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HomeMy WebLinkAbout09-2580 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: DQ - 01581) e,jVt? _j vs. COMPLAINT IN CIVIL ACTION APRIL RANK 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 07353600 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No APRIL RANK 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: APRIL RANK 971 GREENSPRING RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0905 . 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 14, 2009 , in the amount of $10142.75 . 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 , APRIL RANK INDIVIDUALLY , in the amount of $10142.75 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. James Wa ro t,42524 WEL WEINBERG & REIS CO., L.P.A. 436 S v th Avenue, Suite 1400 Pitt u gh, PA 15219 (412 34-7955 FAX: 12-338-7130 0735 600 C A Pit ABR 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. vsvvfmw? 11- aIV,14Z./J ' 51,641.00 c CARD Enter Amount Enclosed Below Payment Due Date $ f E } March 17, 2009 Please make check payable to Discover Card. Minimum Payment due Includes a past due amount f $ T 381 18 SDSN6A01 0004474 o , .00. APRIL RANK 971 GREENSPRING RD Will your payment get to us on time? Pay ou bill l NEWVILLE PA 17241-9679 y r on ine and your payment can be made to your account on the some day. Visit Discover.c0m/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 71084 iii urninrliii CHARLOTTE NC 28272-1084 11I1I1111itIIIIIII,IIr,II111111111111111.-11116JIJ1I1I1,111 000001986458320153832101427500000000164100 Discover More Card Account Summary Closing Date: February 18 2009 1 Account number ending in 0905 , page of 1 Previous Balance Payment Due Date March 17, 2009 Minimum Payment Due $1 641 00 Payments And Credits $9,820.08 0.00 , . Credit Limit $8,600.00 Purchases + 78.00 Cash Advances Credit Available $0.00 + 0.00 Balance Transfers Cash Credit Limit $6,500.00 C + 0.00 finance Charges ash Credit Available $0.00 244_67 New Balance - $10,142.75 You may be able to avoid Periodic Finance Charges see the , reverse side for details. Cashback Bonus® O i pen ng Cashback Bonus Balance $ 0 00 . New Cashback Bonus Earned + 000 -Gaslrback-B?Anniver,:a.y - - - ._ .... - - - - - - _ . - - Cashback Bonus Balance $ 0.00 kmilaltle to Redeem Date: August 18 - .. . - - - - - - - - - - - ------ $ - - - - - -NO- How Can We Help You? 1 • V isit Discover.com to pay your bill for no cost i it's your choice - 3 ways to help , v ew your l Account in ore 2. Call tl 900-DISCOVERt1(347-2683) foe Fast lf Please have your Discover Card available. , easy se service options or to speak with a Customer Service Account Mana er For TDD (assistance for hearing impaired) see reverse side g 3. Write us at Discover Card, PO Box 30943 , Solt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date Other/Miscellaneous Feb 18 Feb 18 OVERLIMIT FEE Feb 18 Feb 18 LATE FEE 39.00 Information For You 39.00 EXHIBIT * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and payments should be made immediately. arrangements for future Finance Charge Summary Average Daily Daily Pe t odic Nominal ANNUAL ANNUAL Transaction P ER C NTAGE PERCENTAGE Periodic Fee a j Balances i current billing period: 31 days T ES RATES FINANCE FINANCE rljARGES CHARGES Purchases $4616.41 0.07942% Cash Advances $5321.56 0.07942% 28.99% F 28.99% $113'65 none 28 99% F . 28.99% $131.02 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important IrrAM11tlon. If there is more than one page to this billing statement see the back of eachp agefor additional See Yarn Cardrneraber Agreement. Your Cardmember Agreement contains all the terms of your Account important information. Lost or stolen cards. Report immediately. Call 1400-347-2683. co BOV Rights Summary. In Case of Errors or Questions About Your Bill: If you think g yo m transaction on yyopur bill, write to us on a se rate sheet of paper at Discover Card; PO Bdx 30421,?Sa trLake City, UT 84130-0 21, asos onlas about a o We must hear Trom you no later than 60 days after we sent you the first bill on which the error or roblem a possible. doing so will not preserve your rights. In your letter, give us the following information: P Ppeared. You can telephone us, but $ *Your name and Account number. o *The dollar amount of the suspected error. V *Describe the error and explain, it you can, why you believe there is an error. If you need more information, describe the item a about you are unsure .n You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the arts of x question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount your bill that are not in you question. Spedal Rule for Cro0o Card Purchases: If u have a problem with the quality of gi>ods or services that e you have tried to gooh faith to correct the pproblem with the mercha service nt you may not have to y the r made maipurchased rs or in np emouwith e on the capain'100 s. You have this protec ti on only when the purchase price was, more loan S5Y0 and the purchase was Your home state or wlh miles of your mailing . Qf we own n opeprate the; erchani or if we mailed you the advertisement for the goodf or services, all purchases are covered reg ardless of address the amount or loca bon of urchase. desycrib=eds. Send only ayour ay sett use information and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as in above, your you or to rocess the your check to make an electronic fund transfer from your account at the financial institution in for the amount of the checkp When h epay lent a a check transaction. If payment is processed as an electronic fund transfer, the transfer will use from account as soon as the same day we receive your and your check make an