The URL can be used to link to this page

Home My WebLink About06-0821 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH P DEVOR Defendant No : 0tc - d Oil/ at-C) L COMPLAINT IN CIVIL ACTION 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 04956938 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH P DEVOR Defendant Civil Action No 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: JOSEPH P DEVOR 616 N FRONT ST WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002820743839 . 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 January 31, 2006 , in the amount of $6590.73 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 $1000.00 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 P DEVOR INDIVIDUALLY , in the amount of $6590.73 with interest at the legal rate of 6.000°1 per annum from date of judgment plus attorneys, fees of $1000.00 , and costs. rodt,4 24 James Warm 11/ WELT WEINBERG & EIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sb g1 PA 15219 (4 2) 34-7955 F 12-338-7130 04 5 938 C A Pit WLG This law firm is a debt collector attdfpting to collect this debt for our client and any information obtained will be used for that purpose. new balance minimum payment duel account number 6011 0028 2074 3839 DISC 7"VER $6,590.73 $261.00 enter amount enclosed below payment due date $ C? January 10, 2006 '.1 SDSN6A01 0001476 JOSEPH DEVOR To order Cash Access Checks, select 616 N FRONT ST your P.I.N., or to find cash locations call 1-800-DISCOVER (1-800-347-2683) or WORMLEYSBURG PA 17043-1022 visit Discovercard.com. PO BOX 15251 111111 11 111111 11 11. 1111. 1.1 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, 'trrIIirItrInItI III Bill 1u111ui11111111111111111111111{11111 or go to Discovercard.com. 000006011002820743839065907300000000026100 Discover Titanium Card Account Summary Closing Date: December 11, 2005 page 1 of 1 account number payment due date minimum payment due credit limit credit available rash credit limit cash credit available 6011 0028 2074 3835 January 10, 2006 $261.00 $8,300.00 $1,709.00 $4,200.00 $0.00 previous balance $6,444.01 payments and credits - 0.00 purchases + 39.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 107.72 newbalanca = $6,590.73 Transactions trans. post date date Other/Miscellaneous Dec 11 Dec 11 LATE FEE $ 39.00 EXHIBIT Average Daily Balances current billing period: 30 days Nominal ANNUAL Transaction Daily ANNUAL Periodic Fee Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Rates RATES RATES CHARGES CHARGES VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he/she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the 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 her knowledge, information and belief. 04956938 C A Pit WLG i t lt Gy Vy L Court of the City of 641- s &-F- County of G -ro 5A-1 -b , State of -PL Case No. -O C- 8a 1 Plaintiff(s), vs. Defendant is advised to mail copy of this Answer to: ??S FFI' U, ? • 6 S Vale. Defendant(s), Answer In Person lNi?r?"iv'I ?E-r'js V SSW (,Attorney for the PI F ??SEv?r?t ??,,,,,alsuyrs ??"??" k.C-rrjgwx&lf PA 1 so1°I Response Io SEA rF ?c+Q- am the Defendant in this action. As my answer to the allegation(s) made in the Complaint, 1 offer the following: 1. General Denial 2. Other ' S Dae (71?h -Kj6-L Detendanl's Telephone No. Si o fendarM1 in Person Defendant's Address City, State, Zip Code i? T 6 , -1 C y a. "G: T? ? ?1 "?? -A ? C?.?..'.. ;)?{ ?C' N ? 't_ ' ,? N ,? .9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, VS. JOSEPH P. DEVOR, Defendant. Case No.: 06-821 TYPE OF PLEADING: MOTION FOR JUDGMENT ON THE PLEADINGS FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Holly C. Christian, Esquire Pa. I.D. #94496 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR # 04956938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, vs. JOSEPH P. DEVOR, Defendant. Case No.: 06-821 TYPE OF PLEADING: MOTION FOR JUDGMENT ON THE PLEADINGS FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Holly C. Christian, Esquire Pa. I.D. 494496 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 04956938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, Case No.: 06-821 VS. JOSEPH P. DEVOR, Defendant. MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Judgment on the Pleadings and respectfully moves this Court pursuant to Pennsylvania Rule of Civil Procedure 1034 for judgment on the pleadings. In support thereof, Plaintiff avers as follows: On or about February 9, 2006, Plaintiff filed a Complaint against Defendant for payment on a credit card debt. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. On or about March 21, 2006, Defendant filed a Response generally denying the material averments in Plaintiffs Complaint, while stating that he is not trying to avoid this debt. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 3. 