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HomeMy WebLinkAbout06-3821 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No, 0(, -- ..2/>:2. ( ~1(JLL'-r~ vs. COMPLAINT IN CIVIL ACTION NEIL A PRAGER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO" L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04975389 ii~'V';' :r-: "'^""':'"q' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. civil Action No, NEIL A PRAGER 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 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 wi thout 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, HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT THE OFFICE SET IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, MAY BE ABLE TO LEGAL SERVICES LAWYER REFERRAL SERVICE CUMBERLAND COIJ:Nl1Y'8AR ASSOCIATION 32 SOUTHBEDPORD STREET CARLISLE, PA 17013 (717) 249-31665 .. ~~ <if' COMPLAINT 1. Plaintiff is a corporation with offices in 3311 MEADOW DR, HILLIARD, OH 43026. 2. Defendant is residing at 418 BOXWOOD CT, MECHANICSBURG, PA 17050. 3. Defendant applied for's.rld"toteceived a credit card issued by I:, ~ ' Plaintiff bearing the account number 6011002070212782. A copy of Plaintiff's Statement of Accounts is attached hereto, marked as Exhibi t "AU and made a part hereof; 1..', '. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 28, 2006, in the 'amount of $10,392.34 . 5. Defendant is in default by failing to make payments when due. 'l' 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 $1500.00. 8 . Although repeatedlYJ;:~qpe.S.ted 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, NEIL A. PRAGER, INDIVIDUALLY, in the amount of $10,392.34 with interest at the legal rate of 6,0 % per annum from date of judgment plus attorneys' fees of $1500,00, and costs. s C, Warmbrodt, 42524 MAN, WEINBERG & REIS CO., L.P.A Seventh Avenue, Suite 2718 sburgh, PA 15219 ( ;2) 434-7955 AX: 412-338-7130 WWR# 04975389 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. ; , / ,....,.....................0 January 30, 2006 $1 I 4 C1 '1 "5' .~ "i. ct 30SDSN6AOl ~902 NEIL PRAGER 6745 TERRACE WAY HARRISBURG PA 17111-7031 To order Cash Access Checks, select your P.I,N., or to find cash locations call 1.80Q-DISCOVER (1.800.347-2683) or visit Discovercard.com. PO BOX 15251 11I11,1111I1111,1111I111I11 WILMINGTON DE 19886-5251 1",111,1111"1.1"1"11,"1.1,,,1,1,1,1,,,,11,1,1,",111,1,,1 Address or telephone change? Please print change In the space above. or go to Dlscovercard.com, 000006011002070212782000000000000000191400 Discover Platinum Card Account Summary ----------- ----------- ----------- ---IIIIiiiiii6---~ , :account number Payment due date :m;nimum payment due 'credit limit credit available ,cash credit limn cash credit available 6011 0020 7021 2782 January 30, 2006 $1,914,00 $8,500.00 $0.00 $4,400.00 $0.00 ClosIng Date: December 30, 2005 page 1 ot 1 pravious balance payments and credits purchases cash advancas balance transfers FINANCE CHARGES new balance $10,392.34 10,392.34 + 0.00 + 0,00 + 0,00 + 0.00 = $0,00 EXHIBIT ((;4 II - - - - . - - - . - - - - -. . . - - -. -. - - - - . . . .. - - - - -. . . - - - - . . - .. "~. - Opening Cashback Bonus Balance New Cashback Bonus Earned Cashback Bonus Balance Available to Redeem $ + 0,00 0.00 0.00 0.00 Cashback Bonus. $ $ Cashbaok BonuS18 Anniversary Date: September 24 Transactions Payments and Credits trans, post date date Dee 31 Dee 31 INTERNAL CHARGE.OFF $-10,392.34 E)(H\B\T .-----~ Nominal Transaction Averaga Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES Current billing period: 7 days :Purchases $0 0.06710% 24.49% V 24.49% $0 none :Cash Advances $0 0,04929% /7,99% F /7.99% $0 $0 'Th. rat.. that apply to your Account are elther fixed (F) Of lhey may vary (V) as noted above. VERIFICA nON 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 Plaintiffs Verification cannot be obtained within the allowed for filing ofthis pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. ~ () -lQ. \ U/ Vl ....... ~ CY 0) -4 (') ~, r--"'--' ~ W ~:::: C~'.! r:-,' .{) ~ ~ c.~. :,,',J ,-'..: iil ~ r'o'" -- I " 0'; ....{) -:~ $ -' 1',) (.,;, '.-. ..'- :< ~l I' II I \, II IN TH E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER SANK Plaintiff No. 06-3821 CIVIL TERM vs. PRAECIPE FOR DEF AUL T JUDGMENT NEIL A PRAGER Defendant FILED ON BEHALF OF Plaintiff Iii COUNSEL OF RECORD OF THIS PARTY, WILLiAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Wcinberg & Reis Co., L.P,A. 2718 Koppers Bldg, 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 I' WWR#04975389 Judgment Amount $ 11,892.34 Iii THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I'..." r ! II , 'III 'i.I.'i .' III !,I", .1 11 '."'1 , ! !II ,I ~ I 1 I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK II Plaintiff vs. Civil Action No. 06-3821 CIVIL TERM NEIL A PRAGER I Defendant PRAECIPE FOR DEFAULT JUDGMENT 'II~" TO THE PROTHONOfARY: Kindly enter Judgment against the Defendant, NEIL A PRAGER above named, in the default of an Answer, . jl'l in the amount of $1 ] .892.34 computed as follows: ~ Amount claimed in Complaint $10,392.34 ~ Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $] ,500.00 $] ],892.34 Iii TOTAL I hereby certifY that appropriate Notices of Defau]t, as attached have been mailed in accordance witb P A R.C.p. 237.1 on the dates indicated on the Notices, lill WELTMAN, WEINBERG & REIS CO., L.pA ~ BY:__~ '1'1;'1 WILLIAM T. MOLCZAN, PA I.D.