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Home My WebLink About08-2793 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OR- olM Civil le r-% VS. COMPLAINT IN CIVIL ACTION RICHARD T HUNTSBERRY 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06632829 C A Pit SXA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No RICHARD T HUNTSBERRY 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 Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: RICHARD T HUNTSBERRY 619 MARKET ST NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX0458 . 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 April 21, 2008 , in the amount of $7262.00 . 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 $1000.00 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 , RICHARD T HUNTSBERRY INDIVIDUALLY , in the amount of $7262.00 with interest at the legal rate of 6.0009. per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. James C WELT 436 S Pitt u (41 4 0 warmnroat,42524 WEINBERG & REIS CO., L.P.A. e th Avenue, Suite 1400 r h, PA 15219 4-7955 -338-7130 9 C A Pit SXA This law firm is a debt collector at em i.ng to collect this debt for our client and any information obtai e will be used for that purpose. CAR 5/,262.uu 57,262.00 Enter Amount Enclosed Below Payment Due Date ; r' d r March 14, 2008 Please make check payable to Discover Card. Minimum yyment due includes a past due amount of$1,297.00. 15 SDSN6A01 0005036 RICHARD HUNTSBERRY Will your payment get to us on timer Pay 619 MARKET ST your bill online and your payment can be made to your account on the same da . Visit NEW CUMBERLND PA 17070-1945 DFscovercord.corn/paymentstodyay. 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. PO BOX 15251 111 111111111111 WILMINGTON DE 19886-5251 000006011002776740458072620000000000726200 Discover More Card Account Summary Closing Date: February 15, 2008 page 1 of 1 Account number ending in 0458 Previous Balance $7,262.00 Payment Due Date March 14, 2008 Payments And Credits 0.00 Minimum Payment Due $7,262.00 Purchases + 0.00 Credit Limit $5,700.00 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 $7,262.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 C-ashbock Bonu36 Anniversary - - - - - -Available to Redeem $ 0.00- Date: March 15 How Can We Help You? For Account Inquiries, writs to us at. Please have your Discover Card avolable. Discover More Card, PO Box 30943 Salt Lake City, UT 84130 Manage your account online at Discovercard.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 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 the Car mberAAgreement For details. Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction 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: 14 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) 03 noted above Mppertaiet NNornntlem If there is more than one page to this billing statement, see the back of each page for additional important information. See your Cerdrearrber AgreawAnt. Your Cardmember Agreement contains all the terms of your Account rn 0 rr, Lost ar stellar coda. Report immediately! Call 1-800-847-2583. Z Big Blylps In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a o t N00 on ff bN wrKe ors on a separate sheet of paper at discover k&a lm : P.O. Box 15192, DE 1"50-5192. as son. as possible. o We must hear Tram you no later than 60 lays arior we seat your the first bill on which the error our wrong, or You can telepMrne us, but o doing so will not preserve your fights. In your letter, give us We following informew: *Your name and Account number. w *The dollar amount of the srltpeeled 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 You dot not have to pay any amount in question while we are investigating, but you are st91 obligated to pay the parts of your bill that are not in v question. While we inveslipate your queston, we cannot report you as dearquent or take any a0ten to coned the amount you question. Rula ter Crawl PrtrcAMp: If ?hapv?ee a prodem with the qualityrr?oafy goook a servpiaclersththeat you purchased with a credit cpaprd?and serves a? 1 ape?? tapr?wec?tion aiy wh?Uie purcna? p?rkee w?asc?m a U?ian i5o a? tAe puremaae w rerratle? yaurAama o?wlfiio too miles of your mating address. (K we own or ate the merchant or lt we malted you the adverlhurent for the goods a semikors, alt pwchaees are covered regartNess Of the amount a iocatron of purchase.) mots. Send onry your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your ed abatis, you authorize us to use information an your check to make an eMcfronic fund transfer from your account at the financial led on your check or to process the payment as a check tiansaelion. N is processed as an electronic fund transfer, the for the amount of the check. When we use information from your close' k to make eleetronic fund tr her, (undo may be your account as soon as the same day we receive your paymeK and you win not receive your check back from your financial ofv r payment may be delay,^.:l if vmv s°.ad cash. cntrn pondence or othe, items with your ca•r*K-if you send the?za yment to or it01you use an envelope other than the one provided. Payments retekred on or aver 1 PM Mon rh Frx#r or on a oliday will be posted to your Account as of the next businaor day. HVon Have misplaced your your ill to Box 15251, Wilmington, DE 19866.5251. Please Now 7-10 days for delivery If