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Home My WebLink About09-2319IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 09 - A3 19 0, i V; I -hem VS. COMPLAINT IN CIVIL ACTION MARYLYNN KOWALSKI 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 07305932 C A Pit JLI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MARYLYNN KOWALSKI 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 b 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: MARYLYNN KOWALSKI 35 HEIDI TER CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0632 . 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 March 23, 2009 , in the amount of $15208.27 . 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 , MARYLYNN KOWALSKI INDIVIDUALLY , in the amount of $15208.27 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. ames 436 S Pitts (412) FAX: 073 WEINBERG & REIS CO., L.P.A. ,e th Avenue, Suite 1400 h, PA 15219 4-7955 2-338-7130 2 C A Pit JLI 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. Il,?ti'? ?? ? K $15,208.27 I $15,208.27 CF`RD 08 SD 3N6A01 0004662 MARYLYNN KOWALSKI 35 HEIDI TER CAMP HILL PA 17011-1141 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. Payment Due Date DUE IMMEDIATELY Enter Amount Enclosed Below Will your payment get to us on time? Pay ,your bill online and your payment can be made to your account on the same day. Visit Discover.com/payme:nts today. PO BOX 6103 III???IL??IL?rLJ?r?Lll CAROL STREAM IL 60197-6103 Irllnllunnlll?l??ln?l?ll?nnll?l??u?ll?ll?unllnl???l 1)00001986458193986029152082700000001520827 Discover More Card Account Summary Closing Date: January 8, 2009 Account number ending in 0632 Payment Due Date February 7, 2009 Minimum Payment Due $15,208.27 Credit Limit $12,400.00 Credit Available $0,00 Cash Credit Limit $0.00 Cash Credit Available $0.00 page 1 of 1 Previous Balance $15,208.27 Payments And Credits 000 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance = $15,208.27 Cashback Bonus® Opening Cashback Bonus Balance New Cashback Bonus Earned $ 0.00 ±-----Q-.00 Cashback Bonus Balance $ 0.00 •t:ashfwck'BanUS?Anniversay - - - - - - - - - - - - - - Available-to-RsdsstrF - - - - ..- - - - - - -. _ .. _ _ _ _ 0.,0A- . Date: September 8 How Can We Hel You? I • Visit Discover.com to pay your bill for no cost, view your p latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) 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 8,4130 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 Cardmember Agreement for ,details. finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE F ES FINC N E Balances Rates RATES RATES current billing period: 8 days Purchases $0 Cash Advances $0 previous billing period: 21 days Purchases $0 0.08216% 29.99% F 29.99% 0.08216% 29.99% F 29.99% 0.08216% 29.99% F 29.99% The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. $0 none $0 $0 $0 none LXHIBIT I a Important Information. If there is more than one page to this billing statement, see the back of each page for additional important info mation. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account r„ Lost or stolen cards. Report immediatey. Call 1400-347-2683. c°n (ZD BNpng Rights Summary. 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 transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt Lane City, UT 84130.0421, as soon as possible. - enmust h noto curve no later than 50 days after we sent you the first bill on which the error or problem appeared. You can telephone us; but °o will doing name and Account your rights. In your letter, give us the following information: *The dollar amount of the suspected error. aDes r`ibe 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 ro 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 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 y the remaining amount due on the goods or services. You have this protection only when the purchase price was, more than S5y0 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 of we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments. 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. If 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 corres ndence or other items with your Paymentt of you send the pa ent to any other addfe3s or if you use an enve ope other than tha oil p7dlridetl Pa r0flit eceiveli on Or rifer t PM AtGi,Udy llfrDUgli ffldayar dfi a to vend or bank holiday will be posted to your Account as of the next business a . If you have misplaced your envelope send your payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7-10 days for delivery. If your payment is returned unpaid we reserve the right to 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. Call 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 By entering those your account statement zip code. numbers as your electronic signature, u 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 processing 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 New Balance on each statement You can cancel a payment, however we must receive notice at least three business days in advance of the scheduled payment You may notify us by phone at 1-800.347-3683 or by mail at address listed in the previous paragraph. If your payments may vary in amount we will tell 1indicated onhthe monthlystatementhbased on credits o payments will D eae led during m it the trilling lte. Your Automatic payment amount may De lass than ly PP g 0 cycle. Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed pa ments, or other defaults on your account may be reflected in your credit report We normally report the status and payment htstory of your Account to credit repor?n agencies each month. If you believe that our report is inaccurate or incomdete please write us at the following address: Discover Card, PO V. 1516, Wilmington, DE 19850-5316. Please include your name, address, home tteelephone number and Account numDer. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you Pa your entire New Balance, by making payments or receiving credits However, If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you pay the 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 apppearin ors the current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic Finance%harges on those new purchases. There is no grace period on balance transfers or cash advances. We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each day-of the billing period for each-transact ion categoryWe rise-the following-equation to-compute-Periodic finance Charno,-frr raeh transaction category. Average Daily Balance x number of days in the billingp period x Dairy Periodic Rate. (You may refer to the finance charge summary on your billing statement or these amounts.) Then we add up thePee,= Finance Charges for each transaction category to get the total Periodic Fthe inab lance roes for yourion ca egoryhe Average Daily Balance is shown as zero if, because of the grace period. no Periodic Finance Charges We use the two-cycle daily 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 New Balance shown on ?e 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 the Average Daily Balance for each transaction categorryy by adding uP all the dairy balances in a billin? period for a transaction cateaorY and dividing9 the total by the number of days in the billing cycle. We compute a dally balance for each transaction category on each day by t0' adding lhe7ollowing to the previous days daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous days daily balance; and b then subtracting any credits and payments that are applied a aMie balance f the tra nsaction caoothat dayIn calculating dai ?l balance for the fiday of thelling peodwe onethedays to habeen yor baance for eacrt transacton category on the laday f ur previousbilling periodIf transactin s ur cunt fter te close of the illing period in which it occurs, we will treat the transction as having urred on the firt dy of theriod nn which it is posted 10 your Account ance Charges whichuare added to the applicable cashnadvancertranuc on?categgnoorrcyy andpry lance Transfer Transaction Fee Finance Ch ra ge owhich added to the applicable balance transfer transaction category. 'When a special balance transfer rate expires, we move the unpaid balance of the ance transfer and the Balance Transfer Transaction Fee Fiance Charges to the standard purchase transaction category. However, ii Ne special has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee ance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications Device for the Deaf) assistance, please call 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 she is Beth Bohac (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. (Signature) WWR# 7305932 Marylynn Kowalski '6011002050050632 C-5 OF THE: !:T? }?a??,?TARY 2009 AF? 14 ACS 9: 5 5 CUPS' <y: ; v 1 TY $,Is. so Pc? ATff 1r` .2a3Go53 Sheriffs Office of Cumberland County R Thomas Kline t" of cltmbrr ? Edward L Schorpp Sheri Solicitor Ronny R Anderson " Jody S Smith Chief Deputy OFFICE aF r?.E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/21/2009 08:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 21, 2009 at 2035 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marylynn Kowalski, by making known unto herself personally, defendant at 35 Heidi Terrace Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing tc her personally the said true and correct copy of the same. SHERIFF COST: $41.50 April 22, 2009 SO ANSWERS, moo< .., R THOMAS KLINE, SHERIFF Deput Sheriff Docket No. 2009-2319 Discover Bank v Marylynn Kowalski FILE --i:J=rlCE OF THE 2009 APR 27 Ail 11: 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MARYLYNN KOWALSKI Defendant No. 09-2319 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#7305932 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-2319 CIVIL TERM MARYLYNN KOWALSKI 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. PAI.D.ffi 1400 Kop 436 Seve Pittsburgl (412) 431 SWORN TO AND SUBSCRIBED Esquire Vnu d ing ue e 15219 COMMONW M NIA YWAaIA Noxvial $4 Public Wayne A. Jones, WON" City of Pittsburgh, Allegheny County My cornmiWon gx roes June 20, 2010 etion of Notaries Member, Pennsylvtan 8 Assoc) before me this _? day ,?,_? ?? ? ,?.. „; t ?? ??? .,,1 2Q?`? ??"? ? ? t't.. '•''? ? ?-