HomeMy WebLinkAbout06-0866
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
No:
o~- y&&
c~
vs.
COMPLAINT IN CIVIL ACTION
CHRIS L YERKES
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
04956914 C A Pit WLG
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
Civil Action No
CHRIS L YERKES
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:
CHRIS L YERKES
328 W SOUTH ST
CARLISLE, PA 17013
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 6011002640235164 . 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
$8946.63 .
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 $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, CHRIS L YERKES ,INDIVIDUALLY
in the amount of
$8946.63 with interest at the legal rate of 6.000% per annum from date
of judgment plus attorneys' fees of $1000.00 , and costs.
This law firm is a debt collector attem
our client and any information obtained
to collect this debt for
be used for that purpose.
~
/'-
$1
payment due date
January 17, 2006
l!Cr- ^'
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18 SDSN6AOl 0001454
CHRIS YERKES
328 W SOUTH ST
CARLISLE PA 17013-2826
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 Discovercard.com.
PO BOX 15251 11I...11"""11I,,1,,,,11I
WILMINGTON DE 19886-5251
Address or telephone change? Please print change in the space above, 1111111,1..1111.1..111111111111111.1111111111111,1111111I.1..1
or go to Discovercard.com.
000006011002640235164089466300000000114100
--
Discover Platinum Card Account Summary
Closing Date: December 18, 2005
page 1 of 1
account number
payment due date
minimum payment due
credit limit
credit available
cash credit limit
cash credit available
6011 002640235164
January 17, 2006
$1,141.00
$7,700.00
$0.00
$3,900.00
$0.00
previous balance
payments and credits
purchases
cash advances
balance transfers
$8,946.63
0.00
0.00
0.00
0.00
0.00
$8,946.63
+
+
+
+
FINANCE CHARGES
new balance
=
EXHIBIT
"A"
Cashback Bonus@
Opening Cashback Bonus Balance
New Cashback Bonus Earned
$
+
0.00
0.00
0.00
0.00
Cash back Bonus Balance
Available to Redeem
$
$
Cashback BonuS@ Anniversary
Date; January 18
Nominal ANNUAL Transaction
Average Daily ANNUAL Periodic Fee
Daily Peflodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RA TES CHARGES CHARGES
current billing period: 30 days
Purchases $0 0.07121% 25.99% V 25.99% $0 none
Cash Advances $0 0.07121% 25.99% V 25.99% $0 $0
The rates that aaDlv to your Accollnt ;:Irp Aithpr Ib/Pr! IF) or they may vary (Vl as noted above.
...
\
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.
/
04956914 C A Pit WLG
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00866 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
YERKES CHRIS L
SHANNON SUNDAY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
YERKES CHRIS L
the
DEFENDANT
at 1235:00 HOURS, on the 17th day of February, 2006
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
CHRIS YERKES
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
Postage
Affidavit
Surcharge
So Answers:
18.00
.39
.00
10.00
.00
28.39
r~~
R. Thomas Kline
02/17/2006
WELTMAN WEINBERG REIS
Sworn and Subscribed to before
By:
(
,,j) CUL/L{"7l ./J~n C ( ()Oooj'
Deputy Sheriff
me this I ~ day of
M~ ~AD
~~-ryl
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT . PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
YS.
I
No. 06-866 CIVIL I
PRAECIPE FOR DEFAU~T JUDGMENT
I
Plaintiff
CHRIS L YERKES
Defendant
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD F
THIS PARTY:
WILLIAM T. MOLCZ N, ESQUIRE
PA I.D.#47437
Weltman, Weinberg & eis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
VVVVR#04956914 ,
Judgment Amount $ 6,446.~3
I
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FO ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOS .
i
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY j PENNSYLVANIA
CIVIL DIVISION I
DISCOVER BANK
Plaintiff
vs.
Civil Action No. 06-866 C VIL
CHRIS L YERKES
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, CHRIS L YERKES ab ve named, in the default of an
Answer, in the amount of $6,446.63 computed as follows:
Amount claimed in Complaint
$8,946 63
Less payments of
-($3,50000)
Interest from date of judgment
at the legal interest rate of 6% per annum
Attorney's fees
$] ,000. 0
$6,446. 3
TOTAL
I hereby certifY that appropriate Notices of Default, as attached have be n mailed in accordance with PA
R.C.P. 237. [ on the dates indicated on the Notices.
WELTMAN, WEINBERG. REIS CO., L.P.A.
By:
WILLIAM T. MOl\CZAN, SQUIRE
PA I.D.#47437
Weltman, Weinberg & R is Co., L.P.A.
2718 Koppers Bldg.
436 Seventh A venue
Pittsburgh, P A 15219
(412) 434-7955
WWR#04956914
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsb rgh, PA ] 52]9
And that the last known address of the Defendant is: 328 W SOUTH ST ., CARLISLE,PA 17013 .
,
I
IN THE COURT OF COMMON PLEAS CUMBERLAND couijTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
casle # Ob - U{, - UI/.fl...
CHRIS L YERKES
Defendant(s)
IMPORTANT NOTICE
TO:
CHRIS L YERKES
328 W SOUTH ST
CARLISLE,PA 17013
D3!t>/Ob
Date of Notice:
WWR#: 04956914
YOU ARE IN DEFAULT BECAUSE YOU HAVE FA'LED \0 ENTER A WR'TTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN!WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS $ET FORTH AGAINST YOU.