your payment is retu urrpald we the arum p ymenf or a greater amount over the ~One. Can us at 1.860.347-2683. You will need this statement and spur You malt ensure that sufficient funds are mraoe in your bar* acdouri , and all tranactim mud comply with U.S. raw. de the first 5 digits of your account st A mumt zip erode. By witerft tttaee. nimbus as your Nectronic a you win be Um to s nd a Paytyment we Must et twbank elvnotice at ? sy?in adwmax of ft raj dr 0aymai t? may r>mity use by or by mail at address listed In the previous paragraph. cram tp;gdr We ma repot information about your account to credit bureaus Late ts, missed pa nls, or other defaults on your accoun t rtiay crodN rung agencies each bs iefleeted M your erukl report We normally repel the status and '?eront h? your Aa¢ount to month. t you pe?yie that our repot is inaccura6e or please write us at Una toNgv aogr r Discover More Card, PO Box 15316, Wilmington DE 19850.5316. PkNrss inclu fe your name, home telephone number and A rot number. sted gtor your Account You FWAyyooNuuCE CyHARM. Periodic Finance Charges are imposed on all transactions from the date the transaction is U by until the data Balance, by rnlkft Me f if po"g w tie Palid there Df ue ate nce rton you previous wNln tkiex h by yrrqft the P= or D du ?ufrc oat ntpt Fnud ? r+ h& on this on WN statement Otherwise, you we raoaive a titWrg lemeirt next month that i?xlur iiitol irtance l3rarges on toes now purche Thera is no grace period on balance Uarufers or cash advances. We sort your transactions into r??ps of rchases, cash advances, and balance transfers and then further sal the transactions within each group by their Anrlual PaCany??pe Rate. Fa era s to a pr rate and purchases subJect to a slanted rate would per separate groups We refer a Utisegroups as catepor the end of aselh billing iou we compels balances and PufaNc Fkranca Charges for each day of the guild for eadr cattritoty. Mfe oral ore to c Peroec Finance fa ?h transaciion ca .Ave Da r Bear?ce x nurrrbe d da?YS, in the pu?pubd x finance charge su?mm?i ash your ngadomenl fa amounts. Then we add up the Periodic mince fa each la the trAal flier roe favour Account The?verage Daily Balance is shown as zero if, Decauu of the grace periodWrfic Finance Charges appal to nee m a UansacUon category. We use the two-cycle average daily balance (includi_ngp new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means if you did root pay the New Bouance shown on. the biding statement you received dur'e1p the previous p% period by the Payment Due Date shown on that statement, we will impose Periodic Finance Old" on now rchasss that pig appeared on Utat N9sr? statement as weNpranew purchases rot fug appear on the current biNing statement unless we atresio Imposed Periodic Finance gorges on rite purchases on your Balance on your teppoorrYy dfor a transactionysaby Thal doryen=b' da t andchon?cateegory of the " W have tram zero on the it occurs, we will treat the All tees charged to your Account are added to the standard purchase transaction ca with the exception of Cash Advance Transaction Fee which Finance (?rAn which no added to the trla cash advance Uansardkkrh falance, Transfer Transaction Fee Finance Charges are a? in Do ap?gwe belanee nsaclfon ?qxy Wfron Ure slkr we move the unpaid balance tithe balance transfer T nsfer Transactai ere Finance Charges'to -trio standard purctase Iron catoltoy. Nowaver, if the special rote has been and Ne Balance ra- terminated under the Default Rate Pan, 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 TOD (Tellecorwounications Device for the Deal assistance, plaint can 1-800-347-7449. The Discover® Moresm Card is issued by Discover Bank, Member FDIC. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn 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 # 6632829 RICHARD T HUNTSBERRY 6011002776740458 v) 00 na r i!y - _ J 7 = 1 C..1 I' i 7 f^f'i c? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02793 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS HUNTSBERRY RICHARD T 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 HUNTSBERRY RICHARD T but was unable to locate Him in his bailiwick. He therefore returns the ..... ...r w 'r vtm r XT^I"Tr T-1 the within named DEFENDANT 619 MARKET ST NEW CUMBERLAND, PA 17070 DEFENDANT LIVES IN IDAHO. NOT FOUND , as to HUNTSBERRY RICHARD T Sheriff's Costs: So answers: Docketing 18.00 =- Service 18.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Postage .58 51.58 WELTMAN WEINBERG REIS 05/07/2008 S Q/Qg Sworn and Subscribed to before (/?? me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. RICHARD T HUNTSBERRY Defendant No. 08-2793-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, Esquire PA I . D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6632829 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-2793-CIVIL TERM RICHARD T HUNTSBERRY 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: James C. W r brodt, Esquire PA I . D. #4 24 1400 Ko ers B ilding 436 Sev nth A enue Pittsbu h, P 15219 (412) 34-7 5 WW #6 2829 SWORN TO AND SUBSCRIBED before me this I day of , 2008 N ARY P COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer M. Borowski, Notary Public City of Pittsburgh, Allegheny County My Commlaslon Expires Feb. 22, 2012 Member, Pennsylvania Association of Notaries ('") -?? -?,' ? ?»J } _. .. h3 .t - ;, ?? }? C",' .-K