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 specifically. 4. Defendant's Answer contains no New Matter. 5. 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..." 6. The pleadings are closed and time exists to dispose of this Motion before trial. 7. No genuine issue of material fact exists as to Plaintiff's claim. 8. Plaintiff is entitled to judgment in its favor as a matter of law on the amount sought in the Complaint. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order directing Judgment on the pleadings in favor of Plaintiff and against Defendant, Joseph P. Devor, seeking $6,590.73 with continuing finance charges thereon at the rate of 6% per annum from the date of judgment plus attorneys' fees of $1,000.00, plus costs. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. Holly C. Chrst n, Esquire PA I.D.494496 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR 4 04956938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JOSEPH P DEVOR Defendant No: COMPLAINT IN CIVIL ACTION 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 04956938 C A Pit WLG EA 7 s. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No JOSEPH P DEVOR 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: JOSEPH P DEVOR 616 N FRONT ST WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002820743839 . 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 January 31, 2006 , in the amount of $6590.73 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 $1000.00 B. 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 P DEVOR INDIVIDUALLY , in the amount of $6590.73 with interest at the legal rate of 6.0009- per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. - James Warm rodt,4 24 WELT WEINBERG & EIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sb gh, PA 15219 (4 2) 34-7955 F 12-338-7130 04 5 938 C A Pit WLG This law firm is a debt collector attdA'(pting to collect this debt for our client and any information obtained will be used for that purpose. newbalance I minimum payment du account number 6011 0028 2074 3839 DISCOVER $6,590.73 $261.00 enter amount enclosed below CARD payment due date $ January 10, 2006 I I SDSNSAOI Mot 476 - - - JOSEPH DEVOR To order Cash Access Checks, select 616 N FRONT ST your P.I.N., or to find cash locations call 1-800-DISCOVER (1-800-347-2683) or WORMLEYSBURG PA 17043-1022 visit Discovercard.com. PO BOX 15251 111 n 11 Iu1111111 uJlln1r1 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, or go to Discovercard.com. 000006011002820743839065907300000000026100 Discover Titanium Card Account Summary Closing Date: December 11, 2005 page 1 of i previous balance $6,444.01 account number 6011 0028 2074 3839 payments and credits - 0.00 payment due date January 10, 2006 purchases + 39.00 minimum payment due $261.00 cash advances + 0.00 credit limit $8,300.00 credit available $1,709.00 balance transfers + 0.00 cash credit limit $4,200.00 FINANCE CHARGES + 107.72 rash credit available $0.00 new balance = $6,590.73 Transactions trans, post date date Other/Miscellaneous Dec 11 Dec 11 LATE FEE $ 39.00 EXHIBIT Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 30 days VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he/she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the 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 her knowledge, information and belief. 04956938 C A Pit WLG PROOF OF SERVICE BY MAIL MY NAME IS: 4'&40145- Z- dt/u ON THE ` DAY OF AAA-C, )s 20041 DID PERSONALLY PLACE IN THE UNITED STATES MAIL AT: AN ENVELOPE WITH POSTAGE PREPAID ADDRESSED TO PLAINTIFF'S ATTORNEY AS FOLLOWS: (ATTORNEYS ADDRESS): W 5V y/11APJ r W WAMJ -4- \ 4laZ & y 36 S? ,,E.?n, A?r?.v??? a?,8 i??a??,?, PA ?sarq IN THIS ENVELOPE WAS A DOCUMENT ENTITLED: "RESPONSE" EXECUTED THIS _z_ DAY OF .? 200 b . I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF _P_ THAT THE FORGOING IS TRUE AND CORRECT. !V,( ,1.5 "hL TYPE OR PRINT NAME SIGNATURE EXmEi a -SIL Gy JSL Court of the City of 441- s ? County of G uea$G? &Aob . State of --- Case No. O c ' 891 Plaintiff(s), Vs. Defendam is advised to mail copy of this Answer to: Defendant(s), ==o o fl r o? forthe Pl' t? ???'1 lU Response I e SEP tt 1 ^ . b's - tc, am the Defendant in this action. As my answer to the allegation(s) made in the ComPlaint, I offer the following: 1. X General Denial 2. Other .ra. -Owe.. ya? Date (717)%sz-K441 Defendant's Telephoto No. / Sisal o efendant in Pesson 0J. FA, -, -1 Dd'endant's Address ' City, slate, ZiP Code C?5 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs 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 her knowledge, information and belief. Date i Lim Holly C. Q Kristian, Esquire CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Motion for Judgment on the Pleadings was served on the 1?, day of i--lc v Q ? 