HomeMy WebLinkAbout09-1623IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIA CARD SERVICES NA
Plaintiff
vs.
DAVID C OYLER
Defendant
No. CA- 11P013 aivit Terw.
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,
P.A.I.D.# 42524
Weltman,Weinberg & Reis Co.,L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412)434-7955
Fax: 412-338-7130
WWR#7141398
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIA CARD SERVICES NA
Plaintiff
VS.
DAVID C OYLER
Defendant
Civil Action No.
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
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 in 2727 PACES FERRY RD,#1400
ATLANTA, GA 30339-0000 .
2. Defendant is an adult individual residing at 1830 HEISHMAN GDNS APT A
CARLISLE,PA 17013
3. Defendant applied for and received a credit card issued bearing the account number 5977.
4. Contract was assigned to Plaintiff.
5. Defendant made use of said credit card and has currently a balance due and owing to
Plaintiff, as of FEBRUARY 112009, in the amount of $11,625.28. A true and correct copy of Plaintiff's
Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
6. 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.
7. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges at the rate of 0.00% per annum on the unpaid balance.
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, DAVID C
OYLER individually, in the amount of $11,625.28 with continuing finance charges thereon at the rate of
0.00% per annum from FEBRUARY 11 2009 plus costs.
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. W
P.A.I.D.#-42
Weltman,W i erg & Reis Co.,L.P.A.
436 Seven Avenue, Suite 1400
Pittsbur , PA 15219
(412)455
Fax: 41/18-7130
WWR#:7141398
ry, Inc.
:i"red for. DAVID C OYLER
5490 3501 7744 7542
July 2007 Statement
Credit Line: $8,900.00
Cash or Credit Available:
Account intormatior
iummary of Transactions
Billing Cycle and Payment Information
3revious Balance $9,406.90 Days in Billing Cycle 31
07/02107
"ayments and Credits - $135.00 Closing Date
:ash Advances + $0.00
00
$0
Payment Due Date 07/27!07
"urchases and Adjustments + .
00
$0 Current Payment Due $135.00
3eriodic Rate Finance Charges + .
00
$0 Past Due Amount + $945.00
transaction Fee Finance Charges + . Total Minimum
Jew Balance Total
$9271.90
Payment Due a
Bankof America
custorner Service
ForlMf mw&on on YourAccount Visit
www.bankotarnerica.com
me Payments to.,
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
Mail Bilkhq lnquiries to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Call toll-free 1-800-789-6685
Tr v, i _Rnn-346-3178
'ayments and Credits Date Date Number Number Category Amount
'AY BY PHONE PAYMENT - QW30 135.00 CI
CorimWonding Annuaf Balance Subject to
C Periodic Rate Percentage Rate Finance Charge
ategory
;ash Advances
A. Balance Transfers, Checks
0.000000% DLY 0.00% $0
$0
00
B. ATM, Bank 0.000000% DLY 0.00%
0
00% .
$0.00
;. Purchases 0.0000013% DLY
000000% DLY
0 .
0.00% $0.00
). Other
knnual Percentage Rate for this Billing Period: . See Corresponding
Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Annual Percentage
Rate Above
important OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS
03 0092719000108000000135000005490350177447542
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
DAVID C OYLER
1830 HEISHMAN GDNS APT A
CARLISLE PA 17013-4621-735
1:5 240 2 2 2 50II:
E] Check here for a change of ffu*V address or phone numbers}
Please wovide all corrections on the reverse side.
ACCOUNT NUMBER.* 5490 3501 7744 7542
NEWBALANCETOTAL: $9,271.90
PAYMENT DUE DAM: 07/27/07
Eder Aq w-Anw w E6wkw&&
Mail this payment coupon along with a
check ormoney order payable to: BANK OFAMER/CA
L5880L774475It 2119
t
m
m
m
0
N
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE111 Rev. 09/06 j
GRACE PERIOD
"Grace Period' means the period of time during a billing cycle when you will not
accrue Periodic Rate Finance Charges on certain transactions or balances. There is no
Grace Period for Category A or B Cash Advances. If you pay in full this statement's New
Balance Total by its Payment Due Date and if you paid in full this statement's Previous
Balance in this statement's billing cycle, then you will have a Grace Period during the
billing cycle that began the day after this statement's Closing Date on the Category C
or D portions of this statement's New Balance Total.
