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Home My WebLink About09-1492 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS. COMPLAINT IN CIVIL ACTION FRANCES M PRICE 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 07246818 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No FRANCES M PRICE Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend agrainst the claims set forth in the following ages, 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: FRANCES M PRICE 335 WESLEY DR APT 116 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX1089 . 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 February 20, 2009 , in the amount of $16040.95 . 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 $1500.00 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 , FRANCES M PRICE INDIVIDUALLY , in the amount of $16040.95 with interest at the legal rate of 6.000W per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. WEL WEINBERG & REIS CO., L.P.A. 436 Se nth Avenue, Suite 1400 Pitts u gh, PA 15219 (412) 4 4-7955 FAX: 41 -338-7130 072 68 8 C A Pit ABR This law firm is a debt collector atte ing to collect this debt for our client and any information obtained will be used for that purpose. LJI.716114' V CR $16,040.95 CARD 22 SDSN6A01 0003392 FRANCES PRICE 335 WESLEY DR APT 116 MECHANICSBURG PA 17055-3522 $16,040.95 ...a --. i Enter Ampunt Enclosed Below Payment Due Date $ January 21, 2009 f Please make check payable to Discover Card. Minimum payment due includes a post due amount of 52,752.00. f Will your paymeni get to us on times' Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. PO BOX 6103 Ill 11111111 loll CAROL STREAM IL 60197-6103 ??I(u?lnnulll?ln?m?illum??l?u?n???(?n?n??u?u?l 000001986458518048117160409500000001604095 Discover More Card Account Summary Closing Date: December 22, 2008 page 1 of 1 Account number ending in 1089 Previous Balance $16 040 95 ;Payment Due Date January 21, 2009 Payments And Credits , . 0 00 Minimum Payment Due $16,040.95 Purchases . Credit limit $14,100.00 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 + 000 a $16,040.95 Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 - Cashback Bonus®-Anniversory Cashback Bonus Balance $ 0.00 Available.to_Radom .. .. $ 0100 Dote: October 22 How Can We Help You? It's your choice - 3 ways to hel I. Visit Discover-corn to pay your b? for no cost, view your latest Account information, earn and redeem rewards and more 2 Call 1-8MDISCOVER 347 2 p . ( - 683) For fast, easy self service Please have your Discover Card available. ; options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 j INT 1 a? 'Finance Charge Summary Average Dail Daily P i d Nominal ANNUAL PE ANNUAL Periodic Transaction Fee y Balances er o ic Bates RCENTAGE RATES PERCENTAGE RATES FINCHARGES RNANCE 'current billing period: 22 days ;Purchases $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 none previous billing period: 5 days 0.07942% 28.99% F 28.99% $0 $O Purchases $0 0.07942% 28.99% F 28.99% $0 The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above. none . important gNonratlat... there is more than one page to this billing statement, see the back of each page for additional important information Bee your Car itiosi lber AgrenrkM. Your Cardmember Agreement contains all the terms of your Account Lott w stolen Carat. Report immediately! Call 1400-347-2583. ? BiNnis ? You In Case of Errors or Questions About Your Bill: K u think your bill is wrono, or if You need more information about a o We muNtheair Trom you nod later than 60 days after weasent yyoru theSfrst billaron whichxthe error orl problem apUpeared30Yo 2cansteekphone us,+but $ doing so will not preserve your rights. In your letter, give us the following information: w *Your name and Account number. N *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 X about You do 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 question. While we investigate your queslon, we cannot report you'as delinquent or take any action to collect the amount you question. Speclal Rue for CroM Card Prrehotot: K have a problem with the quality of goods or services that you purchased with a credit card, and you have fried in good faith to correct the problem with the merchant, you ma not have to y the remaining amount due on the goods or services. You have this protection only when the purchase price was more than S5I and the purchase was made in your hone state or wi hm 100 mile of your mailing f address, (it oar awn or of prate the merchant erchant, or if we mailed you the advertisement for the goods or services, all purchases are the Paynrentt. Send only your; payment and the top 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. lt payment is processed as an electronic fund transfer, the transfer will check. When ake aaccounthas ?nnas?the same day we receive yourf payment from youuwill noel receeiive your clheckback from yourr'financial nystrwtionhdrawn from your The processing of your oagment may be delayed if you send cash, correspondence or other items with your payment if you. send the payment to anY oilier address or if.