Admitted in part, denied in part. Defendant admits that Plaintiff claims such amount is due; however, Defendant believes a large portion of the amount due consists of exhorbitant late fees which may be accruing each month. 5. Admitted in part, denied in part. Defendant has not made all payments when due; Defendant is not in possession of the parties' agreement and does not have knowledge that she is in default. 6. Denied; Defendant has no current knowledge as to whether the Agreement between the parties provides for Plaintiff's attorneys' fees. 7. Denied; Defendant has no specific knowledge or evidence that such attorneys' fees will amount to $300. 8. Denied; Plaintiff is in the midst of a divorce and is unable to pay the balance at this time. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. A n f ^ B ara J. Falco, efendant Respectfully Submitted: Date: l0 ?1d5 Jane ams, Esquire I.D o. 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT W r- t , ?til ? __ <:,n ? ? r-` '_ _? 1?, ' = .} ???7 E.-J SHERIFF'S RETURN - REGULAR CASE NO: 2005-05104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS FALCO BARBARA J AKA BARBARA FA MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FALCO BARBARA J AKA BARBARA FALCO the DEFENDANT , at 1505:00 HOURS, on the 11th day of October , 2005 at 775 HAMILTON COURT CARLISLE, PA 17013 CHARLES HAMMEL, BOYFRIEND by handing to 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 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before me this J_ day of A.D. Proth ary So Answers: R. Thomas Kline 10/12/2005 WELTMAN WEINBERG REIS By: Deputy She ff Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. BARBARA J FALCO Defendant No. 05-5104CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04469117 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-5104CIVIL BARBARA J FALCO 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.P.A. By: JAMES C? ARMBRODT PA I. D 4 WELT N, EINBERG & REIS CO., L.P.A. 2718 Opp s Building 436 ven Avenue Pitt urg , PA 15219 (41) 4-7955 WWR #04469117 Sworn to and sul before me this _ day of March, 08 ON?1??EAt TH or FEIdNSYLVANIA LIC COMM Ndal N?SyPut*c \NBYM City ? A ones, ?es?? V'? A iss My ue of Notaries Cam E Member, Pen?a:?,tv?^^i?, A:,:;c;;;ation .ca. n co p? pip U 0 6s O (N D ,-rz tti J =r