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HomeMy WebLinkAbout09-2445r 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintif f No : QF? _ d?{?? ?iV?t (M vs. COMPLAINT IN CIVIL ACTION LOUIS COSTA 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 07303903 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No LOUIS COSTA 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: LOUIS COSTA 32 W GREEN ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0591 . 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 18, 2009 , in the amount of $2869.14 . 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 $500.00 . 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 , LOUIS COSTA INDIVIDUALLY , in the amount of $2869.14 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys, fees of $500.00 , and costs. James L Warmoroau,4L564 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Se th Avenue, Suite 1400 Pitts gh, PA 15219 (412) 4 4-7955 FAX: 4 2-338-7130 073 03 C A Pit ABR This law firm is a debt collector atte ting to collect this debt for our client and any information obtained will be used for that purpose. U1Z) Y P: X $2,869.14 .ARD 22 f Oc Nt AD1 0005332 LOUIS :(ISTA 32 W G U EN ST MECHAN[(SBURG PA 17055-6252 $2,869.14 Enter Amount Enclosed Below Payment Due Date $1 7 3t z} February 21, 2009 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $611.00. Addr)ss, e-mail Dr telephone change? Print change in space 36ov), or go to 3i:,cover.com. Print your e-mail address to •Ircei-e impoitar t Account information and special offers. 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/payments today. PO BOX 6103 Ill ll gill 111111111111111111 CAROL STREAM IL 60197-6103 11111111111111111111111111111111111111111111111111111111111111 0000019,36458338052356028691400000000286914 Discover More Card Account Summary Closing Date: January 22; 2009 page 1 of 1 pr-col nt number on Aing in 0591 Previous Balance $2,869.14 F'aymont Due Dale February 21, 2009 Payments And Credits 0.00 Minirt um Payment Due $2,869.14 Purchases + 0.00 Credil Limit $2,000.00 Cash Advances + 0.00 C:redil Available $0.00 Balance Transfers + 0.00 C17sh 1--redit Limit $0.00 Finance Charges + 0.00 Cash i-redit Available $0.00 New Balance $2,869.14 ' Cashback: Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0.00 Ccshbick BonuA5 anniversary Available to Redeem $ 0.00 Date:.lanuary 22 {? yoV? How Can We Help 1 1 • Visit Discover.com to pay your bill for no cost, view ur latest Account information, earn and redeem rewardand more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easyse1F-service C?/(? EX Please have your Discover Card available, For TDD assistance for hearing impaired) see reverse side ( ??'? options or to speak with a Customer Service Account Manager 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balance s Rates RATES RATES CHARGES CHARGES currlmt billing pericd: 22 days Purchasers $0 0.07942% 28.99% F 28.99%. $0 none Cash Acvances $0 0.07942% 28.99% F 28.99% $0 $0 previous billing perocl: 6 days Purcinose s $0 0.07942% 28.99% F 28.99% $0 none The rate:. that apply to your Account are either fixed (F) or they may vary (V) 03 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 Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account a Lost or stolen cards. Report immediately! Call 1400-347-2689. Z M Ming 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 Lake City, V 54130-0421, 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 etter, give us the following information: o *Your name and Account number. w *The dollar amount of the suspected error. ro •Dessutbe 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 0 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. SpeeW 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 mnot have to y the remaining amount due on the goods or services. You have this protection only when a purchase price was more than $Z0 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. 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 correspondence orother items with ypur payment if you send the payment to any other address or if you use an envelope other thana one pioviaed. 'Pa . nts received on or after 1 PhM Monday through Friday or on a weekend or bank holiday will be posted to your Account as of the next business Xay 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 or delivery. H 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 pa nts. 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 VS. 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 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 you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be lass than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit 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 report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete please write us at the following address. Discover Card, 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 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 aCCpearinp?on the current statement We call this the grace period. 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 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 ?coups. 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 transaction category. We use the following equation to compute Periodic Finance Charges for each transaction category Average Daily Balance x number of days in the billingp period x Daily Periodic Rate. (You may refer to the finance charge summary on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get 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 daily average balance (including new transactions) method of calculating the balance upon which we impose Per?Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing r 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 u all the daily balances in a billing period for a transaction catteeggorryy and dividing the total by the number of days in the billing cycle. We compute the dally balance for each transaction category on each day by first adding theTollowing to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subtracting any credits and pa nts that are applied a ainst the balance of the transaction category on that day. In calculating the daily balance for the first day of the billrnriod, we consider the '?revious day's balance" to have been your-balance for each transaction category on the last day of your previous billing period. If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction 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 Charles which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to-the applicable balance transfer transaction category. When a special balance transfer 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 Deal) assistance, please call 1-800-947-7449. 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. Llkb (Signature) WWR# 7303903 Louis Costa '6011002228350591 O RLED-43i: F ICE OF THE PRO"MCNOTARY 2604 APR 17 PH 2: 3 9 (?}}yy .s.fN1 t . . ?ba? 1 07* ;.0qa i Sheriffs Office of Cumberland County R Thomas Kline?,6zr of f'umbpry Edward L Schorpp Sheri a Solicitor Ronny R Anderson ` Jody S Smith Chief Deputy OFFICE OFTRE $4ERiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/05/2009 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: Louis Costa, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Louis Costa. Deputy Kenneth Gossert was advised the defendant had moved to Bradford, Pennsylvania An exact address is not available. SHERIFF COST: $51.00 May 27, 2009 2009-2445 Discover Bank VS Louis Costa so f? /R T?OMAS KLINE, SHERIFF n h! co -7: