Loading...
HomeMy WebLinkAbout06-3109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT , PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 0 I. . 3 I 0 9 - I~ vs. COMPLAINT IN C VIL ACTION ASMA M MALIK Defendant FILED ON BEHAL OF Plaintiff COUNSEL OF REC THIS PARTY: James C. Warmb odt,42524 WELTMAN, WEINB G & REIS CO., L.P.A. 436 Seventh Ave ue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05184817 C A Pit WLG , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT , PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. civil Action 0 ASMA M MALIK Defendant COMPLAINT AND NOTICE TO DEF ND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you mu t take action within twenty (20) days after this complaint and notic are served, by entering a written appearance personally or by an attorn y and filing in writing with the court your defenses or objections to t e claims set forth against you. You are warned that if you fail t do so the case may proceed without you and a judgment may be enter d against you by the court without further notice for any money clai ed in the complaint or for any other claim or relief requested by the laintiff. You may lose money or property or other rights important to ou. YOU SHOULD TAKE THIS PAPER TO.. YOUR LAWYER HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IF YOU CANNOT AFFORD TO HIRE A LAWYER, THI TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE 0 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 T ONCE. IF YOU DO NOT EPHONE THE OFFICE SET HELP. OFFICE MAY BE ABLE HAT MAY OFFER LEGAL NO FEE. , COMPLAINT 1. plaintiff, is a corporation with offices at 311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendant is adult individual(s) residing at the address listed below: ASMA M MALIK 820 PENNSYLVANIA AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 60112986137 5439 . A copy of Plaintiff's Statement of Account s attached here 0, marked as Exhibit "An and made a part hereof. 4. Defendant made use of said credit card and c rrently has a balance due and owing to Plaintiff. as of May 19, 2006 , in the amount of $5095.02 . 5. Defendant is in default by failing to make pa ents when due. 6. Plaintiff avers that the Agreement between th parties provides that Defendant will pay Plaintiff's attorneys' fe s. 7. Plaintiff avers that such attorneys' fees wil amount to $500.00 . , 8. Although repeatedly requested to do so by PI intiff, Defendant has willfully failed and/or refused to pay the balan e due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant, ASMA M MALIK ,INDIVIDUALLY, in the amount of $5095.02 with interest at the legal rate of 6.00 % per annum from date of judgment plus attorneys' fees of $500.00 , an costs. This law firm is a debt collector attempting to our client and any information obtained will be rodt, BERG & venue, Suite A 15219 5 7130 Pit WLG CO., L.P.A. 2718 ollect this debt for sed for that purpose. ~A'RD payment due date April 14, 2006 Please 8 check payable to Discover Card. Minimum payment due includes a past due amount of $1,046.0 , . 15 SDSN6A01 0006112 ASMA MALIK 820 PENNSYLVANIA AVE LEMOYNE PA 17043-1530 $ Schedul payments in advance up to your du date' Find out about our flexible and con eniant online payment features. Visit Di covercard.com/payments .S"/S1SI7 PO BOX 1525 11I...11"",,11.1,1,,1,,11 WILMINGTON E 19886-5251 1",111.1"1"1,1"1,,1,,,1.1,.,1,1,1.1,,,.11,1,1,,,,111.1.,I Address or telephone change? Please print change in the space above. or go to Discovercard.com. DDDDDbD11298b13785439D5D95D2DDDDDDDD5D95 2 , U / I,~ " Discover Card Account Summary ._-------------------~ page 1 ot 1 Closing Date: March 1 , 2006 ,account number payment due date minimum payment dUB credit limit credit available cash credit limit !cash credit avaitable 6011 2986 1378 5439 April 14, 2006 $5,095.02 $3.500.00 $-1.595.00 $0.00 $0.00 previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance Cashback Bonus. Opening Cashback Bonus B New Cashback Bonus Earn Cashback Bonus Balan Available to Redeem Cashback BonuSl!ll Anniversary Date: October 15 'J'ransactlons + + + + $5,095.02 0_00 0.00 0.00 0.00 0.00 $5,095.02 EXHIBIT l'EII $ + 0.00 0.00 0.00 0.00 $ $ : While we are permitted under the Card member Agreement to increase the APRs on y Account because your iAccount was over/irnit. we have chosen not to do so at this time. We have terminated, wever, any introductory or 'promotionai rate on purchases and any special balance transter rate, and applied the sf ndard APR tor purchases to lyour outstanding balance of purchases and balance transfers. We reserve the right to i e the APRs on your 'Account if, as of the close of a billing period, your outstanding Account balance exceeds our Account credit limit. See ,the Default Rate Plan secUon of the Card member Agreement for details. Nominal ANNUA Transaction Average Dally ANNUAL Periodic Fee Daily PenOdic PERCENTAGE PERCE :AGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES ,current biliing period: 28 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: 15 days 24.99% F 24.99% i Purchases $0 0,06847% $0 none 'Tl._ --..__ ...._. ...._1..._ .._..~ A___.._' _~_ _,......~ fl~..~ leI _. .h..... ....... "<on, (\1\ Act rlntA<1 AMuO -, ! . . