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Home My WebLink About09-2857w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS. COMPLAINT IN CIVIL ACTION MARLIN H BIRDSALL 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 07353842 C A Pit ABR IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No MARLIN H BIRDSALL 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: MARLIN H BIRDSALL 50 CARLISLE AVE ENOLA, PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6372 . 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 24, 2009 , in the amount of $13531.76 . 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 , MARLIN H BIRDSALL INDIVIDUALLY , in the amount of $13531.76 with interest at the legal rate of 6.OOOo per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. WELT WEINBERG & REIS CO., L.P.A. 436 a enth Avenue, Suite 1400 Pit sb rgh, PA 15219 (4 2) 434-7955 F 412-338-7130 0 3 842 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. ri:vn\r?F M ?.rL $0.00 CARD 27' 114;A01 0004714 MARL::N 73IRDSALL 50 C/iRLI SLE AVE ENOLE; "Ji, 17025-2204 $2 rvuuioer enaing in o3/L ,649.00 Enter Amount Enclosed Below Payment Due Date -7 8 March 27, 2009 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 11I,,Kill Address, a-mcil or elephone change? Print change in s CAROL STREAM IL 60197-6103 above, orgo,o Disco e ver.com. Print your e-mail adressto I"??,,,,, receive importan! Account information and special offer s. 000001`166458057333227000000000 000000264900 Discover More Card Account Summary Closing Date; February 27, 2009 Account number ending in 6372 e 1 of 1 P Previous Balance Payment Due Date March 27, 2009 Minimum Pa March 7, Payments And Credits ment D 13 $13,531.76 y ie Credit Limit Purchases - $12 000 00 13,531.76 , . Cash Advances + Credit Available $0 00 0.00 . + Cash Credit Limit Balance Transfers $3 000 00 + 0.00 , . Finance Char sB s Cash Credit Availobl,> $0 00 0.00 __-- . New Balance 0 Cashback Bonus® O pening Cashback Bonus Balance New Cashback Bonus Earned $ 0'00 + 0.00 C°siibaCk4onu3O-Anniversor y.._._----__--..----__ D Cashback Bonus Balance Availahle to Rede $ 0.00 ate: March 20 _ .. etn_--..------- $-------- OQQ_-- How Can We Help You? 1 Visit Discover.con, to a bill f It's your choice - 3 ways to help p y your or no cost, view your 2 ore C ll 11 80 tI Please have your Discover Card available. F . a 0-DISCOVER (347.2683) For fast, easy elf serve a options or to speak with a Custome S or TDD (assistance for hearing impaired) see reverse side r ervice 3. Write us at Discover Card, PO Box 30943 Account Manager , Salt Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee U Trans. Post se your Discover Card with confidence. Date Date Payments and Credit:; Feb 28 Feb 28 INTERNAL CHARGE-OFF $ -13,531.76 Finance Charge Summary Average Dail Dail Y Periodic Ba nces R Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE Periodic Transaction Fee otes current billing period: 8 days RATES RATES _ FINANCE FINRS Purchases $0 0.082169° Cash Advances $0 0 08216% 29.99%° F 29.99% $0 . 29.99% F 29.99% The rates that apply to your Account are either fixed (F) or they ma va $0 V none $0 y Y ry ( ) as noted above. EXHIBIT ?__ A Important Information. If there is more than one page to this billing statement see the back of each page for additional important i matron. See yar Cardmember Agreenldlt. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1400-947-2669. 001 Rights SYwonmary. In Case of Errorsor Questions About Your Bill: If you think your bill is wrong, or if You need more information about a s after We must hear frombyou ri torus than on 60 p pare a sheet senlper at Discover Card; PO Box 30421, Salt Lake Cily, UT 84130-0421, as soon as possible. doing so will not preserve your rights. In your letter, give us thefollowingtinformation?h the error or problem appeared. You can telephone us, but *Your name and Account number. *The dollar amount of the suspected error. •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 You don of have While we investigate any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in your question, we cannot report you as delinquent or take any action to collect the amount you question. Speelal Rule for Credit Card Plrchasa: K u have a problem with the quality of goods or services that yoq purchasetl with a credit card,! and you.have Uietl in gootl faith to correct the problem with the merchant you ma not have to y the remaining amount due on the pp?Ods or services. You have this protection only when the purchase price was. more than S50 and the purchase was made in your home state or wthin 100 miles of your mailing address. (If we own or operate the merchant or ii 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 atwve, 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 or other items with your paymop en if you send the payment to an other -address or if you-use-an envelope other than-the one provii? -Payments-reeeived on or after-l- Ph Mon hrouggh Friday w-oit a -.v.