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Home My WebLink About09-3554IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOYCE WESTHAFER Defendant No. CF( - 3554 0,N; L -1 COMPLAINT IN CIVIL ACTION 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 W WR#7340387 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOYCE WESTHAFER Defendant Civil Action No. COMPLAINT IN CIVIL ACTION 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 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 ROAD NEW ALBANY, OH 43054-0000. 2. Defendant is an adult individual residing at 499 RICH VALLEY RD, CARLISLE,PA 17015. 3. Defendant applied for and received a credit card issued by Plaintiff 's bearing the account number XXXXXXXXXXXX8463. 4. Defendants made use of said credit card and has currently a balance due and owing to Plaintiff, as of MAY 13, 2009, in the amount of $9,681.32. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 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 $1,500.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JOYCE WESTHAFER individually, in the amount of $9,681.32 with continuing interest thereon at the statutory rate of 6% per annum from MAY 13, 2009 plus $1,500.00 in attorneys' fees and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. armbrodt, Esquire PA I.D. 4 524 WELT , WEINBERG & REIS CO., L.P.A. 1400 o ers Building 436 v nth Avenue Pitt gh, PA 15219 (41 434-7955 WWR#:7340387 ¦v r err IF `I% JY,Oa I.JZ C A R D 5850.00___- JI Enter Amount Enclosed Below 18 SDSN6A01 0000639 JOYCE WESTHAFER 499 RICH VALLEY RD CARLISLE PA 17015-9076 Payment Due Date $ March 17, 2009 Please make check Minimum yment dpuincludes le to Da pat due Minimum of $601.00, 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. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discover 77 ents today. 1 PO BOX 71084 III.1lllrr„r11111JrrrJil r„ CHARLOTTE NC 28272-1084 000001986458781511692096813200000000085000 Discover More Card Account S u mmary A Closing Date; February 18 2009 ccount number ending in 8,463 , page 1 of 1 Payment Due Date March 17, 2009 Minimum Pa ment D Previous Balance Payments And Credits $9,369.87 y ue $850.00 Credit Limit $9 200 00 000 Purchases , . Credit Available $0 00 Cash Advances + 78.00 . Cash Credit Limit $6 900 00 + 0,00 Balance Transfers + , . Cash Credit Available $0.00 0.00 Finance Cho s + 233,45 New Balance •32 You may be able to avoid Periodic Finance Charges r See th , e everse side for details. Cashbaek Bonus® Opening Cashback Bonus Balance New Cashback Bonus Earned $ 5.06 Redemptions This Period + 0.00 EXHIBIT Gashback $onuse-Anniversa 18 y - - - Date: Jul '---- Cashback.Bonus Balance. y OM Available to Redeem How Can We Help You? ' $ 0.00 1 • Visit Discowr.com to your bil 'It s your choice - 3 ways to hel your latest Account information earn and redeem r wards d 2 C p Please have your Discover Card available . more all 1-800-DISCOVER (347.2683) for fast, easyself service an options or to speak with a C . For TDD (assistance for hearing impaired) see reverse side ustomer Service Account Manager 3. Write us at Discover Card, PO Box 30943 , Salt 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 OVERUMIT FEE Feb 18 Feb 18 LATE FEE $ 39.00 Information For You 39.00 * * * ATTENTION * * * Your account is seriously past due. payments should be made immediately Payment of the amount due and arrangements for future . Finance Charge Summary Average Dail Dail Y Periodic Bglance < R Nominal R ANNUAL ANNUAL Transaction MAC Periodic Fee PE ates current billing period: 31 days RAC A NANCE _ FINANCE !&TES - H Purchases $4721.63 0.07942% Cash Advances $4760.72 0.07942% 28.99% F 99% F 28.99% $1 16.24 none 28 The rates that aPPIY to your Account are either fixed (F) or the . m ay vary (V) as noted above. 1rlrportiaat Information. If there is more than one page to this billing statement, see the back of each IIeo You' CW*Wn bar AW*wmnt Your Cardmember Agreement contains all the terms of page f°r additional important information. Lost or stolen Cards. Report immediatelyl Call 1-800-347-2688. your Account. Cn 80 8 In Case of Errors or Questions About Your Bill: If You think m on N)ur Iran coon hear Yro pit, write to us on a separate sheet of Ca your bill is wrong or if yyopu need more information about a _o We must hear Nom you no later than 60 days after we ?wper at Discover rd; PO Box 30421, Salt Lake City, UT 84130-0421, as soon as doing so will not preserve your rights in your Letter, give us th}e following in ormationich the error or problem appeared. You can telephonepusssibut ?YWr name and Account number. The dollar amount of the suspected error. o out ? *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 m ab x You do not have to pay any amount in question while we are investiatin ,but T question. While we investigate your question, we cannot report ® g you are still obligated to you as delinquent or take any action to colleen the amount youyour question at are not in IIper:lal Rule for Credit Card Pu'clrases; tt You have a you•have Vied in popd faith to correct the problem wiolhblthe me chan?uality off goods or services that you purchased with a credit card, and sconces You havff tha protection Doty when the purchase price was more than S50 and have ptochase he was made in your amount due on or the Dods or 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 a100 covered regardless of the amount or location of home state within are On' purchase.y re nsa Send only your payment and the lap portion of this statement in the envelope provided. Do indicated on authorize us to use information on your check to make an electronic fund transfer fr be for the amo nt of the c heck. Whh n wa usea rnfoRnatronhtrom?ansaction. If payment is processed as a account as soon as the same day we receive your payment, and your check to make an electronic fund tr you will not receive your check back from The processing of your payment MAY be delayed if You send cash correspondence or other items with you other address a If use an envelope other tharr the one provided -payments received on or after 1 P or bank holin. will to posted to r Account as of the next business day_ If you have misplaced your rre ubmit R as an electronic debit' 60197-6103. Please allow 7-10 days for delivery. If your payment Is You can pay your minimum payment or a prealer amount over the telephone, and p You will need this statement and Yyour banfc account information. You must ensure that suff?ent fundsmai transactions must compplIyy with US°lavv you Will be asked to ?rovide the first 5 digits of your account numbers as your electronic afore, F. from your hank 2n ,-t ..? yol w01 be aoreeino to this authnrisntinn r.. RX...._ _ are ballanceetrans ed t e le balance T transfer rate has been terminated under the Default R Finance charges in the applicable transaction Fm Tnn rTd?wn...w.....?....u..?- n-...__ ._.. om ySOeUr account at the Mane al institution n electronic fund transfer, the transfer will ansfer, funds may be withdrawn from your Your financial institution. r yment, if you send the payment to any M nday-throu h Friday or on aweekend envelope send Your payment to Discover returned unpaid, we reserve the right to uriAecdount to credit reopNortindgeagencies your s: Discover Card, PO Box 15316, Wilmington, 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. (21? J (Signature) WWR# 7340387 Joyce Westhafer '6011002687528463 0 Zi:cI?il., t»J I i7 J t I ?8.5o P? ATrf ?7r 3g904U Sheriffs Office of Cumberland County R Thomas Kline ,t, niattrb?f? Edward L Schorpp Sheriff° Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE -,E S"ER'FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/02/2009 09:10 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 2110 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joyce Westhafer by making known unto Steven Westhafer, husband of defendant, at 499 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, June 04, 2009 F2 THOMAS KLINE, S ERIFF Deputy Sheriff 2009-3554 Discover Bank v Joyce Westhafer N Q Q "r' rF C.. 1 Mr F (~1 C?? '--jrn n C