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Home My WebLink About05-6663 r I II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK plaintiff No: OS - 0:,&:,&-.3 C'I LJ~.-T W-yy\ VB. COMPLAINT IN CIVIL ACTION DIANE KAY SOUDER AKA DIANE SOUDER 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 04833230 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Civil Action No OS' - I..LL3 C,uL't-&z.'1 vs. DIANE KAY SOUDER AKA DIANE SOUDER 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. I' IF YOU CANNOT AFFORD TO ~IRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATIpN ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ~T 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: DIANE KAY SOUDER 50 ASPER RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card issued by Plaintiff bearing the accounb number 6011002270611692 . A copy of I of Accdunt s attached hereto, marked as Exhibit Plaintiff's Statement "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 December 09, 2005 , in the amount of $1518.03 . 5. Defendant is in default by failing to make payments when due. I' I 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 Plaintiffj prays for Judgment in its favor and against Defendant, DIANE KA~ SOUDER ,INDIVIDUALLY, in the amount of $1518.03 with interest at thel legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $300.00 , and costs. .--.,--:::/ -'-~':~JV c.' WEt'42524 , WEINBERG & REIS CO., L.P.A. 43q venth Avenue, Suite 2718 Pitt burgh, PA 15219 (t1l ) 434-7955 : 412-338-7130 833230 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. ! \ARD payment due date November 29, 2005 $1 o~('i 0-',--'0. t ~ <"-- .' -".. .' " _/ ~)) c- ....) ../ 31 SDSN6A01 0006003 DIANE SOUDER 50 ASPER RD NEWVILLE PA 17241-9418 To order Cash Access Checks, select your P .I.N., or to find cash locations call 1.800-DISCOVER (1-800-347-2683) or visit DiscQvercard.com. PO BOX 15251 11I...11"...11..../1,11,,1 WILMINGTON DE 19886-5251 1."111,1.,1"1,1..1..11.,,1,1..,1.1,1,1,,,,11.1.1.,,,11I,1.,1 Address or telephone change? Please print change in the space above, or go to DisCQvercard,com. 000006011002270611692000000000000000025100 Closing Date: October 31, 2005 page 1 of 1 Discover Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 002270611692 November 29, 2005 $251.00 $1,500.00 $-18.00 $800,00 $0.00 previous balance payments and credits purchases cash advances balance transfers $1,518.03 1,518.03 0.00 0.00 0.00 0.00 $0.00 + + + + FINANCE CHARGES new balance = EXHIBIT .' flU Cash back Bonusill> Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashback BonuS@ Anniversary Date: December 26 Transactions trans. post date date Payments and Credits Oct 31 Oct 31 INTERNAL CHARGE-OFF $ -1,518.03 Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES -- current billing period: 5 days Purchases $0 0.05751% 20.99% F 20.99% $0 none Cash Advances $0 0.06299% 22.99% F 22.99% $0 $0 - ~ ''''-' ~_.'--" --... ~~. /\/\ ~... ~,........ ...h...,,", Verification The undersigned does hereby verify subject to the penalties of 18 P A.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. ';f}#uz;@~ Signature WWR#N/~.)?J2~ p ~7ft _ It.> ~ ~ ~ ~ .{,Q VI. If\ trl 0- ~ ~ -L ~~ C) c.:.~ -n c'.!"t .-4 o :1::-" f'Ti ri1p:: ~ -(.~ 8 ~ ~'~~I. iLJ n ~;-, ~ c:_:; :'::-'~\ ..., 8 ...,., ::~: \-j~f?1 , , ::::.\ -T..... "'-~""I ::< r-:i ,-,:~ ..., SHERIFF'S RETURN - REGULAR CASE NO: 2005-06663 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SOUDER DIANE KAY AKA DIANE SOU SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SOUDER DIANE KAY A/K/A DIANE SOUDER the DEFENDANT at 1630:00 HOURS, on the 27th day of December, 2005 at 50 ASPER ROAD NEWVILLE, PA 17241 by handing to MERLE SOUDER, ADULT IN CHARGE 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 18.00 13 .44 .00 10.00 .00 41.44 So Answers: -'"' ~:;/' ..~/~( ~..,.. /' , .:-::' ,.p' /~/'_ A .'y 'J;;-:~,_.._."..,A:J _r~""'~. 1"' .r-;"~r>';/''''' ,~-k'" -.- "J ' R. Thomas Kline 12/28/2005 WELTMAN WEINBERG REIS Sworn and Subscribed to before By: 1 r1 t:. i)-i-- 'if (I/-,--- ' J / DE'puty Sheriff 73:~ ,P onorry /0< if ~ day of me this A.D. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-6663 CIVIL Ys. PRAECIPE FOR DEFAULT JUDGMENT DIANE KA Y SOUDER AKA DIANE SOUDER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZA"J. ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#04833230 Judgment Amount $ 1.818.03 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintitl YS. Civil Action No. 05-6663 CIVIL DIANE KAY SOUDER AKA DIANE SOUDER Defendant I'RAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant. DIANE KAY SOUDER AKA DIANE SOUDER above named, in the default of an Answer. in the amount of $1,81 8.03 computed as i(,llows: Amount claimed in Complaint $ 1,5 I 8.03 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fecs $300.00 TOTAL $1.818,03 I hereby certify that appropriate Notices of Default. as attached have been mailed in accordance with PA R.C.p. 237, I on the dates indicated on the Notices. WELTMAN. WEINBERG & REIS CO.. LP.A. wiLt By: WILLIAM T. MOLCZAN, E,' PA 1.0.#47437 Weltman, Weinberg & Reis Co" L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh. P A 15219 (412) 434.7955 WWR#04833230 Plaintif-rs address is: c/o Weltman. Weinberg & Reis Co.. LP.A., 2718 Koppers Building. 436 7" Avenue. Pittsburgh, PA 15219 And that the last known address of the Defendant is: 50 ASPER RD.. NEWVILLE.PA 17241 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case # 0)- b/;b3 -- CII;( DIANE KAY SOUDER Defendant(s) IMPORTANT NOTICE TO: DIANE KAY SOUDER 50 ASPER RD NEWVILLE,PA 17241 01 /2t.( I D6 Date of Notice: WWR#: 04833230 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 .--------? ,,---"", '/,7 B:~;tJf/(t;;f;t// JAMES W RMBRODT, ESQUIR , PA I.DMi 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KO PERS BLDG, 436 7TH AVE. PITTSB GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 05-6663 CIVIL Plaintiff NON-MILITARY AFFIDAVIT \is. DIANE KA Y SOUDER AKA DIANE SOUDER Defendant The undersigned. who first being duly sworn, according to law, deposes and states as follows: That helshe is the duly authorized agent ofthe Plaintiff in the within matter. Atliant fllrther states that the within Affidavit is made pursuant to and III accordance with the Scrvicemembers' Civil Relief Act (SCRA), 50 U.S.c. API'. ~ 521. Atliant flJrther states that based upon investigation it is the affiant's belief that the Defendant, DIANE KAY SOUDER AKA DIANE SOUDER 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. DtANE KAY SOUDER AKA DIANL SUUDLR is not in the military service. Further Affiant sayeth naught. AFh(;;L7P~ SWORN TO A _ of ~~BSCRIBED in my presence this Og_ day . J..oob / / NOTARY PUBLIC 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. Request for Military Status Page I of 1 Department of Defense Manpower Data Center FEB-03-2006 11:24:57 Military Status Report Pursuant to the Service Members' Civil Relief Act .. Last Name First/Middle Begin Date I Active Duty Status I Servicel Agency SOUDER 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. ~--~~ ---2 . r-cWJ \ r.~~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization ofthe 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. SS 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 failure 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.defcnselink.millfaq/pis/PC09SLDR.html. WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:XELNUV1YKO https :I/www.dmdc.osd.millscra/owa/scra. prc _Select 2/3/2006 t ;d G -{,g, (~~) ~ l :-G -n ~ .-4 C) --~ . --r, i!~~ rr"', v~ r ......... ~ C) -.. cr, ~ p:J ., Crt .' ~ - j, ~ ~ r:--:' , ~ " Qj' ~ b cn "',,.~ - 1:- -i,. ::: r -- .~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-6663 CIVIE DIANE KAY SOUDER AKA DIANE SOUDER Defendant NOTICE OF JUDGMENT OR ORDER ro: I) PlaintiIT (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord~udgment was entered against you on --1:e~ 11... :tOO(.. (xx) Assumpsit Judgment in the amount of$1.818.03 plus costs. Trespass Judgment in the amount of $ plus costs. () Ifnot satistied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Trame Safety, Harrisburg, PA. (xx) Entry of Judgment of () Court Order () Non.Pros () Confession (xx) Default () Verdict () Arbitration Award Prothonotary By: Is I !2 4/? -i,;g )2, PR(~TI6N()TARY (OR DEPUTY) '-- D~NEKAYSOUDER.AKA 50 ASPER RD NEWVII.LE.PA 17241 Plaintiffs address is: c/o Weltman. Weinberg & Reis Co., L.P.A.. 2718 Koppers Building. 436 7''' Avenue. Pittsburgh. PA 152 I 9 1-888-434-0085