#47437 Weltman, Weinberg & Reis Co" L.P,A. 2718 Koppers Bldg, 436 Seventh A venue Pittshurgh, P A 15219 (412) 434-7955 !~' , ;, I WWR#04975389 111 Plaintiffs address is: c/o Weltman. Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 418 BOXWOOD CT" MECHANICSBURG,PA 17050. i II !'1.'I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK plaintiff Case # 06 - '3!f2/ (;~L re7eJV> NEIL A PRAGER Defendant(s) IMPORTANT NOTICE TO: NEIL A PRAGER 418 BOXWOOD CT MECHANICSBURG,PA 17050 01'107/01. Date of Notice: WWR#: 04975389 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 BY: / JAM,ES WARMBRODT, PAil. . #42524 WELT. ,WEINBERG & REIS CO., L,P.A. 21 KOPPERS BLDG, 436 7TH AVE. P TSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION III DISCOVER BANK Case no: 06-3821 CIVIL TERM Plaintiff NON-MILlT ARY AFFIDAVIT vs. NEIL A PRAGER Defendant The undersigned, who l1rst 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 U.S,C. App. ~ 521. Amant further states that based upon investigation it is the affiant's belief that the Defendant, NEIL A PRAGER 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, NEIL A PRAGER is not in ~he military service. 11'11 ','I ~ I Further Af11ant sayeth naught. SWORN TO ,AND SUBSCRIBED in my presence this K day of fI.." . 100 b . 6' COMMONWEALTH OF PENNSYLVANIA NolaIlalSeal . Wayne A. Jones, NoIary Public NOT Y PUBLI CltyOlI'ltlBbllltl,~ColIIly My CcmnIsaIon Expir8I June 29, 2010 Mom""'. Pennsylvania As_n 01 Nlll1IlIH ~I This law l1rm is a debt collector attempting to collect this debt for our client and any infonnation obtained will be used for that purpose. II t II !III," .1 'Ii: I'll!." ~I til 'llli" III Request for Military Status , . Page I of2 I~ II: Department of De tense Manpower Data Center AUG-21-200605:52:06 Military Status Report Pursuant to the Servicemembers Civil Relief Act I, <: Last Name FirstlMiddle Begin Date I Active Duty Status I Servicel Agency PAGER 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, ~}1r. ~-~ \~ Ik Mary M, Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington. VA 22209-2593 II' The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defensc Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems, II' 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,1fyou 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, I. Ii If you obtain further information about the person ( e,g" an SSN, improved accuracy of DaB, 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 SeRA points-of-contact. See: http~jlv. w\v~c1efcl1~~JiJ]k.miJ/fag/l2is!PC09.SLDKhtrn.J WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:/ /www.dmdc.osd.mil/scra! owa!scra, prc _Select 8/21/2006 ~equest for Military Status Page 2 of2 \ by the requester, Pi'oviding an erroneous name or SSN will cause an erroneous certificate to be provided, Report JD,'BFlfYWFTLCUF I _I I, ;11 1\ Ii '." III ,I Ii ,lit I https://www.dmdc.osd.mil/scra/owalscra. pre _Select 8/21/2006 II' (; (:) ~ 0 ~ (') 1t:::J c:.- "" 1"1 -;:~- cr- ...\ \\:- i :-.c "" ::r>n ~ (:-,;. rnp 8- G"") -Cl r;-, (~, .' ,( .,) - ~ 0 \_;~_:~ <;~~i ~ - ~ ~ """ (~l1:)\ )J ~ .)i;f. (~> <.;"? St t ~ .'0 0 JO CIl -- ..J ',"" ~ - ~ ... t ~ -- , ' , 1111 ~ Ii ~I L ,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Civil Action No. 06-3821 CIVIL TERM vs. NEIL A PRAGER 11 'I I ;i Defendant NOTICE OF JUDGMENT OR ORDER I~I TO: () Plaintilf (xx) Defendant ( ) Garnishee You are hereby notilied that the following OrdeHr Judgment was entered against you on-l3L~1-~ 0, ~OOlD (xx) Assumpsit Judgment in the am@unt of $ I 1,892.34 plus costs. II',. Ij () Trespass Judgment in the amount 01'$_ plus costs. () If not satislied within sixty (60) days. your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau ofTraftic Safety, Harrisburg, PA. , , I II" 'I (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award ,1'11 Prothonotary "~~ PRO'" ONOT, PUTY) ~ NEIL A PRAGER 418 BOXWOODCT MECHANICSBURG,PA 17050 Plaintiff's address is: c/o Weltman. Weinberg & Reis Co.. L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 1-888-434-0085 I I, I i"",1 ~, 11 'PI1'" '~, III 1:." l 'il 15219 I .1.J SHERIFF'S RETURN - REGULAR CASE NO: 2006-03821 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PRAGER NEIL A 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 PRAGER NEIL A the DEFENDANT / at 1005:00 HOURS/ on the lOth day of July / 2006 at 418 BOXWOOD COURT MECHANICSBURG/ PA 17050 by handing to NEIL A PRAGER 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 Service Affidavit Surcharge /1 ~ 18.00 10.56 .00 10.00 .00 38.56 /"'07/10/2006 /7 '1/J..4 Joe. WELTMAN WEINBERG REIS /~/ BY'~~ Deputy S eriff So ;;~~~ R. Thomas Kline Sworn and Subscibed to " before me this day of A.D.