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HomeMy WebLinkAbout06-5190 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: D~ - S'/tfb c;,-,~L~~ vs. COMPLAINT IN CIVIL ACTION MARY G WILLMS 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 05371619 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK plaintiff vs. Civil Action No MARY G WILLMS 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 REDOCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 J COMPLAINT 1. Plaintiff, is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual{s) residing at the address listed below: MARY G WILLMS 4180 ROTH FARM VILLAGE CI MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002120345939 . 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 August 22, 2006 , in the amount of $2739.35 . 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 $500.00 . 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, MARY G WILLMS ,INDIVIDUALLY, in the amount of $2739.35 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. L.P.A. 2718 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. payment due dBte July 10, 2006 $1 JJ3'l /& II P/fJase make check payable to Discovef Gold Csrr/. Minimum payment due includes a past du8 amount of $220.00. 11 SDSNSAOl 0005309 MARV WILLMS 3805 BELLOWS DR CAMP HILL PA 17011-1402 o~(.c, Schedule ~yments in advance up to your due date! To find out about our flexible and convenient online payment features, visit Dlscovercard.com/payments Addf9SS, e-man or teI6phone change? Print change in space shove, Of go to Discovercard.com. Print yoUf e-mail addfeSS to receive important Account information and special offers. PO BOX 15251 11I",11",,,,11,,,11I..1,1 WILMINGTON DE 19886-5251 1",111,1"1"1,1"1"1',,,1,1,,,1,1.'.'.,,,11,1,1.,,,11I,1,,' 000006011002120345939027393500000000029400 - Discover Gold Cerd Account Summary Closing Data: June 11, 2006 page 1 of 1 account number payment due date minimum payment due ctedn limit credit available cash credit limit cash credit available previou$ balance payments and credits purchases cash advances balance trans!ers FINANCE CHARGES new balance $2,641.43 0.00 + 39.00 + 0.00 + 0.00 + 58.92 = $2,739.35 601 1 0021 2034 5939 July 10, 2006 $294.00 $2,800.00 $60.00 $1.400.00 $60.00 You may be able to avoid Periodic Financs Charges, see the reverse side for details. EXHIBIT ,< A" Cashback Bonus. Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Available to Redeem $ 0.00 Cashback Bonus/lll Anniversary Date: January 11 Transactions trans. post date data Olhe,'MlscellaneouB Jun 11 Jun 11 LATE FEE $ 39.00 hUh. A TTENT/ON ............. A TrENT/ON ............... A TrENT/ON ........... A TTENT/ON ............. A TrENT/ON ........... Your account Is senouslJ'past due.. Payment of the amount due and arrangements for future payments should be mads Immediately. Nominal ANNUAL Transaction Average Daily ANNUAL Periodic FB8 Daily Periodic PERCENTAGE PERCENTAGE FINANCE RNANCE Balances RaJes RATES RATES CHARGES CHARGES 'current billing period: 3t days Purchases $2669.83 0.07121% 25.99% V 25.99% $58.92 nons Cash Advances $0 0.07121% 25.99% V 25.99% $0 $0 : The rates that apply to your Account are eilher fixed (F) or they may vary (V) as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 1 g P A.C.S. S4904 relating to unsworn falsifications to authorities, that he is Accounts 11anager (Title) Robert Adkins. (Name) of Discover Financial Services. LLC., plaintiff herein, that (Company) he 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 hislher knowledge, information and belief. ~/~ ( ignature) WWR # 5371619 11ARY G WILL11S 6011002120345939 1> ...... ~ ~ ~ ~ ~ ~ ~ ~ -<: 12 ~ "<l. .~ ~ 0 "" G) c = ~ LC" :,:-.; C7' (/) ~ n-l '" rn.::n r- I -;? fT' 0-, :~;d (~~{~.1 -0 C'::;,. ~'," r~;; c'~5 .. 25rn ~ C> ::0 -.l .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-5190-ClVIL- TERM VS. PRAECIPE FOR DEFAULT JUDGMENT MARY G WILLMS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD,#47437 Weltman, Weinberg & Reis Co" L.P .A, 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#05371619 Judgment Amount $ 3239.35 THIS LAW FIRM IS ATTEMPTING 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, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-5190-CIVIL-TERM MARY G WILLMS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MARY G WILLMS above named, in the default of an Answer, in the amount of $3239.35 computed as follows: Amount claimed in Complaint $2739.35 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500,00 $3239.35 TOTAL I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with P A R.C.P, 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: t,!., WILLIAM T. MOLCZAN, E PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A, 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#05371619 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7ili Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 4180 ROTH FARM VILLAGE CI MECHANICSBURG,P A 17050 , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case #a:--DRD{~lUl(--t~{vY\ MARY G WILLMS Defendant(s) IMPORTANT NOTICE TO: MARY G WILLMS 4180 ROTH FARM VILLAGE CI MECHANICSBURG,PA 17050 Date of Notice: WWR#: 05371619 \ 0 lll~06 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 BRODT, ESQUIRE PA #42524 WE T ,WEINBERG & REIS CO., L.P.A. 2i1 KOPPERS BLDG, 436 7TH AVE. PI SBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 06-5190-CIVIL-TERM Plaintiff NON-MILITARY AFFIDAVIT vs. MARY G WILLMS Defendant The undersigned, who first being duly sworn, according to law, deposes and states as foHows: 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, S 521, Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MARY G WILLMS 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, MARY G WILLMS is not in the military service, AFF0JP~ SWORN TO AND SUBSCRIBED in my presence this~y . EU:ft; rOM~~~~~~~~~VANIA L Crv rt" I\&I"IV "i',jut,~ry'UbIiC -, _ ...J,'I' t, (' I ~'\' ::t1n,r ',' '-:)!.::1!\J '~j;}::;~~ ";,,_~,_..,.."" ,,' L~~..~:E~'~,~.~j 2JCg Further Affiant sayeth naught. 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. Request for Military Status Page 1 of2 , Department of Defense Manpower Data Center . Military Status Report Pursuant to the Servicemembers Civil Relief Act OCT-31-200608:17:29 -< Last Name First/Middle Begin Date I Active Duty Status I Service! Agency WILLMS 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, ~~. ~-~ Mary M, Snavely-Dixon, 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: h1tJ2;L/www.defenselink.mil/faq/pisIPC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:llwww.dmdc.osd.mil/scralowalscra.prc_Select 1 0/31/2006 Request for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided, Report ID: VRMSLPPWQC ~ https:/ /www.dmdc.osd.mil/scralowalscra.prc _Select 10/31/2006 ~1 ~ r tt\ ~ ~ t:'"" ~ -- ~ - ~ ('J ?l .(Q. --0 . g ~-J \' r ~J (') C -:? > --'\J\)'" mn> ~7;j (0 ~ ~~ 'y ~ ~~ = ';: %?J ?,_:' '- - -o~ ~...,\.J , IF i ~ ';~}i ~..~ 9, r;? '""7 N ~ N , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-5l90-ClVIL-TERM MARY G WILLMS Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fo Howing Order or Judgment was entered against you on ,A)oo 3 ~b I (xx) Assumpsit Judgment in the amount of$3239.35 plus costs. () Trespass Judgment in the amount of$_ 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 Award ::ili~ PRO ONO~ARY, TY) MARY G WILLMS 4180 ROTH FARM VILLAGE CI MECHANICSBURG,PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS WILLMS MARY G 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 WILLMS MARY G the DEFENDANT , at 1908:00 HOURS, on the 19th day of September, 2006 at 4180 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050 by handing to STEVE DARDICK, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge So Answers: Sworn and 18.00 12.32 .00 10.00 .00 40.32/ /0/0'40'-' 4- Subscibed to .r~~ R. Thomas Kline day 09/20/2006 WELT:::;~S ~C:( {. ep ty ~riff ~ before me this of A.D.