Loading...
HomeMy WebLinkAbout08-2686IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. No. Qe - ;2&9,(p &;t?^'` COMPLAINT IN CIVIL ACTION STEPHEN MICHAEL ZWIERZYNA 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#06558254 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. STEPHEN MICHAEL ZWIERZYNA 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 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 CUMBERLAND COUNTY 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 43054-0000. 2. Defendant is an adult individual residing at 104 KIM ACRES DR MECHANICSBURG,PA 17055. 3. Defendant applied for and received a credit card issued by Plaintiff's bearing the account number 6011002576230460. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of APRIL 14, 2008, in the amount of $ 2,465.74. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 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 $300.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, STEPHEN MICHAEL ZWIERZYNA individually, in the amount of $2465.74 with interest at the legal interest rate of 6% per annum from date of judgment plus $300.00 in attorneys' fees THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAMES C A BR PA I.D. #4 524 WELTM N, W INB 2718 Ko pers uildin 436 Sev nth venue Pittsb gh, A 15219 (412) 3 955 Esquire & REIS CO., L.P.A. WVCR#:06558254 V1.7L. ,,VER $2,387.24 CARD w , 15 SDSN6A01 0007371 STEPHEN ZWIERZYNA 104 KIM ACRES DR MECHANICSBURG PA 17055-5533 $2,387.24 Enter Amount Enclosed Below io.;r Payment Please make Due Date February 14, 2008 check payable to Discover Card. Minimum payment due includes a past due amount of $508.00. Know what's on your statement-before you even get it. Keep track online with daily updates and up to 12 months of history. Visit Discovercard.com/register Address, e-mail or telephone change? Print change ins ce above, or go to Discovercard.com. Print your e-mail adto receive important Account information and special offers. PO BOX 15251 1119111111111lill11111111111 WILMINGTON DE 19886-5251 III IIIIIlrrIlllIII119111111111111loll IIIIIIIIIIIIIIIIII'II1111 000006011002576230460023872400000000238724 Discover More Card Account Summary Closing Date: January 15, 2008 page 1 of 1 Account number ending in 0460 Previous Balance $2,387.24 Payment Due Date February 14, 2008 Payments And Credits 0.00 Minimum Payment Due $2,387.24 Purchases + 0.00 Credit Limit $1,500.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance a $2,387.24 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Cashback, Bonus® Anniversary - Available to Redeem_ 0.00_ 0. Date: March 15 How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card availabb. Discover More Card, PO Box 30943 Soft Lake City, UT 84130 Manage your account online at Discovemard.com TDD (Telecommunications Device for the Deaq: 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 While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR For purchases to your outstanding balance of ,purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of ?? A? ?!''7 r" lOr Agreement For details. A Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Transaction Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 15 days Purchases $0 0.07942% 28.99% F 28.99% $0 none Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 previous billing period: 11 days Purchases $0 0.07942% 28.99% F 28.99% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important information. If there is more than one page to this billing statement, see the back of each page for additional important information. - - - - - ----------------------- See your Cordmoodsor Agreement. Your Cardmember Agreement contains all the terms of your Account u, 0 rn Lost or stolen cards. Report Immediately! Call 1-800-347-2883. Z BOO Rights Sum"Is y In Case of Errors or Ouestions About Your Bill: If you think your bill is wrong, or if you need more information about a o transaction on your bit( write us on a separate sheet of paper at Discover MoresM ; P.O. Box 15192; Wilmington DE 19850-5192, as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but 8 doing so will not preserve your rights. In your letter, give us the following information: V .Your name and Account number. W .The dollar amount of the suspected error. .Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about o not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in J question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $5g and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments. Payments. Send only Your payment and the to portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. It payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your gUmennt, if you send the payment to any other address or if you, use an envelope other than the one rovided Payments received on or after 1 1P'MM -Monday through- Friday or on a weekend or bank holiday will be posted to your Account as of thepnext busmess day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 15251 Wilmington, DE 19886.5251. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an elec4onro debit You can pay your minimum payment or a greater amount over the telephone. Call us at 1-800-347.2663. You will need this statement and your bank account inormation. You must ensure that sufficient funds are available in yyoour bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be uesled by u, from your bank a reein9 to this authorization to allow us and your bank to deduct each payment you authorize, in the amount to aocount In order to cancel a payment we must receive notice at least three days in advance of the scheduled ?aymenl Yo may notify us by phone at 1-BOO.347.2663 or by mail at address listed in the previous paragraph. Crodit We may report information about your account to credit bureaus. Late payments, missed paymen% or other defaults on your account Zi y be reflected in your credit report We normally report the status and payment history of your Account to credit re ng agencies each month. l you believe that our report is inaccurate or incomplete, please write us at the following address: Discover More$ Ca d, PO Box 15316, Wilmington DE 19850.5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account yments or receiving credits. However, we will provide the following "grace period." If