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Home My WebLink About06-71694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: ~ ,_ ^I~` ~l ~ ~ u~ ~~ '~ vs. COMPLAINT IN CIVIL ACTION STEVEN G FITTING CINDY R FITTING Defendants 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 05570154 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No STEVEN G FITTING CINDY R FITTING Defendants 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. Defendants are adult individual(s) residing at the address listed below: STEVEN G FITTING 4385 CARLISLE RD GARDNERS, PA 17324 CINDY R FITTING 4385 CARLISLE RD GARDNERS, PA 17324 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number 6011002019526045 A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendants 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 $2160.96 . 5. Defendants are in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendants will pay Plaintiff's attorneys' fees. a 7. Plaintiff avers that such attorneys' fees will amount to $300.00 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendants STEVEN G FITTING AND CINDY R FITTING ,JOINTLY AND SEVERALLY in the amount of $2160.96 with interest at the legal rate of 6.000 per annum from date of judgment plus attorneys' fees of $300.00 and costs. James C. rmbrodt,42524 WELT W INBERG & REIS CO., L.P.A. 436 event Avenue, Suite 2718 Pit sburg PA 15219 (41 ) 434 7955 F 412 38-7130 05 7015 C A Pit WLG This law firm is a debt collector att mpt'ng to collect this debt for our client and any information obtain d ill be used for that purpose. ®ISC"~VER sz,lbo.96 ° C F'. R D 15 SDSN8A01 0007168 STEVEN FITTING CINDY FITTING 4385 CARLISLE RD GARDNERS PA 17324-9039 $2,160.96 _~ Enter Amount Enclosed Below ~v • • -- Payment Due Date $ ~" ~~,~ ~° Cktober ~.~i, 2006 please make check payable to Discover Card. Minimumpayyment due includes a past due amount ofp$432.00. c~, l~ Save time and a stamp this month by paying your bill online. To find out about our free and flexible online payment features, visit Dlscovercard.com/payments Address, e-mail or telephone change3 Print change in space above, or go to Discovercard.com. Print your a-mail address to receive important Account information and special offers. PO BOX 15251 ~~~n~~~nnn~~i~r~n~„~~ WILMINGTON DE 19886-5251 ~ni~~~~~n~u~i~u~n~~ni~i~ni~~~i~~~un~~~~~~nii~~~~~u) 000006011002019526045021609600000000216096 Discover Card Account Summary !Account Number ;Poyment Due Date Minimum Payment Due Credit Limit Credit Available 'Cash Credit Limit Cash Credit Available 'CC1S 6011 0020 1952 6045 October 14, 2006 $2,160.96 $2,300.00 $139.00 $0.00 '~~XHIBIT Closing Date: September 15, 2006 page 1 of 1 Previous Balance 160 $2 96 Payments And Credits , . Purchases 0.00 Cash Advances + 0'00 Balance Transfers + 0.00 Finance Charges + 0'00 New Balance + 0 00 $2,160.96 Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0,00 Cashback Bonus Anniversary Cashback Bonus Balance $ 0.00 Available ro Redeem $ 0.00 Date: March 15 HOW Can We Help YOU? For Account Inquiries, write to ua at•. ;Please have your Discover Card available. Discover Card, PO Box 30943 Manage your account online at Discowrcard.com Salt Lake City, UT 84130 Customer Service: 1.800-DISCOVER (1-800-347-2683 TDD (Telecommunications Device for the Deaf): 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 Ai Travel Accident Insurance has chanced. 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 kaud liability guarantee means you're not responsible. Finance Charge Summary Average Dail Nominal Dail ANNUAL Y Periodic PERCENTAGE Transaction Periodic Fee PERCENTAGE ~~ Rates_ RATE RATES S FINANCE FINANCE _ -~- --_ HARGES CNeor_cc w 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 Accounts Manager of Discover Financial ServicesaLLC., 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 # 5570154 STEVEN G FITTING 6011002019526045 •~l o , (/~ r_y C~ r- /V _ ` ~ r~' ` <: t~'a T ~~~ -n i°t /_ ~ CJ ,~ ' + Vim/ ..~. ~ r:. - i } "C 0 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEVEN G FITTING CINDY R FITTING Defendant No. 06-7169 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I . D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05570154 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-7169 CIVIL TERM STEVEN G FITTING CINDY R FITTING Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: V Attorney for 1 i iff 2718 Koppe s Bui ing 436 Sevent Ave ue Pittsburgh, A 1 219 (412) 434 955 WWR#0 701 4 SWORN TO AND SUBSCRIBED before me this -~' ' day of ~ ~~ , 2007 w NO RY PUB CpMpppNWEALTH QF PENNSYLVANIA Notarial SCI Wayne A. Jonas, Notary Public Giy OF PitSsbtxgh, AffeghenY C~-ty My Commission Expires June 29, 2010 Member, Pennsylvania Assoclatlon of Notaries ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-07169 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS FITTING STEVEN G ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ~YmmTnTr+ CT'L'~7T:T~T r_ the DEFENDANT at 1427:00 HOURS, on the 2nd day of January 2007 at 4385 CARLISLE ROAD GARDNERS, PA 73224 by handing to p .. STEVEN G FITTING 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 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 ~ .~~ . au s~~~[n ~t Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/03/2007 WELTMAN WEINBERG REIS By ~ ~/~!~ ~.~-~ Deputy Sheriff A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07169 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS ~-* FITTING_STEVEN G ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FITTING CINDY R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT FITTING CINDY R 4385 CARLISLE ROAD GARDNERS, PA 17324 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NOT FOUND as to FORWARDING ORDER EXPIRED. Sheriff's Costs: So answers: / Jr~ Docketing 6.00 __ - _= '~"-> Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 ~)a~~o7 /, 1.00 WELTMAN WEINBERG REIS l1 `~^^ 01/03/2007 Sworn and Subscribed to before me this day of , A.D.