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HomeMy WebLinkAbout06-1560 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, PlaintitJ No. O~ -1S'~o C{~ltT8L~ vs. COMPLAINT IN CIVIL ACTION TERESA A. GERST, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warm brodt, Esquire PA!.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PAl 5219 (412) 434-7955 WWR#04916567 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. CL~ Civil Action No. J &.. IS (.0 ---- (v.- TERESA A. GERST, Defendant COMPLAINT IN CIVIL ACTION 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 tiling in writing with the court your defenses or objections (0 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER 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 Drivc, llilliard, OH 43026. 2. Defendant is an adult individual residing at the addrcss listed below: TERESA A. GERST 140 ELM ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintitf bearing the account number 6011002200288868. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of March 10,2006 in the amount of $7,239.18, A true and corrcct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. PlaintitJ avers that the Agreement between the parties provides that Defendant will pay Plaintitrs attorneys' fees. 7. Plaintitf avers that such attorneys' fees will amount to $1,000.00. 8. Although repeatedly requested to do so by Plaintin: Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintitf. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Teresa A. Gerst, individually, in the amount of $7,239.18 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $1 ,000.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & RElS, CO., L.P.A. DISCOVER' CARD $0.00 30 SDSN6A01 0007093 TERESA GERST 140 ELM ST CARLISLE PA 17013-1920 Address or telephone change? Please print change in the space above, or go to Discovercard.com. I, $';:3~u3'.Ooa""u", uuu I ~_._._---_._.._--~ payment due date December 29, 2005 enter amount enclosed below $1 ~ To order Cash Access Checks, select your P .LN., or to find cash locations call 1-800-DISCOVER (1 .800.347-2683) or visit Discovercard.com. PO BOX 15251 11I",11..",11.11",1",11 WILMINGTON DE 19886-5251 1..,111,1..1.,1.1..1,.11...1.1...1.1,1.1...,11,1.1.."111.1..1 000006011002200288868000000000000000134300 Discover Platinum Card Account Summary account number payment due date minimum payment due creditlimil credit available cash credit limit cash credit available 6011 0022 0028 8868 December 29. 2005 $ 1 .343.00 $5,500.00 $0.00 $2,800.00 $0.00 Closing Date: November 30, 2005 pege 1 of 1 previous balance payments and credits purchases cash advances balance transfers $7.239.18 7,239.18 0.00 0.00 0.00 0.00 $0.00 + + + + FINANCE CHARGES new balance Cashback Bonus@ Opening Cashback Bonus Balance $ 0.00 New Cash back Bonus Earned + 0.00 Cash back Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashback Bonus@) Anniversary Date: May 19 Transactions trans. post date date Payments and Credits Nov 30 Nov 30 INTERNAL CHARGE.OFF $ -7,239.18 EXH'BIT i Average Daily Balances Daily Periodic Rates current bifJing period: 11 days Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE RATES RATES Periodic FINANCE CHARGES Transaction Fee FINANCE CHARGES VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa, c.s. 34904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge. information and belief. -kl .,> 0 0 '-~, G \.) <:;,..~J. -n Ui.. ',.. c;.-.... :1.." J:J "l :;<; U\ "'( :,:;.. rn~ l :;':0 "<; 'I ' if( -.i );~1:1, -- ~ C> -:> ~;~Z~ ~ ~ -r- :;( (:J' r\ ~ '-:? .. Ii"" -, -.t::: (', 'D ...c::: -f:::' :..:: -. ~ 1=: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06.1560 CIVIL TERM YS. PRAECIPE FOR DEFAULT JUDGMENT TERESA A GERST Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLClAN, ESQUIRE P A 1.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 271:8 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04916567 Judgment Amount $ 8239.18 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -Tl"-.... \ . I) 7f} , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-1560 CIVIL TERM TERESA A GERST Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY, Kindly enter Judgment against the Defendant, TERESA A GERST above named, in the default of an Answer, in the amount of $8239, 18 computed as follows: Amount claimed in Complaint $7239.18 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1000.00 $8239.18 TOTAL I hereby certifY that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C,P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. BY:c>'M,' WILLIAM T. MOLCZA 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#04916567 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 27] 8 Koppers Building, 436 7"' Avenue, Pittsburgh, PA ]52] 9 And that the last known address of the Defendant is: 140 ELM ST, CARLlSLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case # Q(J -(t:;~(J GudTeol.1( TERESA A GERST Defendant(s) IMPORTANT NOTICE TO: TERESA A GERST 140 ELM ST CARLISLE,PA 17013 Date of Notice: WWR#: 04916567 l{-l~-O(Q 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 ..............