20?, by first class, U.S. Mail, postage-prepaid, to the Defendant at the address listed below. JOSEPH P. DEVOR 616 N FRONT ST WORMLEYSBURG,PA 17043 Holly C ristian, Esquire ?', o 0 ?j-_ -? C?J `? ??-?.ic? ?? -?' '? J ^'( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, Case No.: 06-821 TYPE OF PLEADING: vs. BRIEF IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS JOSEPH P. DEVOR, FILED ON BEHALF OF: Defendant. Plaintiff COUNSEL OF RECORD OF THIS PARTY: Holly C. Christian, Esquire Pa. I.D. #94496 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR # 04956938 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, V. JOSEPH P. DEVOR, Defendant. Case No.: 06-821 BRIEF IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW COMES Plaintiff, by and through its attorneys, Wellman, Weinberg & Reis Co., L.P.A., and files the following Brief in Support of Motion for Judgment on the Pleadings. FACTS OF CASE This action arises out of defendant's use of a credit card and the resulting debt owed to Plaintiff. On or about February 9, 2006, Plaintiff filed a Complaint against the defendant. On or about March 21, 2006, Defendant filed an Answer generally denying the material averments in Plaintiffs Complaint. Rather, Defendant accepts responsibility for this debt. Defendant's Answer contained no New Matter. LEGAL ARGUMENT Pennsylvania Rules of Civil Procedure 1034 authorizes a party to move for judgment on the pleadings when the pleadings are closed such as in this case. Such a motion is a pretrial mechanism utilized to save the parties due expense of going to trial by allowing the court to examine the legal sufficiency of the case. Gwinn v. Empire State Chair Co., 48 Pa.D.&C.4'h 176 (Lawrence County 2000). Judgment on the pleadings is proper when the case is free from doubt and a trial on the matter is unnecessary. The Court's inquiry is limited to the pleadings and relevant documents, such as exhibits attached to the pleadings. Under Pennsylvania Rule of Civil Procedure 1029(b), a party filing an answer must specifically, or by necessary implication, deny all factual averments in the complaint. If the defendant fails to make a specific denial of a factual averment, then the defendant will be deemed to have admitted that factual averment. A general denial or a demand for proof shall have the effect of an admission. Pa.R.C.P. 1029(b). Plaintiff is entitled to judgment on the pleadings in this case. Here, Defendant has done exactly what Rule 1029(b) expressly proscribes. Rather than specifically denying the factual averments, Defendant has failed to respond or generally denied all the averments in Plaintiffs Complaint thereby failing to provide any information in response to Plaintiff's allegations. As a result, Defendant is deemed to have admitted all the averments in Plaintiff's Complaint. See Exhibit "B". Courts are not hesitant to grant motions for judgment on the pleadings. See, for example, Citizens National Bank v. Leslie, 10 Pa.D.&C.3d 81 (Lawrence County 1978) (granting judgment on the pleadings in favor of plaintiff because defendant's answer and new matter raised no meritorious defense to plaintiff's claim); Gwinn v. Empire State Chair Co., 48 Pa. D.&CA1h 176 (2000) (granting plaintiff's motion for judgment on the pleadings because answer did not affirmatively aver what occurred in place of the facts alleged by plaintiff); Safeguard v. Standard Machine and Equipment Co., 34 Pa. D.&C.41h 1 (1996) (granting motion where defendant failed to make specific denials of factual allegations in the complaint). The case before the Court is akin to the above-cited cases and the same result is warranted herein. Defendant has no defense as to Plaintiff's claim and has admitted all the material facts. Thus, judgment on the pleadings is proper. WHEREFORE, Plaintiff prays that this Honorable Court enter a judgment in its favor for the amount set forth in the attached order. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. B Holly C. Choi tian, Esquire PA I.D.#94496 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR #04956938 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff s Brief in Support of Motion for Judgment on the Pleadings was served on the , day of { Luc lh 20 c , by first class, U.S. Mail, postage-prepaid, to the Defendant at the address listed below. JOSEPH P. DEVOR 616 N FRONT ST WORMLEYSBURG,PA 17043 L7 Holly C. C-hfistian, Esquire . 0 7 (', T a .. .. f.,t ' .G 1:.. PRAECIPE FOR LISTING CASE FOR ARGUMENT (MUst be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument court. CAPTION OF CASE (entire caption must be stated in full) Vs. 3?S e?)k ?vc?r (Plaintiff) (Defendant) No. 27a ? Civil ? oZCX?Ca 1. State matter to be argued (i.e., plaintiff's mc)tion for new trial, defendant's demurrer to complaint, etc. ) : 4 i6,A- Lo-?