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HomeMy WebLinkAbout09-3050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. GENE R BENDER Defendant No: COMPLAINT IN CIVIL ACTION 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 07388302 C A Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No GENE R BENDER 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: GENE R BENDER 209 ORCHARD ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6154 . 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 28, 2009 , in the amount of $5534.09 . 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 $1000.00 I ' Y 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 , GENE R BENDER INDIVIDUALLY , in the amount of $5534.09 with interest at the legal rate of 6.000W per annum from date of judgment plus attorneys' fees of $1000.00 , and costs. ,;TT warmibroclt, 42524 WELT WEINBERG & REIS CO., L.P.A. 436 S nth Avenue, Suite 1400 Pitts gh, PA 15219 (412 34-7955 FAX: 4 2-338-7130 073 8 02 C A Pit ABR This law firm is a debt collector atte ting to collect this debt for our client and any information obtaine will be used for that purpose. 1.0"%WNW7T tit% Ju.uu JI,!/Y.VU CARD _ Payment Due Date March 28, 2008 29 SDSN6A01 0001597 GENE BENDER 209 ORCHARD ST MECHANICSBURG PA 17055-4170 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. Enter Amount Enclosed Below ? f $[ 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 111 ,..Ilnrul,1111116111 1 CAROL STREAM IL 60197-6103 IJI??II????I,III I I..I I IHIIIIIIII I III I III 111111.11 000001986458925928471000000000000000117900 EXHIBIT Pr- Discover More Card Account Summary Closing Date: February 29, 2008 page 1 of 1 Account number ending in 6154 Previous Balance $5 534 09 Payment Due Date March 28, 2008 Payments And Credits , . 5 534 09 Minimum Payment Due $1,179.00 Purchases , . Credit Limit $5,600.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $2,800.00 Finance Charges + 0.00 Cash C dit A il bl + 0.00 re va a e $0.00 New Balance $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0 00 . New Cashback Bonus Earned + 0.00 Cashback Bonus Balance $ 0 00 Cashback Bonus® Anniversary - . Available to Redeem $ 0.00 Date: September 9 How Can We Hel You? p 1 • Visit Discover.com to pay your bM for no cost, view your It's your choice - 3 ways to help latest Account information, earn and redeem rewards and more 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, Soft Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Dale Payments and Credits Feb 29 Feb 29 INTERNAL CHARGE-OFF $ -5,534.09 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above Finance Charge Summary Average Dail Daily P i d Nominal ANNUAL PER ANNUAL Periodic Transaction Fee y Balance s er o ic Rates CENTAGE RATES PERCENTAGE RATES FINANCE FINC NCE current billing period: 20 days Purchases $0 0.07668% 27.99% V 27.99% $0 Cash Advances $0 0.07668% 27.99% V 27.99% $0 none $0 Important Inforunatlon. If there is more than one page to this tilling 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. W Lost or stolen cards. Report immediately! Call 1-800-347-2883. U) Baling Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wron or if you need more information about a o transaction on your bill, write us on a separate sheet of paper at Discover Moresm: PO Box 30421, Salt LaRle City, UT 84130.0421, 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 c doing so will not preserve your rights. In your letter, give us the following information: o Your name and Account number, o :Your dollar amount of the suspected error. cn *Describe 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 o about 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 RWe for Credit Card Purchases; If & 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 pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 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 of location or 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 or other items with your payyment, if you send the payment to any other.. address or if you use an envelope other than the one proyitled. Payments received on or after 1 PM Monday through Friday, or on a weekend or bank holiday will be posted to your Account as of the next business day If you have misplaced your envelope, sen0 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 nght to resubiniytoit as an electronic debit. Y You ill n coil this statementmanayyyoeur bankgaccount information.thYtelephone, mssure t yhat suflcientpfautomatic nvailab le n your- bank account, and all transactions must comply with dU.S. 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 1-800-347.2683 or by mail at address listed in the previous paragraph. If your payments may vary rn 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 less 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 pa ment 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 MoresM Card, Pt7 Box 15316, Wilmington DE 19850.5316. Please include your name, address, home telephone number and Account number. PERIOD un it the date yyouCEpay y ur entire New Balance, by makingrpayment sot receivingscredits. However, we willeprovide the followirigegd glace pe Ir od u If you Paid the New Balance on your previous billing statement by the Payment Due Dale shown on that statement and you pa tTi e New Balance by statement. OttherwiseI will receiivvena billlingistatement nextemonith that includefsPeriodiceFinapurchases, rgeslon those h new puichases.Theieis this grace period on balance transfers or cash advances. no We sort your transactions into Tor 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. the Met 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 comute Periodic Finance Charges for each transaction category-Average Dairy Balance-x-number of days-:o the bong period- ? Nly-Periodic Rate i,5ee We finance charge summary on yrn,r stater .e rt for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic Finance Charges tot 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 average daily 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 the 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 daily balances in a billing period for a transaction Category and dividingg the total 6 the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by Thsi adding the Tollowin to the previous day's daily balance: transactions made that da , fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance: and by then subtracting any credits and payments that are applied against the balance of the transaction category ious the alanc fi st dayd y of thecb llling(period If aytransaction ris?peosptred itosyournAcount aftercthe rclose of'pthevbill ng periodihn Dwh cheit toccurs, wee w ill 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 Ne applicable cash advance transaction category e and Balance Transfer Transaction Fee Finance Charges which are added to th aTprplicable balance transfer transaction category. When the special rate expires, we move the unpaid balance of the balance transfer terminated .rider then Default nRateiPlaneWB leave ihearuapald oala icon OfrtilB balance trransferoand theoHala cewTransfert Transaction a Fee Finance Charges in the applicable transaction category until the special rate would have expired for TDD (TeleeodnmuNcations Device for the Deal) 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 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. ?% (1-?i (Si a e) WWR# 7388302 Gene R. Bender '6011002810356154 FILED GE t T1.,-": PPi TH. 'NOTARY 2009 MAY 13 Pty 1: 33 Cuff y v U r?1 ? Y x'76 . so ?a Af? CIE Yakagy ?? ? 25a7S Sheriffs Office of Cumberland County R Thomas Kline ?.°'?atp of CUQtb'P.. Edward L Schorpp Sheriff r Solicitor Ronny R Anderson a; .Z Jody S Smith Chief Deputy OFMCE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/12/2009 R.1 and the 3s Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search ry for the within named defendant to wit: Gene R. Bender, but was unable to locate him in his He therefore returns the within Complaint and Notice as not found as to the defendant Gene R. Louis Sullivan current resident of 209 Orchard Street Mechanicsburg, Pennsylvania 17055 states idant has never lived at the address. The Mechanicsburg Postmaster has advised the mail is to current address. An exact address is not availably SHERIFF COST: $33.00 May 22, 2009 Bank Gene R1 Bender n CO ck; "'