electronic fund transfer, funds may be withdrawn from your payment you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your ppaayment, if you send the payment to any other address or if you use an envelope other than-the one provided -Payments-received on or after--1 PK enday-thFouQh -rfiday er-oa a weekend or bank holiday will be posted to your Account as of the next business day 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 Tor 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. You will need this statement and your bank account information. You must ensure that sufficient funds are available in Caul us at account and transactions must comply with U.. taw. You will be asked to provide the first 5 digits of you your bank account and ail numbers as your electronic signature, you will be agreeing to this authorization to allow us and jrour bank to deduct teach ga en entering chose from your bank account, and to initiate debit or credit entries to your bank account, as a D D Ymroc you authorize payment You must tell us the amount of each yo pplict k to correct an error the pr New of such each statement You can cancel a payment, however we must reeeive noticeaat least three business days in advance Payment Due h the New Balance ou may notify us by phone at 1.800.347-3683 or by mail at address listed in the previous paragraph. If yor?pof vary in amount, payment You indicated on the monthly tstatementhbased on credits o payments applied during the billinill be Your Automatic y vary in amount?we will tell g g cycle. Payment amount may lass than Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, account may be reflected in your credit report We normally report the status and payment history of your Account toditrrepdrtiindeagencies each month. If you believe that our report is inaccurate or incomplete please write us at Vie 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 pathe your entire New Balance, by making payments or recemn credits. However, if billing statement by Payment Due Date shown on that statement and g you paid the New Balance on your previous statement, we will not imposeYyPeriodic Finance Charges on new purchasesyothat is p urch ses first appp the Payment Due Date on your current billing is no grace period on b lala ance trransfeirsror cashaadvances?tement next month that includes Periodic FinancegCharges on thonlse ne?wmpurchaVsesCaTheh?e theirs Annualr Percentagges Rate. gForP example, purchases subject to an promlotional ratee ands purchasfegs subject to aVstanda d rateeiwould be se ate groups. We refer to these groups as transaction categories. At the end of each billing pa for each day of the billing period for each transaction category. We. use the folloing&equat owe co n. to mmcompu eaPenadicdF arc egChargesefor each transaction category. Average Daily Balance x number of days in the billingg period x Daily Periodic Rate. IYou may refer to the finance charge summary on your billing statement for these amounts) Then we add up thel'eriodic Finance Charges for eacihi transaction category to get the total Periodic Finance Charges for your Account The Average Daily Balance 1s 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 upong which we impose Periodic Finance Payment DueiDate shown on that statement we will impose shown Finahnce Chargeston new purchasesetthat firsI the previous billing period by the as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic FinanceaCharges onl thellnpurchases on your previous billing statement We compute the Averagge Daily Balance for each transaction catego by adding u all the daily balances in a billing, and dividingg the total 6y the number of days in the billing c le. rrWyy ppu pp IIYY period fora transaction ca ylirW 'on adding the7ollowing to the previous day's daily balance : transactions madethatiday?feesachargedgr that day anndPeriodic ?inance Chargesy accr ed on the previous day's daily balance; and by then subtracting any credits and payments 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 billing period, we consider the Irevious 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 ;lose 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 Charges 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 Sta rate has been terminated under therDefault Rate Plannwe leaveathe unpaid balance of then balanceh trarn and tine Iaa°nce, Transfer Transactions Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOD (Telecommurdeations 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 unworn falsifications to authorities, that she is. Jennifer Noble. (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? Zr? (Si tune) WWR# 7353600 April Rank '6011002210360905 G OF 20H IPR 24 AN I t 4 to ' Ty, PERSON, .$I% .5o PO AYM Cic * 4o048y o R,T* aa4 a&o Sheriffs Office of Cumberland County R Thomas Kline „tr of cumb?r? Edward L Schorpp 0 C, Sheri 140 Solicitor Ronny R Anderson Jody S Smith Chief Deputy WIU c" THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/29/2009 03:16 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 29, 2009 at 1516 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: April Rank, by making known unto April Rank personally, at 971 Greenspring Road, Newville, Cumberland County, Pennsylvania, 17241, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, April 30, 2009 R THOMAS KLINE, SHERIFF 2009-2580 Discover Bank v April Rank MIN V)/']A prillbol a 1 J$" 11 a 1 $1 A [A , L-?XIV a4' ty Sheriff F7. ` -OM 7 i f n I CD Answer to Plaintiffs Complaint Defendants Discover Bank Plaintiff vs. April Rank Defendant I generally deny the amount of debt. April Rank May 28, 2009 971 Greenspring Rd Newville PA 17241 Case Number: 09-2580 y?i' "? r: ..