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Home My WebLink About06-7063r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. APRIL A STONEROAD Defendant A,. L3 No : OL - ! C COMPLAINT IN CIVIL ACTION 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 05570227 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No APRIL A STONEROAD 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 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: APRIL A STONEROAD 4225 ROTH LN APT 103 MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002230558355 . 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 November 29, 2006 , in the amount of $4705.91 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 . r 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 , APRIL A STONEROAD INDIVIDUALLY , in the amount of $4705.91 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $500.00 , and costs. Jame V. Warmbrodt,42524 EL V", WEINBERG & REIS CO., L.P.A. 436 Se enth Avenue, Suite 2718 Pi tsb rgh, PA 15219 (4 2) 34-7955 F 12-338-7130 0 57 227 C A Pit WLG This law firm is a debt collector at e ting to collect this debt for our client and any information obta' d will be used for that purpose. c `, D 'SCO Y ER $41tlvr,705.91 1 0`5`9"' 1' 11.0 fY111IIIII VIII 14x111 V111 VYV $4,705.91 -1 -11 .\VI.1..01 V-. . - - - - - - - - ---- Enter Amount Enclosed Below CARD Payment Due Date 15?; October 14, 2006 Please make check payable to Discover Platinum Card. Minimum payment due includes a past due f amount o $897.00. P(- I 'A- 15 SDSN6A01 0007241 APRIL STONEROAD Save time and a stamp this month by paying 4225 ROTH LN APT 103 your bill online. To find out about our tree MECHANICSBURG PA 17050-7693 and flexible online payment features, visit Discovercard.com/payments PO BOX 15251 111111111 1111 WILMINGTON DE 19886-5251 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. 000006011002230558355047059100000000470591 Discover Platinum Card Account Summary Closing Date: September 15, 2006 page 1 of 1 Account Number Payment Due Date Minimum Payment Due Credit Limit Credit Available Cash Credit Limit Cash Credit Available 6011 0022 3055 8355 October 14, 2006 $4,705.91 $6,500.00 $0.00 $0.00 EX"H60BIT $0.00 Previous Balance $4,705.91 Payments And Credits 0.00 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance $4,705.91 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus® Anniversary Date: March 15 Cashback Bonus Balance Available to Redeem 0.00 0.00 How Can We Help You? For Account Inquiries, write to us at Discover Platinum Card, PO Box 30943 Please have your Discover Card available. Salt Lake City, UT 84130 Manage your account online at Discovemard.com TDD (Telecommunications Device for the Deaf): Customer Service: 1-800-DISCOVER (1-800-347.2683) For assistance, see reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You The address provided in your Cardmember Agreement to request a beneficiary designation form for your Scheduled Air Travel Accident Insurance has changed. The new address is AIG Accident & Health Division, 300 South Riverside Plaza, Suite 2100, Chicago, Illinois 60606-6613. Shop confidently. Your Discover(R) Card has you covered with Complete Fraud Protection for your peace of mind. With our advanced fraud warnings, we'll call you right away if there's unusual activity on your account. And if someone makes fraudulent charges with your card, our $0 fraud liability guarantee means you're not responsible. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES U VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins, (Name) Accounts Manamer of Discover Financial Services, LLC., plaintiff herein, that (Title) (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 his/her knowledge, information and belief. (Signature) WWR # 5570227 APRIL A STONEROAD 6011002230558355 1 r:, Q C°"} f 3°? i+ ? Tf- l -- Ga ?-? rn - c1 r DISCOVER BANK IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. APRIL A. STONEROAD CIVIL ACTION NO: o6-7o63 DEFENDANT ANSWER TO PLAINTIFF'S COMPLAINT i. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 1 of Plaintiffs Complaint and strict proof thereof is demanded at trial. - 2. Admitted in part, denied in part. It is admitted that Defendant is an adult individual. It is denied that Defendant lives at address in Paragraph 2 of Plaintiffs Complaint. 3. Denied. It is specifically denied that Exhibit "A" evidences that Defendant applied for the credit card issued. As exhibit "A" speaks for itself, any attempt to summarize or characterize same is denied. 4. Denied. It is specifically denied that Exhibit "A" evidences that Defendant applied for the credit card issued. As exhibit "A" speaks for itself, any attempt to summarize or characterize same is denied. 5. Denied. The averments set forth are conclusions of law to which no responsive pleading is required. 6. Denied. Plaintiff has not attached the agreement referenced as is required pursuant to Pa R.C.P. 1019(i). Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 6 of Plaintiffs Complaint, and strict proof thereof is demanded at trial. 7. Denied. Plaintiff has not attached the agreement referenced as is required pursuant to Pa R.C.P. ioi9(i). Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 7 of Plaintiffs Complaint, and 'Ir strict proof thereof is demanded at trial. 8. Denied. It is specifically denied that Plaintiff has repeatedly requested payment and strict proof thereof is demanded at trial. WHEREFORE, Defendant April A. Stoneroad demands judgment in her favor, together with all applicable court costs. Respectfully submitted, April A. Stoneroad Pro Se VERIFICATION I, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ?aa? ? Oil Oi ,J CERTIFICATE OF SERVICE I, April A. Stoneroad do hereby certify that I sent a true and correct copy of the foregoing document to all counsel of record by placing a copy of the same in the United States first-class mail, postage prepaid, addressed as follows: James C Warmbrodt, 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 Attorney for Plaintiffs Date: ' a R? By: 7_7L k Qk&m i m d1z Ap I A. Stoneroad ' SHERIFF'S RETURN - REGULAR CASE NO: 2006-07063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK 40-6 VS STONEROAD APRIL A SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STONEROAD APRIL A the DEFENDANT at 1738:00 HOURS, on the 21st day of December-, 2006 , at 105 POPLAR STREET ,.w SUMMERDALE, PA 17093 by handing to TODD BOLZE, BOYFRIEND, 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. Sheriff's Costs: Docketing Service Affidavit Surcharge J-.2 Y-01 L?_ Sworn and Subscibed to before me this day of , 18.00 22.88 .00 10.00 .00 50.88 So Answers: R. Thomas Kline 12/26/2006 WELTMAN WEINBERG REIS By. Deputy She ff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. APRIL A STONEROAD Defendant No. 06-7063 PRAECIPE TO SETTLE, DISCONTINUE AND END FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA I.D #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570227 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-7063 APRIL A STONEROAD Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 3t"_ / mpc& ? Patrick Thomas Woodman, Esquire PA LD #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 271.8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570227 Sworn to and subscribed Before me the Ir Day of Ju e, 2007 _Iwx4v? j L' NOT Y PU IC zaf COMMONWFALtH OF PENNSYLVANIA Notariai Seal Wayne A. forte . ', +f.:?ry Public City OF Pittsburgh. Al ..:, :9ny County My Commission Expif o , Lane 29, .2010 Member, Pennsubini; ^P an of Notaries C:% G