----, ",-," WARMBRODT, D. #42524 , WEINBERG & REIS CO., L.P.A. KOPPERS BLDG, 436 7TH AVE. TSBURGH, PA 15219 " IN THE COMMON PLEAS COURT OF CUMBE~AND COUNTY, PENNSYLVANIA CNIL DIVISION' .., DISCOVER BANK Case no: 06-1560 CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs. TERESA A GERST Defendant The undersigned, who first being duly sworn, according to law, deposes and 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 to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 US.C. App. ~ 521. Affiant further states that based upon investigation #iis!the affiant's belief that the Defendant, TERESA A GERST 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, TERESA A GERST is not in the military service. Further Affiant sayeth naught. !/L/J. AFFIANT ED in my presence this ?~ay ~---"'.'-- 'c.-.------\ \ Notaro:l082.\, I "M,~ rl 'L C?"J.l:li, \"\lOt;:lry Pubhc .1/.:nd1 . - _ '"' _ I {"'CtlRty , C' -""""'h~\"lro" M\llfJ.\l8fl\ 'j." \ \ ~/(.,~(H-,;:(::' :i';,~-~-,~': -;, ~,;-"'("~ '~':~:C~~~-~~~_., 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. ft1t,.j-, Request for Military Status Page 1 of2 . . ~" Department of Defense Manpower Data Center .A Military Status Report ,. Pursuant to the Servicemembers Civil Relief Act """'..,"" APR-27-200607:28:56 -< Last Name First/Middle Begin Date I Active Duty Status I Servicel Agency GERST TERESA A 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, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~"-'::::>''-Z . f::;W'J \~u-~ RobertJ. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the 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 Servicemembers Civil Relief Act [50 USCS Appx. ~~ 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 strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. ' If you obtain further information about the person (e.g., an SSN, improved accuracy ofDOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: hUJ2;LLwww.def~!lselink.millf!!QLpisll.CQ_2SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowalscra.prc _Select 4/27/2006 Request for Military Status Page 2 of2 " '''I by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BMSVJMBZZTP https://www.dmdc.osd.mil/scralowalscra.prc_Select 4/27/2006 . .' t ::v 0 ~ g ~ ~ ~ ....c ';,;? ~ 7' \\ ~ 0 -oi~ ::s: i1'J,Y\ ~ 0- Zl' -.1't'~' I ~ ~ iT> x:; \.D ~ ;;.:,.' -.. 1;2 c~ ~...., ~ ~ . "" ~ ~C 06 ~ ~u 5,ft\ ~ C '!? :::;;J \" ~ ~ N ~ )...l N ~ ~ ~ - fA; ~ C- j - . ~ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No, 06-1560 CIVIL TERM TERESA A GERST Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Orde~ Judgment ':I'as, entered against you on /.!1.2d q d-OOCo ( . (xx) Assumpsit Judgment in the amount of$8239.18 plus costs. () Trespass Judgment in the amount of$_ 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, P A. (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award Prb-lhonotary ~ By' PROT NOT A D PUTY) TERESA A GERST 140 ELM ST CARLlSLE,PA 17013 Plaintiff's address is: clo Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7\h Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-01560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS GERST TERESA A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GERST TERESA A the DEFENDANT , at 2043:00 HOURS, on the 21st day of March , 2006 at 140 ELM STREET CARLISLE, PA 17013 by handing to TERESA A GERST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 .00 10.00 .00 32.40 .r~<<:~ R. Thomas Kline 03/22/2006 WELTMAN WEINBERG REIS Y\It.A.r ;l.(r1)(,. A.D. By, ~#( /D uty eriff Sworn and Subscribed to before /,,,"1:: me this "I day of Prothonotary \ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-1560 CIVIL TERM ~ vs. PRAECIPE FOR SA TISF ACTION OF JUDGMENT TERESA A GERST afk/a TERESA GERST Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire Pa. J.D. No. 42524 Wehman, Weinberg & Reis, Co, LLC 2718 Koppers Building 436 ih Avenue Pittsburgh, PA 15219 WWR No. 04916567 . .. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-1560 CIVIL TERM TERESA A GERST aJk/a TERESA GERST 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. I COMMONIi'{.EALTH O~..E:Er\JNSYLVAN'A NOk,3, na! ,81::al , . 1 J, Keily. Notary!'C' "i' ,bl:r~irf '\;Iegh'I1," I _'~:~!':""~Xpj2:~_, \ ;')n~~'y'!vania Associa!:e; il~5 WWR No. 04916567 (") ~-;= ,...." = (:-~:;. Cj-' C) C) -; --;~f N crt .r::'.