1
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF tHIS NOTICE, A
I
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HE~ING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. Y~U SHOULD TAKE THIS
I
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA~ A LAWYER, GO TO OR
TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. ITHIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAwyJR.
I
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS pFFICE MAY BE ABLE TO
,
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT ~Y OFFER LEGAL
I
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR ro FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
B DT, E
42524
WEINBERG REIS CO., L.P.A.
PERS BLDG, 1436 7TH AVE.
GH, PA 152t9
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, ~ENNSYLV ANIA
CIVIL DIVISION I
DISCOVER BANK
Case no: 06-866 CIVIL
Plaintiff
NON-MILITARY AF IDAVIT
vs.
CHRIS L YERKES
Defendant
The undersigned, who first being duly sworn, according to law, deposes an states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within matter
Affiant further states that the within Affidavit is made pursuant t and in accordance with the
Servicemembers' Civil Relief Act (SCRA), 50 V.S.C. App. ~ 52].
Affiant further states that based upon investigation it is the affiant's beli f that the Defendant, CHRIS L
YERKES is not in the military service.
Affiant further states that this belief is supported by the attached certificate om the Defense Manpower Data
Center (DMDC), which states that the Defendant, CHRIS L YERKES is not in the iIitary service.
Further Affiant sayeth naught.
M-
AFFIANT
UBSCRIBED in my presence this
. 2-oob.
.~----_..._.
Notanal Seal \
We Y L Gault, NO\301 Pu~llc
City Of ittsburgh, Allegr,env Co ,,:tj
My Com ISS10n EIDfes ,h.~~DCf..l_ '
- -.---:;;:'16: Cr: ~'1t~"'" "
~,~..";j; p ......~ 0'" _
This law firm is a debt collector attempting to collect this debt for our client and an information obtained will be
used for that purpose.
Request for Military Status
Page 1 of 1
t.
. .
,
Department of Defense Manpower Data Center
a Military Status Report
.. Pursuant to the Service Members' Civil Relief Act
MAR-29-2006 09:09:22
1
< Last Name FirstlMiddle Begin Date IActive Duty Status I Service! Agency
YERKES Based on the information you have furnish ~d, 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 >1anpower Data Center, the
ab?~e is the current status of the individual, per the Information provided, as to all branches of the
MIlItary.
~~U-.~
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 of the De artment of Defense that
maintains the Defense.Enrollment and Eligibility Reporting System (DEE S) database which is the
official source of data on eligibility for military medical care and other elig bility systems.
The Department of Defense strongly supports the enforcement of the Servi e Members Civil Relief Act
[50 USCS Appx. gg 501 et seq] (SCRA) (formerly the Soldiers' and Sailor Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any informa ion indicating that the
individual is currently on active duty" responses, and has experienced a sm II error rate. In the event the
individual referenced above, or any family member, friend, or representativ asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections 0 the SCRA, you are most
strongly encouraged to contact us by phone at (703-696-6762). We will the conduct further research.
Your failure to re-contact DMDC may cause provisions of the SCRA to be voked against you.
This response reflects current active duty status only. For historical informa ion, please contact the
military services SCRA point of contact.
See: http://www.defenselink.millfaq{pislfC09SLDR.html.
WARNING: This certificate was provided based on a name and Social Sec
provided by the requester. Providing an erroneous name or SSN will cause
provided.
ity number (SSN)
erroneous certificate to be
ReporllD:XQDROBLFCL
https://www.dmdc.osd.millscralowalscra.prc_Select
3/29/2006
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
Civil Action No. 06-866 C VIL
CHRIS L YERKES
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: () Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Orde~ Judgment was entered against you
on L!1.~( ~ S I d-DDb
(xx) Assumpsit Judgment in the amount
of $6,446.63 plus costs.
() Trespass Judgment in the amount
of $_ plus costs.
() Ifnot satisfied within sixty (60)
days, your motor vehicle operator's license an or registration
will be suspended by the Department of Trans ortation, Bureau
of Traffic Safety, Harrisburg, PA.
(xx) Entry of Judgment of
() Court Order
() Non-Pros
() Confession
(xx) Default
() Verdict
() Arbitration
Award
By:
PROT
CHRIS L YERKES
328 W SOUTH ST
CARLISLE,PA 17013
Plaintiff's address is:
cia Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'" Ave ue, Pittsburgh, PA 15219
] -888-434-0085
~
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
No. 06-866 CIVIL
vs.
PRAECIPE FOR SATISFACTION OF
JUDGMENT
CHRIS L YERKES
Defendant
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt
P A I. D #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04956914
I
~
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
Civil Action No. 06-866 CIVIL
CHRIS L YERKES
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.
By:
James
PA 1.0
WEL A, WEINBERG & REIS CO., L.P.A.
271 Ko pers Building
43 S enth Avenue
Pi s rgh, PA 15219
(4 ) 434-7955
WWR #04956914
Sworn to and subscribed
before me this 2~
day of August, 06 L
~l
-NO RY PU91IC
COMMONWEALTH OF PENNSYLVANIA
Notarial Sell
Wayne A. Jone8. Notary Public
CIly Of Pl\I8bUtVl, AJer.iterrY Cw1ty
My Convnlsslon Expires June 29,2010
Member. Pennsylvania Association of Notaries
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