thu til Ea e date you pay your entire New Balance by making Far d thence on yrour previous billing statemenby the Payment Due Date shown on that statement, and you pay lire New Balance by nt on this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appppeeaaeinp on this tent Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on those new purchases.There is no grace period on balance transfers or cash advances. We sort your transactions into roups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. or example purchases subject to a on tional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as Uansachon ca in At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction ca ry. We use the following eriWUon to compute Periodic Finance Charges for each transaction category. Average Daily Balance x number of days in the billing period x Daily Per' Rate. (See the finance charge summary on your statement for these amounts. Then we add up the Periodic Finance Charges for each transaction category to et the total Periodic Finance Charges for your Account. The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category We use the two-cycle average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by the Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement. 'P'i utthe Avera a Dairy lance for eactransaction categoy adding up all the daily dnthtotal ?y the umber of din the MW ycleompute the daily Dalalilin thprs day a airy balancetrsaetiorts that day, tees ctlarionday s dall1yy balance; and "M en subtracting any credits and payments that are apphed against the bahince of the transaction category day. In ealeulafing tee dairy balance for the previous DOlinp paMrcl, we consider the " evious day s,dairy balance" to nave been zero on the of the billing period. ll a transaction is posfed to your Account after the close oT the billing perod m which it occurs, we will treat the ion as having occurred on the first day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added toihe applicable balance transfer transaction category. When the special rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges-to the standard purchase transaction category However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications Device for the Dean assistance, please cal 1-800-347-7449. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is Robert Adkins (Name) Accounts Manager of DFS Services, LLC , plaintiff herein, that (Title) (Company) he/she 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 # 6558254 STEPHEN MICHA ZWIERZYNA 6011002576230460 (?,??A) \I; O CN V .? t ?d , SHERIFF'S RETURN - REGULAR CASE NO: 20108-02686 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS ZWIERZYNA STEPHEN MICHAEL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland ounty,Pennsylvania, who being duly sworn according to law, says, the w thin COMPLAINT & NOTICE was served upon 7WTRP7VT\TA q RPNFN MTC -TART the DEFENDANT at 104 KIM at 0019:20 HOURS, on the 1st day of May 2008 S DRIVE MECHANICSBURG, PA 17055 JOHN ZWI by handing to FATHER OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's C Docketing Service Affidavit Surcharge Postage its: 18.00 11.00 .00 10.00 J .41 /bQ 39.41 Sworn and Su scibed to before me th s day of So Answers: R. Thomas Kline 05/05/2008 WELTMAN WEINBERG & REIS By. 4"A Deputy S iff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEPHEN MICHAEL ZWIERZYNA Defendant No. 08-2686-CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6558254 Judgment Amount $ 2,687.24 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. STEPHEN MICHAEL ZWIERZYNA Defendant TO THE PROTHONOTARY: Civil Action No. 08-2686-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, STEPHEN MICHAEL ZWIERZYNA above named, in the default of an Answer, in the amount of $2,687.24 computed as follows: Amount claimed in Complaint $2,387.24 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $300.00 TOTAL $2,687.24 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: - William T. Molczan squire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6558254 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1400 Koppers Building, 436 7`11 Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 104 KIM ACRES DR, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-2686-CIVIL STEPHEN MICHAEL ZWIERZYNA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ment was entered against you on p ©T (xx) Assumpsit Judgment in the amount of $2,687.24 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not 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 Prothonotary ByAHONO4Tt$R PR DEPU ) STEPHEN MICHAEL ZWIERZYNA. 104 KIM ACRES DR MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 1-888-434-0085 406 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff STEPHEN MICHA ZWIERZYNA Defendant(s) IMPORTANT NOTICE TO: STEPHEN MICHA ZWIERZYNA 104 KIM ACRES DR MECHANICSBURG,PA 17055 Date of Notice: (3q ? t S WWR#: 06558254 Case # 08 --d6 - C M L 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: --?ex"A ? I hvw1? i W(xwv"-0 PATRICK THOMAS WOODMAN PA I.D. ##34507 WELTMAN, WEINBERG & REIS CO., L_P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. STEPHEN MICHAEL ZWIERZYNA Defendant Case no: 08-2686-CIVIL NON-MILITARY AFFIDAVIT The undersigned, who first 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. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, STEPHEN MICHAEL ZWIERZYNA 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, STEPHEN MICHAEL ZWIERZYNA is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this day of ?. N ARY PU C V1avne k .J_ 3? so-'sc Gi y t sbur ?? a !v Member, `r nr,;,;r : or r c.. ies 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 Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 SEP-29-2008 10:43:13 Last Name First/Middle Begin Date Active Duty Status Service/Agency ZWIERZYNA STEPHEN 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. ohk? 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. §§ 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 of DOB, 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: h_ttp://www.defenselink mil/fact/Y)is/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: UOUQFYCJPF https://www.dmdc.osd,mil/scra/owa/scra.prc Select 9/29/2008 w .ee 'A cs C' G r? sue. _ ?;?cra F r ..+.w.. .. i i t 4 n .{