During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due by its Payment Due Date (and avoid any other "promotion
tum-off event" as defined in your Credit Card Agreement) to maintain the 0%
promotional APR.
* * If a corresponding Annual Percentage Rate in the Finance Charge Schedule on
the front of this statement contains a "* *" symbol, then with respect to those balance
categories: 1) the 0% promotional APR for each of the balance categories will expire as
of the end of the next billing cycle; and 2) you must pay this statement's New Balance
Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Dare of
this statement.
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE
Categories A and B - Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We do this by: (1) calculating a daily balance for each day in this
statement's billing cycle; (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash
Advance with a transaction date prior to this statement's billing cycle but with a posting
date within this statement's billing cycle; (3) adding all the daily balances together; and
(4) dividing the sum of the daily balances by the number of days in this statement's
billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we take
the beginning balance, add an amount equal to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, add new Cash Advances and Transaction
Fees, and subtract applicable payments and credits. If any daily balance is less than zero
we treat it as zero.
To calculate a daily, balance for each day prior to this statement's billing cycle that
had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first
Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We exclude from this calculation all
transactions posted in previous billing cycles.
Categories C and D -Average Daily Balance Method (including new transactions):
We calculate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by: (1) calculating a daily balance for each day in the
billing cycle; (2) adding all the daily balances to ether; and (3) dividing the sum of
the daily balances by the number of days in the billing cycle.
To calculate the daily balattce for each day in this statement's billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by
the previous day's daily balance, add new transactions, new Account Fees, and new
Transaction Fees, and subtract applicable payments and credits. If any daily balance is less
than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full
in this statement's billing cycle, then on the day after that payment in full dare, we exclude
from the beruiing balance new tratisarxions, new Account Fees' and new Transaction Fees
which posted on or beforethat payment in full date, and we do not add new ttansactiotu,
new Account Fees, or new Transarnon Fees which post after that payment in full date.
We include the costs for the Credit Protection plan or for credit insurance
purchased througlt us in calculating the beginning balance for the first day of the billing
cycle after the bi ng cycle in which such costs are billed.
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To
determine the Periodic Rate Finance Charge for each category, we multiply the Balance
Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the
number of days in the billing cycle. To determine the total Periodic Rate Finance Charge
for the billing cycle, we add the Periodic Rate Finance Charges for each category
together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rate by 365.
NOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we determine. In most instances,
we will allocate your payments to balances (including transactions made after this
statement) with lower APRs before balances with higher APRs. This will result in
balances with lower APRs (such as new balances with promotional APR offers) being
paid before any other existing balances.
Payment Due Dates and Keeping Your Account in Good Standing
Your Payment Due Date will not fall on the same day each month. In order to helpp
maintain any promotional races, to avoid the imposition of Default Rates (if applicable),
to avoid late fees, and to avoid overlimit fees, we must receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you must
maintain your account balance below your Credit Limit each day.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
CUSTOMER STATEMENT OF DISPUTED ITEM - Please call toll free 1-866-266-0212 Monday-Thursday 8am-9pm (Eastern Time) and Friday 8am-7pm
(Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
WORDING ON
MAIL YOUR LETTER OR
Your Name:
Transaction Date: Posting Date:
Amount S: Disputed Amount $:
Q 1. The amount of the charge was increased from $ m $ or my sales
slip was added incorrectly. Enclosed is a co" saks Tip-Eii shwZW_Wnw unL
Q 2.1 cu* that the diarF Barad above was not made by me or a person authorized by me to use my card, nor
were the goals or services represented by the transaction received by me or a person aut4torved b1 me
Q 3.1 have not received the merchandise that was to be shipped in me on (MMIDI)NY).
