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HomeMy WebLinkAbout05-6160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 05- &.1'-.0 C'o;L~8L"'l vs, COMPLAINT IN CIVIL ACTION ALEESHA ASPER 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 04641382 C A Pit WLG . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff civil Action No tJJ: L/c,O vs. ALEESHA ASPER 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: ALEESHA ASPER 24 W BIG SPRING AVE APT NEWVILLE, PA 17241 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002320373723 . 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 November 15, 2005 , in the amount of $2044.04 . 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, ALEESHA ASPER ,INDIVIDUALLY, in the amount of $2044.04 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $300.00 , and costs. This law firm is a debt collector a empting to collect this debt for our client and any information obtained will be used for that purpose. Warmbrodt, , WEINBERG CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 434-7955 AX 412-338-7130 04 41382 C A pit WLG Verification The undersigned does hereby verify subject to the penalties of 18 PAC.S. !l4904 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, lfl~~ Signature WWR# A) \.J ~1 ~ C:i ...... V) ~ ~ ~ ~ "<l. o CI1 ().. ~ ~ ----<- ~~; '~) ,--~ \, ,_~'.I :::1 1 i"'-\ C', t:J .. CO ~i2 B ill II") SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06160 P COMMONTWEALcH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS ASPER ALEESHA R. Thomas K'ine ,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 ASPER ALEESHA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , ASPER ALEESHA 24 W BIG SPRING AVENUE NEWVILLE, PA 17241 PER POST OFFICE, DEFENDANT'S ADDRESS IS 127 CUMBERLAND AVENUE SHIPPENSBURG, PA 17257. (FRANKLIN COUNTY) Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 11.52 5.00 10.00 .00 44.52 .. ..(~/' -z'/_<-t:.;;?:f:> " R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 12/20/2005 this Sworn and subscribed to before me , day of '~~f tv ,/ - j",,~ ~ CA. prothonq 'C1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLV ANIA CIVIL DIVISION DISCOVER BANK Plaintiff No.05-6160-C1VIL vs. PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE ALEESHA ASPER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William 1', Molczan. Esquire PA J.D. #47437 WELTMAN. WEINBERG & REIS CO.. I..P,A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh. P A 15219 (412) 434.7955 WWR#04641382 ~ -. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No, 05-6l60-CIVIL ALEESHA ASPER Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Diseontinue and End without Prejudiee to Refile the above-eaptioned matter upon the reeords of the Court and mark the eosts paid, WELTMAN. WEIN ERG & REIS CO" L.P,A. By: William' . Molczan, Es PA l.D #47437 WELTMAN. WEINBERG & REIS CO" L.P.A, 2718 Koppers Building 436 Seventh Avenue Pittsburgh, i' A 15219 (412) 434.7955 WWR#04641382 ,..-;",\ ~.. , ..:.,.- r-:: l'J r 0"