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Home My WebLink About06-1775 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ()~ - !('IS CIU~ L~EJ0'7 vs. COMPLAINT IN CIVIL ACTION JOHN VERRECCHIO 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 05067832 C A pit WLG , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Civil Action No C/..- 1'775 CL'>l L~~ vs. JOHN VERRECCHIO 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: JOHN VERRECCHIO 107 E CLEARVIEW DR CAMP HILL, PA 17011 3, Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002270734791 . 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 March 16, 2006 , in the amount of $5805.85 . 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, JOHN VERRECCHIO ,INDIVIDUALLY, in the amount of $5805.85 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 attempting to collect this debt for our client and any information obtained will be used for that purpose. L.P.A, 2718 CARD $1 payment due date February 21, 2006 Please make check payable to Discover Titanium Card. Minimum payment due includes a past due amount of $1,052.00. "Y ~ ."). - ;;.- l' } f , 50(p 22 SOSN6A01 0006752 JOHN VERRECCHIO 107 E CLEARVIEW DR CAMP HILL PA 17011-4051 Use your card with confidence..Discover Card ranked #1 in Fraud Protection Services among the largest card issuers by Javelin Strategy & Research in its 2005 report. Address or telephone chaflge? Please print change in the space above, or go to Discovercard.com. PO BOX 15251 11I",11"",1.1,,1,1.11,,1 WILMINGTON DE 19886-5251 1",111,1"1"1,1"1,,11,,,1,1,,.1.1.1.1'11I11,1.1,,,,11I.1,,1 DDDDDb011DD227D734791D58D585DDDDDDDD58D585 --..---- Closing Date: January 22, 2006 page 1 of 1 Discover Titanium Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 00227073 4791 February 21, 2006 $5,805,85 $4,500,00 $-1,305.00 $0.00 $0.00 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance $5,805.85 0.00 + 0.00 + 0.00 + 0.00 + 0.00 = $5,805.85 E}{rUBIT ltAlI Transactions While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminatedl however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date, See the Default Rate Plan section of the Cardmember Agreement for details, Through the generosity of our Cardmembers, Oiscover(R) Card has donated more than $14 million to the Make-A-Wish Foundation. You can make a child's dream come true by electing to donate your Cashback Bonus(R) to the Make.A.Wish Foundation. To learn how, please visit Oiscovercard.com or visit www.wish.org. Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES -- current billing period: 31 days Purchases $0 0.06847% 24.99% F 24.99% $0 none Cash Advances $0 0.06847% 24.99% F 24.99% '$0 $0 previous billing period: 22 days Purchases $0 0.06847% 24.99% F 24.99% $0 none ....L ~ __,_ _ .L _. _ - - -- -"-.. ~.._..- . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 P A.C.S, ~49()4 relating to unsworn falsifications to authorities, that he/she is ~b!?A/L -Ad KI ~') 11 1z, (Name) [LDLl (\.6 tv ~r of Discover Financial Services LLC , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his /her knowledge, infOlmation and belief. 7i:.,;~1-tb/2L~ WWR # 5067832 JOHN VERRECCHIO 6011002270734791 ~ --- "'" \\ o -.r:: (J o .tt 9-J 'i::: ----... -~ :s ()-- "60.. o ~ \) (1cJ r- n {,- J- C', (,~ '.':;:-~ ',=-- ::-"~ p" -..J -'r-, N L) f'",:, ((~ (,' , ~. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 01 VISION DISCOVER BANK Plaintiff No.06-1775 CIVIL TERM VS. PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT JOHN VERRECCHIO Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA!.D. #42524 WELTMAN, WEINBERG & REIS CO, L.P.i\. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05067832 " ~' , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-1775 CIVIL TERM JOHN VERRECCHIO Dehmdant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant. John Verrecchio. above-named, in the amount of$6,805.85 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: I. Defendant admits indebtedness to Plaintifl'in the amount of $5,805,85 with continuing interest thereon at a rate of 6.000% per annum from date of judgment, plus attorneys' fees in the amount of $1 ,000.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, John Verrecchio, in the amount of$5,805.85 plus continuing interest thereon at the rate of 6.000% per annum from date of judgment, plus attorneys' fees in the amount of$I,OOO.OO and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $290.00 due by May 15,2006; (b) no less than $290.00 per month due on the 15'" day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. , \' 4. All payments are to be made payable to the order of "Discover Bank" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA \52\9. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity. to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound. the parties set their hands and seals this J.[day OCI!1.t-, 20 010 WELTMAN, WEINBERG & REIS CO., L.P.A. /\ ---J ! i WWR#05067832 By: Defe dant. John Verrecchio .... t~ \-J .....("q.. ?t ~ (') reg ~ c:: = ~ ~ "'" "'OL'iC :::It ~-n rTHi\ :P' ~ Z'-~;: --< rlle - ".~". 1. -om ~ ~ tfl :. ="9 ~ -J ~. ....J () ~ 00:10 -0 :1-~~ --l:l F ~:~:: ...,,- (:)6 - ~ ~ )0 2:rn tf? 9 :;2: ~ lU / :r: ~ Cl "... , ~ 0 ~ k 0 ...-- \ t , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-1775 CIVIL TERM JOHN VERRECCHIO Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendanl ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on fil~,( f ~ ). oob (xx) Assumpsit Judgment in the amount of $6,805.85 plus costs. () Trespass Judgment in the amount of $ plus costs. () Ifnol satistied 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) EJ1try oU udgment of () Court Order () Non-Pros () Confession () Default () Verdicl () Arbitration ( ) Award (XX) By Consent Prothonotary JOHN VERRECCHIO 107 E CLEARVIEW DR CAMP HILL,PA 17011 ~ By: llo PROTHONO~Y DEP Y) SHERIFF'S RETURN - REGULAR CASE NO: 2006-01775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS VERRECCHIO JOHN MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VERRECCHIO JOHN the DEFENDANT , at 0905:00 HOURS, on the 5th day of April , 2006 at 107 E CLEARVIEW DRIVE CAMP HILL, PA 17011 by handing to JUDITH LUDWIG, WIFE 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: Sworn and Subscribed to 18.00 10.56 .00 10.00 .00 38.5&\~ 04/06/2006 vf WELmAN WE'w~ before By: Deputy Sheriff .r~~ R. Thomas Kline ' me this /9'3: day of ~. ')...P1J{, Prothonotary A.D. .\. _J~ ... I.:"~I I'" Ii\! i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ~tl DISCOVER BANK Plaintiff No. 06-1775 Civil Term , :Ii! vs. PRAECIPE FOR WRIT OF EXECUTION (BANK A TT ACHMENT ONLY) : ';"'~l JOHN VERRECCHIO ~ 10'1 €. Cl~fb.J UIQ..J ~iJ MLCra 17011 Defendant I !~ Garnishee, ~. COMMUNITY BANKS, FILED ON BEHALF OF Plaintiff 1 COUNSEL OF RECORD OF THIS PARTY: \ Iii! William T, Molczan, Esquire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 \11 WWR#05067832 ~. il'" " t I I' ~l I~ j ,II, I'i 'I' . .. "I i ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION III DISCOVER BANK Plaintiff ~":il' 'I 'I vs. Civil Action No. 06-1775 Civil Term JOHN VERRECCHIO :~, Defendant COMMUNITY BANKS, I' Iii I Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: ~l' Kindly issue a Writ of Execution in th~ above matter... 