•ekend 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 8103, Carol Stream, L 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 a yyinm You will need this statement and Your bank account information. You must ensure that sufficient funds are avvailable in yCoaulr bank account and8ali 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 4hose numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each from your bank account, and to initiate debit or credit entries to you payment you authorize payment You must tell us the amount of each a yo your bank account, as applicable to correct an error the processing of such each statement You can cancel a yment, however ppayment must reeeivesnoUeeaat leasstuthreeee businessseda s in advance Due h the New Balance ou may notify us by phone at 1-800-317p- , You 3683 or by mail at address listed in the previous parapra h. If in advance of the sceduletl payment you on each monthy, statement when your payment will be made and how much it will beg YourAutoma payment amount man be la ssssdthan indicated on the monthly statement based on credits or payments applied during the billing cycle. y Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed Pa ents, 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 reportin agencies each month. If you believe that our report is inaccurate or incomplete please write us at the following address: Discover Card, PO Box 1516, 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 until the date you pa your entire New Balance, by makingg ppayments or receiving credits. However, if you id the New Balance on Account billing statement by the Payment Due Date shown on that statement, and you paythe New Balance by the Payyment Due Date on your previous statement, we will not impose Periodic Finance Charges on new purchases that is purchases first app your current billing the grace period. Otherwise, you will receive a billing statement next month that includes Periodic FinancegCharges on thn new purchaases. 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 se irate 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 transaction category. We usethe followmg equationto compute Periodic Finance Charges for each transaction category. Average Daily Balance x number of days in the billin period x Dairy Periodic Rate. You may refer to the finance charge summary, on your billing statement Tor these amounts.) Then we add up the?eriodic 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 Per is Finance Charges apply to the balance in a transaction category. We use the two-cycle daily average balance (including new transactions f method of calculating the balance upon which we impose Periodic Finance Payment DThis?m?e ns if on the not payyntthe w B glance shown on the billing statement you received during the previous billing period by the you shown we will as well as new purchases that first pose Periodic Finance Charges on new purchases that first appeared on that billing statement your previous billing statement appear on the current billing statement unless we already imposed Periodic Finance Charges on the purchases on We compute the Average Daily Balance for each transaction categorryy by adding % all the daily balances in a billing period for a transaction categpory and dividing9 the total by the number of days in the billing cycle. We coadmpute a daiN balance for each transac on category on each day by- irs adding the TOllowing to the previous day s daily balance: transactions me that day, fees charged that day and Periodic Finance Charges accrued on the previous day s daily balance; and b then subtracting any credits and payments that are led against the balance of the transaction category on that day. In ca lc ulating the dai?y balance for the first day of Ne, billing period, we consfar the previous days balance" to have been your balance for each transaction category on the last tlay of your previous, billing period. K a transaction is posted to your Account after the close of the billing period 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 Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transai are added to the applicable balance transfer transaction cate?DgaaYY When a special balance transfer rate expires, we fate has transfer rminated under ther0efaultTlr?d'ate Plannweeleavveathee npaaid balance the of lancehtransferand the CI Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecornmunications Device for the Deaf) assistance, please Call 1-600-347-7449. 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. (Si tore) U WWR# 7353842 Marlin H. Birdsall '6011002984806372 (Z) OF THE PRo'flqCN'bTARA 2004 MA Y - 7 PM 12:4 4 rt t°I!? $?8 . So Pb ATTY ft"o N0 eta o30 RT* cW oo8 Sheriffs Office of Cumberland County R Thomas Kline 00111 r of `urpbrr?? A Edward L Schorpp Sheriff , Solicitor Ronny R Anderson Chief Deputy OFFICE OF TAE SHERIFF Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 08:30 PM - 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: Marlin H. Birdsall, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Marlin H. Birdsall. After several attempts the the complaint has expired. SHERIFF COST: $60.00 SO ANSWERS, ,,,.? ^ .-•? ,- Jam--,% June 08, 2009 R THOMAS KLINE, SHERIFF 2009-2857 Discover Bank v Marlin H. Birdsall _N rI?r C= M C.._. E5 C3