+lou ua-e an enve ope other than me one provided: PaYments received on or after 1 Pk, oM:y throo yoFuriday or on a weekend ove or bank holiday will be posted 1 (60197 6103 as Please allllow 716 daytls fyor deliveryavIf your payment sereturnneed unpaid, we?res?erve theDr+ight to Bank, PO Box 6103, Griot Stream, , resubmit it as an electronic debit You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. GII us at 1.800-347.2683. You will need this statement, and Your bank account information. You must ensure that sufficient funds are available in your 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 signaLure, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account and to initiate debit or credit entries to your bank account as applicable to correct an error in the processin of such payment You must tell us the amount of each payment or you can select an amount such as the 'Minimum Payment Due or the Now Bal n eYon each statement You can cancel a payment however we must receive notice at least three gbruasiness days in advance of the scheduled payment may notify by phone at or mail wilt be malisted d hothe w pmuch us r If r it will bephYour Automatic pnts ayment amount mount e lase Othan you on each h monthly statement ment when your pay n indicated on the monthly statement based on credits or payments applied during the billing cycle. Crept Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report We normally p?report the status and pa ent history of your Account to credit reporting agencies each month. n1. If yo b I P!eathat inc of de eport your name adatesor into mte emphonease writi and At ctroufollvMng address Discover Card, PO Box 15316, Wilmington, PERIODIC FINANCE CHARGES. Periodic Finance Charges, are imposed on all transactions from the date the transaction is posted to your Account evus until the date you pa your entire New Balance, by makmp payments or receivingp credits. However, if you paid the New Balance on your pr to billing statement by the Payment Due Date shown on that statement and you paythe New Balance by the Payment Due Date on your current billing statement we will not impose Periodic Finance Charges on new purchases that is, purchases first appearing on the current statement We call this balance transfers wi l r c cash b llingee'tement hext month that includes Periodic Pinanee Charges on those new purchases. There s no grace e permed. Otherwise, rwise you We sort your transactions into groups of purchaseshcash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, pure ases subject to a promotional rate and purchases subject to a standard rate would be separate ggroups. We refer to :here groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges ?u:.'y following equation to compute Periodic Finance Charges fur o3ch ay es for eacoYUanuctioriecatteen wjl finance get the tnfal summary on you?Wling?slatemient ToBineseCeamoun srThenavveiadd up theYe?rodlc Fi anice Chafg Periodic Finance Charges for your. Account The Average Dairy Balance is shown as zero if, because of the grace period, no Per fc Finance Charges apply to the balance in a transaction category. We use the two-cycle dairy average balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means if you did not pay the Now 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 We compute Nq Average Uaily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the tMal by the number of days in the billing cycle. We compute the dairyr balance for each Uansac Con category on each day byTirsl fees charged that day and Periodic Finance Charges accrued adding the o8ovving to the previous day s daily balance: transactions made that day. on the nth day s dai balance; and then subtracting ,any credits and payments that are applied against the balance of the transaction cate?rY ai Nat daij In calculating the dai f balance for the first day of the billing period, we consider the ' previous day's ant after been Your baler ce toy each Uans t'tion category on the last daY of your previous, billing period. If a transaction is post. of the billing rated m Which it occurs, we will tr eat the transaction as having occurred on the first day of the billing period in which it is posted to your Account I All fees charge! to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Char s which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added W p applicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer an,1 the Balance Transfer Transaction Fee finance Charges to the standard purchase transaction category. However, if the special ??e h?< h"n torminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Renee Livengood (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) 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 her knowledge, information and belief. c (Signature) WWR# 7246818 Frances M. Price '6011002496521089 a r!4 nPt -- 90 Sheriffs Office of Cumberland County R Thomas Kline Qal?tit 01 citlub"rl, Edward L Schorpp Sheriff " Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFD F Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/02/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Frances M. Price, 335 Wesley Drive Apt. 116, Mechanicsburg Cumberland County, Pennsylvania, 17055 but was unable to serve her in his bailiwick he therefore returns the within Complaint as not served as to the defendant, Frances Price. Deputy advises it appears that the defendant was home but would not answer the door, service was attempted twelve times. SHERIFF COST: $64.00 April 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket No. 2009-1492 Discover Bank v Frances M. Price RLED-Ci A,C,E OF THE ; 711)7,- oTAf 2009 APR -1 Ph 3; 50 VA,