1. directed to the Sheriff of Cumberland County: ' ili!l 2, against John Verrecchio, Defendant SUBTOT AL: $ $ $ $ $ $ t \,Osrf> 'I.':i~" 6,805.85 .; ~ 3. against Community Banks, Garnishee ~ 4. Judgment Amount Less payments of 200.00 !! Interest 106.98 !~, Costs 103.06 6,815.89 Costs (to be added by Prothonotary): WELTMAN, WEINBERG & REIS CO., L.P.A. i i'l I, ~ Ii By: M' ~ William T. olcza Es PA I.D. #47437 WELTMAN, WElN RG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#05067832 ~Ij ~lli'l ~, f t ~ \ ~ ~ ~~ l~ ~ t- tJ ~ ~~ . -..... ~ 0 () (). rfr ""'- ~ '-> RJ ~ (fl w - V'J ~ .~ 0 r-..:> . =..> C1 D fI1 C . . ~~ C,::.:3 ~ ~ <5'" -n " () C ~ I"" :;:1 _-M [111":" , I , I iT'l, I ~ C) Cr\ , ~ (...."... :::-." " ... - . . .. ... ... ... C") .. - f""";"l - .. ~~~ ( ,.. ,.' . - - \..;:) ... - - - :.;J . ---t:- I' i Co. LP.A. Ii I II . '. 1"1 ' . · '. # !'. . WELTMAN, WEINBERG & REIS ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh. Pennsylvania 15219 II (412) 434-7955 FAX(412) 434-7959 CLEVELAND. COLUMBUS. CINCINNATI. PITTSBURGH. DETROIT I !" August22,2006 RE: DISCOVER vs..VERRECCHIO I!!'II~' COURT #: 06-1775 CIVIL TERM II.... J, t ' II TO THE SHERIFF OF CUMBERLAND COUNTY: :1., PLEASE SERVE THE GARNISHEE(S) AT THE FOLLOWING ADDRESS(ES): COMMeRCE BAI1K C~~;-L, g~h 1415 Ritner Highway "I Carlisle, Pennsylvania 17013 It I I jiJ '., ! PLEASE CONFIEM SERVICE BY SENDING NOTICE TO: WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 !!Hhfm' 'I: i b I II. !~. j 'W '" I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1775 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JOHN VERRECCHIO, 107 E. CLEARVIEW DR., CAMP IDLL, P A 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMUNITY BANKS, 1415 RITNER IDGHW A Y, CARLISLE, P A 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,605.85 Interest $106.98 Atty's Comm % Atty Paid $121.06 Plaintiff Paid Date: SEPTEMBER 6, 2006 L.L. $.50 Due Prothy $1.00 Other Costs $103.06 {J (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, P A 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court In No. 47437 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01775 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS VERRECCHIO JOHN And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0003:00 Hours, on the 19th day of September, 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT VERRECCHIO JOHN in the hands, possession, or control of the within named Garnishee COMMUNITY BANKS 1415 RITNER HIGHWAY CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CHASTITY BUCHER (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge So a~~. .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 "'1 .00 v qj'){'/06 !r- 09/21/2006 Sworn and Subscribed to before me this day of B~~ Deput S eri f A.D II- , . ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-1775 CIVIL vs. PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE COMMUNITY BANKS ONLY JOHN VERRECCHIO Defendant COMMUNITY BANKS Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA LD #42524 WEL TMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 05067832 ., .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-1775 CIVIL JOHN VERRECCHIO Defendant COMMUNITY BANKS Garnishee PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE. COMMUNITY BANKS. ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, Community Banks, only, upon the records of the Court and mark the cost paid. WEL TMAN, WEINBERG & REIS CO., L.P.A. ~------ Sworn to and subscrted Before me the (It. \ ay of October, 2006 3S~(),;" EX~.i'~e':' ~~~-~..,,-_...,~_.-. nns'.!\vama .l.\ssocia~.\;-.~ ;:ld~' WWR No. 05067832 ~ r-:J c::;,;) f r = (;;""'lo F 0 (<.') -i <><:l "-""i I,,)J ...J:. .('" ~ c;;... 4.- (f'\. -0 \' ... ~: w a {" w t' Ci .r- .-