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 P A.c.s. 94904 relating to unsworn falsifications to authorities, that he/she is ft / 19t1~ IJ1tI1df'-" ~ of Discover financial Servic~ L e~., plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set orth in the foregoing Complaint in Civil Action are true and correct to the best of his /her knowledge, info ation and belief. (Signature) WWR# 5184817 ASMA M MALIK 6011298613785439 . 0 r-> = 0 f:: = p 0..... ." r Ii -viet ;:<:: ..... n~(; :,.. ::r: "'J" -<. n1.:!1 ).., ~ ;..::' w --:-;;::n (:'-' -'-'9 '" .,-.1 - <; '~';1 (:~~~ ..;, ~ ",. .,., W ~'::: =.\: r.-:'y ~~~~ V .... y... ,,!,- ~ ~ V\ (:5;"'"'" " ~ \/\ ::--1 Ul -iiJ 0 ~ -r. '< ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff .31dt No. 06~ CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT ASMA M MALIK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLClAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA 15219 (412) 434-7955 WWR#05184817 Judgment Amount $ 5,595.02 THIS LAW FIRM IS A TTEMPTlNG 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, PENNSYLV ANIA CIVIL DIVISION DISCOVER BANK Plaintitl vs. 310l( Civil Action No. 06~IVIL TERM ASMA M MALIK Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ASMA M MALIK above named, in the default of an Answer, in the amount 01'$5.595.02 computed as follows: Amount claimed in Complaint $5.095.02 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 $5,595.02 TOTAL I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237. J on the dates indicated on the Notices. WELTMAN. WEINBERG & REIS CO,. L.P.A. "~~~ WILLIAM T. MO C . ESQUIRE PA 1.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh. P A 15219 (412) 434-7955 WWR#05184817 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA ] 52]9 And that the last known address of the Defendant is: 820 PENNSYLVANIA AVE.. LEMOYNE.PA 17043, '" THE COlT DISCOVER BANK: I OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff 310~ Case # D/,., ~- Cr;vC L ASMA M MALIK Defendant(s) IMPORTANT NOTICE TO: ASMA M MALIK 820 PENNSYLVANIA AVE LEMOYNE,PA 17043 01/or/ot. . Date of Notice: WWR#: 05184817 , YOU ARE 1~.. DEFAULT BEcAuSE y60"RMTE FAILED TO ENTER A WRITTEN APPEARANCE PER~ONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. I UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ANn 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 SERVI<:ES TO EL GIBLE PERSONS At ~;5~!'W~ED FEE OR NO FEE. LAWYER REFER SERVICE CUMBERLAND CO Y BAR ASSOCIATION 32 SOUTH BEDFO STREET CARLISLE, PA 17013 (717) 249-3166 B~\' ,.~ t</~ JAMES BRODT, ESQUIRE PA LD. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718'KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 \ IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION DISCOVER BANK JWl Case no: 06~ CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs. ASMA M MALIK Defendant The undersigned, who tirst 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 III accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. * 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ASMA M MALIK 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, ASMA M MALIK is not in the military service. Further A ffianl sayed! naught. A1(iP~ SWORN TO ~DISUBSCRlBED in my presence this 2 c( day of fA . 2o.b. COMMONWEALTH OF PENNSYLVANIA NcCIIlII SeeI W/1lfI't8 A. Jones, Nolary Public CllyOl~~Cou1ly My ConrnIlIIIcn ElqJiNeJooe 29, 2010 Member. Pen~_ As_ ofNoloilu This law firm is a debt collector attempting to collect this debt for our client and any infonnation obtained will be used for that purpose. Request for Military Status Page I of2 \ Department of Defense Manpower Data Center mL-24-2006 11 :59:41 Military Status Report Pursuant to the Servicemembers Civil Relief Act -< Last Name FirstlMiddle Begin Date I Active Duty Status I Servicel Agency MALIK 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 ofthe individual as to all branches of the Military. ~~~:? . f::::., W ~ .~<:l- ~ Robert J. 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. #167;#167; 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: http://www.d.efenselink.mil{fa.l{pjsIPCQ~SLDR.htmJ WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https :llwww.dmdc.osd.mil/scralowalscra. prc _Select 7/24/2006 Request for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. I Report ID:BCZMAZVZZUK https:/ /www.dmdc.osd.mil/scralowalscra.prc _Select 7/24/2006 t^t- ~ ~ ~ ~ fr ~ ~ ~ 0 \) ~~ ~ ~ frtr ('-, I C," f-j <-,,) _ L.' . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintitl' vs. 1/09 Civil Action No, 06~IVIL TERM ASMA M MALIK Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on~' " :I., ~ Of'(,. (xx) Assumpsit Judgment in the amount of$5,595.02 plus costs. () Trespass Judgment in the amount of$_ plus costs. () Ifnot 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 () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration A ward Prothonotary "'~ PRO ON R Er!'JT.) ASMA M MALIK 820 PENNSYLVANIA AVE LEMOYNE,PA 17043 Plaintiffs address is: c/o 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: 2006-03109 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MALIK ASMA M MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MALIK ASMA M the DEFENDANT , at 1815:00 HOURS, on the 6th day of June , 2006 at 820 PENNSYLVANIA AVENUE LEMOYNE, PA 17043 by handing to FARHED MALIK, MOTHER, ADULT IN CHARGE 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 Subscibed 18.00 14.08 .00 10.00 .00 42.08..1 06/07/2006 t:-- ""'~ WELT:, WEINB~~ day ~eputy Sheriff <(:;~.".;~.# -;;;r- ""i'" '.;.,' 1" """~..~.",,. R. Thomas Kline f /.4' ~'..-~Y,'.;."" f"<~-~ before me this of A.D.