-cxcr 2. Identify counsel who will argue case: Q omnSeCr) (a) for plaintiff: fiVelliti aii, ,Wel ibrg & Reis Co,, L,PJL Address : 2718 Koppers Bldg. 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 (b) for defendant : S? Address: t (o I? Irv a- cc?r• ,?-3? I 3. I will notify all parties in writing wi two days that this case bas been listed for argument. 4. Argument Court Date: -7 I la'aUU (, Atto for ? rN°? d t Co Q C7 of SHERIFF'S RETURN - REGULAR CASE NO: 2006-00821 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS DEVOR JOSEPH P CPL. RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEVOR JOSEPH P the DEFENDANT at 1212:00 HOURS, on the 24th day of February , 2006 at 616 N FRONT STREET WORMLEYSBURG, PA 17043 by handing to JOSEPH DEVOR 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 14.08 Affidavit .00 Surcharge 10.00 .00 42.08 Sworn and Subscribed to before me this d1AA' day of K,k,u d,Ut9 C A. D. hon y Prot So Answers: R. Thomas Kline 02/27/2006 WELTMAN WEINBER EIS By: Deputy Sheriff DISCOVER BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH P. DEVOR, DEFENDANT 06-821 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS ORDER OF COURT AND NOW, this R- day of July, 2006, IT IS ORDERED that judgment on the pleadings is entered in favor of plaintiff, Discover Bank, against defendant, Joseph P. Devor, in the amount of $6,590.73. Holly C. Christian, Esquire 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 For Plaintiff Joseph P. Devor, Pro se 616 N. Front Street Wormleysburg, PA 17043 1-1 :sal 11 1 ".3 E ( .r 9ei!' CT.!J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff' VS. JOSEPH P. DEVOR Defendant. Case No.: 06-821 Civil Term TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Holly C. Christian, Esquire Pa. I.D. 94496 Weltman, Weinberg & Reis, Co. LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 04956938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JOSEPH P. DEVOR Defendant. TO THE PROT140NOTARY: Case No.: 06-821 Civil Term PRAECIPE FOR JUDGMENT Pursuant to Pa.R.C.P. 237, 1 certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. In light of the Court Order granting Judgment in favor of Plaintiff on July 12, 2006, kindly enter Judgment against the Defendant, Joseph P. Devor, in the amount of $6,590.73 computed as follows: Amount Awarded per Order: $6,590.73 Interest from the date of judgment at the legal rate of 6.0% per annum: TOTAL: $6,590.73 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. f? Holly . Ch tan, squire Pa. I.D. 94496 Weltman, Weinberg & Reis, Co. LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Plaintiffs address is: Weltman, Weinberg & Reis, 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And Defendant's address is: 616 N FRONT ST, WORMLEYSBURG,PA 17043 W WR No. 04956938 DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH P. DEVOR, DEFENDANT 06-821 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS ORDER OF COURT AND NOW, this 12- day of July, 2006, IT IS ORDERED that judgment on the pleadings is entered in favor of plaintiff, Discover Bank, against defendant, Joseph P. Devor, in the amount of $6,590.73. By the Court; Edgar B Holly C. Christian, Esquire 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 For Plaintiff Joseph P. Devor, Pro se 616 N. Front Street Wormleysburg, PA 17043 :sal TRUE COPY FROM RECORD is T08dr oW wIweof. I hen unto set my MW and the t'q of saki at CarW Pr. °a G wk °t`? a 44 a a L7 L=- G c? tom: ? f 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff' Case No.: 06-821 Civil Term VS. JOSEPH P. DEVOR Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified t t the following Order or Judgment was entered against you on ?p (xx) Assumpsit Judgment in the amount of $6,590.73, plus interest at 6.0% per annum, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied 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, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent Prothonotary Joseph P Devor 616 N Front St Wormleysburg,Pa 17043 AONOT By: PROT IIA)? UTY) W WR No. 04956938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOSEPH P DEVOR Defendants No. 06-821 CIVIL TERM 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#04956938 f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-821 CIVIL TERM JOSEPH P DEVOR Defendants 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 MBRODT PA 1. D #4 524 WELTM N, INBERG & REIS CO., L.P.A. 2718 pper Building 436 ven Avenue Pitt ur , PA 15219 (4 ) 4-7955 WWR #04956938 Sworn to and subscribed before me this 30 -day of April, 08 V_ "& 12 ARY PU L 5 EALTH ON - COMM No+??ri?15? Putslir. Heidi J. Kelly, Ncranl Alleghenyy?iw City Ot Pittsb?9h ices Nov. .'_ n E)' MY cornmissw lvania Assoc'+-?f4on o9 ho,a='.?> SY Member, Penn Q S? ? V 7 cc,