I have asked the merchant to credit my account.
Q 4.1 was issued a credit slip that was not shown on my statement. A copy of mycredit slip is enclosed.
The merchant has up to 30 days to credit your amount.
Q 5. Merchandise that was shipped to me has arrived derma? and/or defiective. I retuned it on
(M.LVYY) and asked the mffctum to credit my account. Attach a letter describing
how the ma cfianTase was damaged and/or defective and a copy of the proof of return.
Q 6. Although 1 did engage in the above transaction, l have camacted the merchant, returned the madnardise
on (MN DIYYY) and requested a credit. I either did not receive this credit or it was
uiasa Ada kmear explaining why you are dispu i this charge with a copy of the proof of
return. If you are unable to return die merchandise, please a*irL
Q 7. I certify that the charge in ques" was a single tra sarxion, but was posted twice to my swernem
I did nix authorize the second transaction. Sale #1 $ Reference #
Sale #2 S Reference #
only one dispute reason.
Account Number:
Reference Number:
Merchant Name:
Q 8. l notified the merchant on (MMlDD/YY) to rand the pre-authorized order
(reservation). Please note cancellation # and i?arailabie, enclose a copy of your contract and a
copy of you telephone bib showing dare and time of cn ixllation. Reason for cancellation / cancellation #
Q 9. Although I did engage in the above «a I have axntacred the nxrclnant for credit The servicrs to be
provided on _/ / (?1MlD?) was nnx received a was unsatisfactory. Attach a letter
describing the services exported your atternpa ro resolve coach the mettfiam and a cropy of your contact.
Q 10. I certify thar I do nix reoogn¢e the transactiota. Meredaarrts often provide tdeplnone numbers next ta their
rune on your billing statemerx Please attempt m corataa the macham for information.
Q l 1. If your dispute is for a different reason polrase concur uas az the above telephone number
Signature (required): Date.
Best contact telephone #: Home#:
Billing rights are only preserved by, written inquiry. To preserve your billing rights, please rerun a
copy of this form and anyy supppompg information regarding the merchant charge in question to.
Attn: Billing Inquiries, P.0.13ox 15026 Wilmington, DE 19850-5026, USA
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
Payments
We credit payments as of. the date received, if the payment is 1) received by 5 p.m.
(Eastern Time), 2) received at the address shown in the bottom left-hand comer of the front
of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accompanyin},? it. Payments received after 5 p.m. on any day
including the Payment Due Date, bur that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn on a financial institution located outside of the United States. Credit for any
other payments may be delayed up to five days. No payment shall operate as an accord and
satisfaction without the prior written approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds transfer (or process it
as a check or paper draft). Funds may be withdrawn from your account as soon as the
same day we receive your payment. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stop the payment on anv amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
If your billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1 _
Address 2 _
City _
State _
Area Code &
Home Phone
Area Code &
Work Phone
Zip
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 s
11 ame)
q2 of ?o„k o le 1%?Wr e- , 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.
(SignatitdLure)
C???t?OP
r +:
WWR#7141398 c? a
• P`?
o-
1164 R4 J
Sheriffs Office of Cumberland County
R Thomas Kline of c„ubcr
Sheri 1'6011 l44A Edward L Schorpp
Solicitor
Ronny Anderson Jody S Smith
Chief Deputy OFFICE of T-Z B tER)FF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/02/2009 08:41 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on April 2, 2009
at 2041 hours, he served a true copy of the within Complaint and Notice, upon the within named defendan f
to wit: David C. Oyler, by making known unto David C. Oyler personally, at 1806 Heishman Gardens,
Carlisle, Cumberland County, Pennsylvania, 17013, its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $32.50 SO ANSWERS,
April 06, 2009 R THOMAS KLINE, SHERIFF
Deputy Sheriff
Docket NO. 2009-1623
FIA Card Services v David C. Oyler
f GE
,
2W APR -8 AN 9:54
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